Package travel regulations

lisyloo

I booked a package of accommodation, activities and transfers in Jan 2020.
we have TTA cover if the agent or resorts fail.

The holiday in Oct 2020 was moved to Oct 2021 and then May 2022.
We have been unable to go for 21 months due to the destination country being closed to tourists.
it looks unlikely to go ahead in May 2022.

our travel agent has told us that we are not entitled to a full refund if the holiday can go ahead at a later date.
I have tried checking the regulations but it doesn’t define what a “significant” change is. For example a date change? or spending the holiday in hotel quarantine?
so he is in effect saying we have to postpone indefinitely.
Our friends have the same package with flights and ATOL and the agent says they are entitled to cancel if the holiday can’t go ahead in May.

there is no mention of ABTA only ATOL & TTA.

I have 2 questions,

1) is the travel agent correct about us not being entitled to cancel if May 2020 cannot be provided? But out friends can?
2) if our friends don’t want to postpone then at what point is the May 2022 holiday considered unviable when the restrictions could change at any time? Or do consumers have to risk going right down to the wire without flights or work holiday booked?

Thanks - I greatly value the input.

eskbanker

lisyloo said:

I have tried checking the regulations but it doesn’t define what a “significant” change is. For example a date change? or spending the holiday in hotel quarantine?

Regulation 11 covers the principle of traveller rights in the event of the organiser making changes, with paragraph 3 being key:

(3) Paragraphs (4) to (11) apply where, before the start of the package, the organiser—

(a) is constrained by circumstances beyond the control of the organiser to alter significantly any of the main characteristics of the travel services specified in paragraphs 1 to 10 of Schedule 1;

The subsequent paragraphs explain the rights arising from a significant change, including a full refund, and the cross-reference to the main characteristics in Schedule 1 very much does include dates:

1.  The main characteristics of the travel services specified in paragraphs 2 to 10.

2.  The travel destination, the itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included.

3.  The means, characteristics and categories of transport, the points, dates and time of departure and return, the duration and places of intermediate stops and transport connections.

4.  Where the exact time of departure and return is not yet determined, the organiser and, where applicable, the retailer, must inform the traveller of the approximate time of departure and return.

5.  The location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination.

6.  The meals which are included in the package.

7.  The visits, excursions or other services included in the total price agreed for the package.

8.  Where it is not apparent from the context, whether any of the travel services are to be provided to the traveller as part of a group and, if so, where possible, the approximate size of the group.

9.  Where the traveller’s benefit from other tourist services depends on effective oral communication, the language in which those services are to be carried out.

10.  Whether the trip or holiday is generally suitable for persons with reduced mobility and, upon the traveller’s request, the precise information on the suitability of the trip or holiday taking into account the traveller’s needs.

lisyloo said:

our travel agent has told us that we are not entitled to a full refund if the holiday can go ahead at a later date.

[...]

1) is the travel agent correct about us not being entitled to cancel if May 2020 cannot be provided?

Assuming you mean May 2022, then if the organiser tells you it can't go ahead on the booked dates, then you definitely have the right to cancel for a full refund within 14 days under regulation 11:

(5) The traveller may, within a reasonable period specified by the organiser—

(a) accept the proposed changes; or

(b) terminate the contract without paying a termination fee.

[...]

(8) Where—

(a) the traveller terminates the contract pursuant to paragraph (5)(b), and

(b) the traveller does not accept a substitute package,

the organiser must refund all payments made by or on behalf of the traveller without undue delay and in any event not later than 14 days after the contract is terminated.

lisyloo said:

2) if our friends don’t want to postpone then at what point is the May 2022 holiday considered unviable when the restrictions could change at any time? Or do consumers have to risk going right down to the wire without flights or work holiday booked?

I don't think there's anything definitive about how far in advance any package cancellations must be advised but thought I'd read somewhere on here that 7-14 days was considered appropriate.

Edit: this is where I read that: https://forums.moneysavingexpert.com/discussion/comment/78846424/#Comment_78846424

Thrugelmir

lisyloo said:

We have been unable to go for 21 months due to the destination country being closed to tourists.
it looks unlikely to go ahead in May 2022.

A lot could still change yet. 

lisyloo

Thrugelmir said:

lisyloo said:

We have been unable to go for 21 months due to the destination country being closed to tourists.
it looks unlikely to go ahead in May 2022.

A lot could still change yet. 

I agree with that.

However some people do need to arrange their work leave a while in advance. One of our number is a nurse and at one point her Leave dates were being booked 18 months in advance.
that is why we have moved the trip twice some months in advance - so that we (and six lots of work colleagues) can get on with other arrangements.

thank you so much - both

Alan_Bowen

An operator is entitled to leave the decision until the last possible moment but I agree that if the holiday cannot go ahead you are entitled to a full refund. Operators can no longer issue Refund Credit Notes that might be government-backed, so don't accept one. Just politely ask for a refund, after all, they have been holding on to your money for a long time already. 

lisyloo

Apparently the deposit money has gone to the resorts (early 2020) to reserve the dates and has not been held by the agent.
I have a feeling this is true (otherwise it would be very much in the agents interest to suggest transferring the holiday to a more viable location).

it makes no difference to the liability but in the real world he doesn’t have the money to refund.
Whilst I don’t wish him any ill it would be easier for us to deal with the TTA than with an agent who potentially won’t cancel until the last minute and doesn’t agree we’re entitled to a refund.
I don’t think he is a bad person but he’s on his knees.
I will keep you guys updated - thanks again.