Neilson Beach clubs- changed day time flight to night and swopped arrival airport in Italy

We have a big 10 adult  Neilson family sailing/ beachclub  holiday booked some time ago ( cancelled last year, loyal customers etc). We have just been told that instead of flying at 13.45 from LGW to Olbia on Titan we are now flying at 6am on BA to Cagliari.  We never book night time flights (genuine disability related reason as well as wanting not to lose sleep. We don't live in London so will now have to book  5 rooms at a hotel at LGW (and get up at 3am to check in ) or book taxis for a 1 hour 60 mile trip in the middle of the night leaving home at 1.30am.   On the day we leave we will need to get up at 5am to transfer to airport instead of a day on the water and an early even gin flight 30 minutes away.

Our flights now go to Cagliari which is 146 miles  from resort rather than Olbia which is 21 miles alway so we will have a long transfer on top. Some of the family are paying for flights to come out on day 3 of holiday (on top of full package price) due to hospital rotas. for them given that we lose the last day they will only get four days of activity- Neilson were aware of  this when we booked. We may in arrive in resort on Day 1 after lunch but with no sleep I doubt we will have the energy to sail/ play tennis etc for the two hours that the facilities will be open - we will probably go to bed !

We picked this resort becase of flight times and quick transfer - important for a short holiday.  We would never have booked the holiday now on offer.  They say they can change flight times by 12 hours, can change London airports and airlines at will and - this is the best bit - 'destination airports '. Surely that cannot be fair - they could on that basis fly us to Paris and we would have no come back. Does the Unfair Contract Terms Act apply here?

We have been doing this sort of holiday with Neilson / Sunsail for 20 years- it seems like a great way to ruin our brand and lose customer loyalty. Any advice from the wise members of this forum. Thanks in advance.
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Comments

  • Caz3121
    Caz3121 Posts: 15,788 Forumite
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    what outcome are you wanting -  to be able to cancel? change holiday?
  • sheramber
    sheramber Posts: 21,569 Forumite
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    If the flights aren't  flying then they are not available now.

    Do you want to cancel and get a refund or have you found a better  flights and want to change to them?

    Have you approached the travel agent  for an alternative?
  • eskbanker
    eskbanker Posts: 36,406 Forumite
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    Our flights now go to Cagliari which is 146 miles  from resort rather than Olbia which is 21 miles alway so we will have a long transfer on top.

    [...]

    They say they can change flight times by 12 hours, can change London airports and airlines at will and - this is the best bit - 'destination airports '. Surely that cannot be fair - they could on that basis fly us to Paris and we would have no come back. Does the Unfair Contract Terms Act apply here?
    They can indeed change 'destination airport' but I believe that change of 'destination airport' should be applicable to a change of airport at the destination, rather than flying to a completely different destination, so personally I think an element of reasonableness has to come into play, as in distance terms alone this would be more like flying from Birmingham instead of London!

    The Package Travel Regulations grant you cancellation and other rights if there are significant changes made to the trip, and one of the defined aspects in schedule 1 is "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".

    It seems extremely unlikely to me that the proposed new route would entail the same 'duration...of...transport connections' and certainly not the same 'point of return', so believe that this angle will be your best bet if seeking a refund (or a better alternative), definitely more so than the (<12 hours) flight time changes.
  • chillibeans
    chillibeans Posts: 13 Forumite
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    Dear helpful people - thank you very much.
    What would I like ? There are flights with British Airways and Easy jet to Olbia on the day I am to travel at decent times. I would like to be put on those in an ideal world. Neilson say that is not an option. Nat West Black Travel service  say that Neilson tell them these changes are within their T and C and are not ' significant changes "

    Neilson say they cannot discuss it with me in terms as I booked in the end via an agent having researched the holiday with Neilson on the phone .Why did I book via an agent? Neilson have stopped their loyalty and RYA discount and do not offer a discount for bookings of 10 or repeat bookings  anymore.  My travel agent offered me 10% off ( which was £899 so not to be sniffed at ). I asked Neilson if they would give us any loyalty or Royal Yachting discount and they said no.

    I am wondering what my best plan of attack is ?


  • Bradden
    Bradden Posts: 1,201 Forumite
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    Have you spoken to the agency you booked through? They may be able to help.
  • chillibeans
    chillibeans Posts: 13 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Yes- the agent is Nat West Black Travel Service and they have just repeated what Neilson has said. I have asked them to go back to Neilson but they say they had another client with a similar issue who got nowhere - 
  • eskbanker
    eskbanker Posts: 36,406 Forumite
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    I'd suggest reverting to your agent and asserting (as above) that the proposed flights would amount to a significant change, which obliges the parties to proceed as per PTRs regulation 11, so worth familiarising yourself with that.

    Unfortunately you can't compel Neilson to offer the flights you want, but if they refuse, you have the right to cancel for a full refund.  Are you able to secure a comparable package elsewhere?
  • sheramber
    sheramber Posts: 21,569 Forumite
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    What would I like ? There are flights with British Airways and Easy jet to Olbia on the day I am to travel at decent times. 

    Do these exist?
  • chillibeans
    chillibeans Posts: 13 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Yes the direct london to Olbia flights do exist with BA and Easyjet
    No help from Nat West Travel (they have just written ) ..

  • Caz3121
    Caz3121 Posts: 15,788 Forumite
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    edited 7 April 2022 at 4:50PM
    from recollection Neilsons charter aircraft rather than using scheduled - they used BA from Heathrow before and only Neilson's passengers onboard. I wonder if they have consolidated for multiple resorts....possibly originally planned for 2 flights but now one
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