breach of holiday contract?

eskbanker

bagand96 said:

On the face of it, seems very clear cut, but if you're going to go down the court route you'd need to have a read of easyJet Holidays T&Cs (especially any parts relating to erroneous information) as well as Package Travel Regulations 2018.

I think the PTRs are quite clear about this, in that if OP bought an AI package and this wasn't provided, then this is a lack of conformity with the contract which would fall within regulation 15(6):

Where the organiser refuses to remedy the lack of conformity or where immediate remedy is required, the traveller—

(a) may remedy the lack of conformity; and

(b) is entitled to reimbursement of the necessary expenses.

https://www.legislation.gov.uk/uksi/2018/634/regulation/15

GeneralsDon123 said:

i have already sent them the receipt of an upgrade to half board and lunches coming to £301 and they refused to increase on the £180

Have they attempted to justify how they came up with that figure?

GeneralsDon123

eskbanker said:

bagand96 said:

On the face of it, seems very clear cut, but if you're going to go down the court route you'd need to have a read of easyJet Holidays T&Cs (especially any parts relating to erroneous information) as well as Package Travel Regulations 2018.

I think the PTRs are quite clear about this, in that if OP bought an AI package and this wasn't provided, then this is a lack of conformity with the contract which would fall within regulation 15(6):

Where the organiser refuses to remedy the lack of conformity or where immediate remedy is required, the traveller—

(a) may remedy the lack of conformity; and

(b) is entitled to reimbursement of the necessary expenses.

GeneralsDon123 said:

i have already sent them the receipt of an upgrade to half board and lunches coming to £301 and they refused to increase on the £180

Have they attempted to justify how they came up with that figure?

Thank you for the reply
This was the justification for the figure

’We work in partnership with ABTA, and all compensation offers are made in line with ABTA's guidelines.

On this occasion, the compensation offered to you not only meets but exceeds ABTA's guidelines for cases such as this.

eskbanker

GeneralsDon123 said:

eskbanker said:

GeneralsDon123 said:

i have already sent them the receipt of an upgrade to half board and lunches coming to £301 and they refused to increase on the £180

Have they attempted to justify how they came up with that figure?

Thank you for the reply
This was the justification for the figure

’We work in partnership with ABTA, and all compensation offers are made in line with ABTA's guidelines.

On this occasion, the compensation offered to you not only meets but exceeds ABTA's guidelines for cases such as this.

I wonder if there are some crossed wires and they believe they're offering a compensation figure rather than reimbursing necessarily incurred (and readily quantifiable) expenses?

Assuming they haven't shared the 'ABTA guidelines' they refer to, I'd highlight to them that ABTA do clearly recognise the distinction and specifically cite a similar 'price difference' scenario:

There are three components you must consider, although your dispute may not fall into every category:

1. Loss of value: the difference between the value of the holiday you paid for and the one you got. This might be the difference between a four-star hotel and a three star hotel if your accommodation was below the required standard.
2. Out-of-pocket expenses: the refund of any reasonable additional expenses you incurred as a result of the breach of contract. These might be the cost of unavoidable phone calls or additional transport costs, if they were incurred as a result of the problems.
3. Loss of enjoyment: an amount for the disappointment and distress caused by things going wrong.

These categories are an important guide to what you might be entitled to, but they should be considered together when working out how much your dispute might be worth. The overall figure when they’re combined must be reasonable.

https://www.abta.com/help-and-complaints/legal-facts-about-making-a-claim

bagand96

GeneralsDon123 said:

eskbanker said:

bagand96 said:

On the face of it, seems very clear cut, but if you're going to go down the court route you'd need to have a read of easyJet Holidays T&Cs (especially any parts relating to erroneous information) as well as Package Travel Regulations 2018.

I think the PTRs are quite clear about this, in that if OP bought an AI package and this wasn't provided, then this is a lack of conformity with the contract which would fall within regulation 15(6):

Where the organiser refuses to remedy the lack of conformity or where immediate remedy is required, the traveller—

(a) may remedy the lack of conformity; and

(b) is entitled to reimbursement of the necessary expenses.

GeneralsDon123 said:

i have already sent them the receipt of an upgrade to half board and lunches coming to £301 and they refused to increase on the £180

Have they attempted to justify how they came up with that figure?

Thank you for the reply
This was the justification for the figure

’We work in partnership with ABTA, and all compensation offers are made in line with ABTA's guidelines.

On this occasion, the compensation offered to you not only meets but exceeds ABTA's guidelines for cases such as this.

I agree with @eskbanker, either they erroneously believe they're offering compensation, or they're trying it on.

They entered into a contract with you and failed to deliver that contract. As pointed out they're in breach of the PTR's and they should remedy their failure.  Compensation is separate from that.

I'd be tempted to LBA them for the £301 expenses to remedy their failure to deliver the package.

And seeing as they've raised the "compensation" be cheeky and say you'd be happy to accept the £180 in addition as compensation for your trouble and loss of enjoyment.