Full refund from Travel Agent for not fulfilling order?

TeaBee72 · 29 March at 9:03PM

Hi MSE wanderers. I’m after some advice in relation to a travel agent ( Southall Travel ) that we’re having a problem with.

We booked an expensive (for us!) (£35k) package holiday with Southall Travel for a 10 night break from London Gatwick to Mauritius in mid April (2.5 week away)!

The flights were with Air Mauritius on direct flights and Business Class. We are a group of 6 adults and 3 infants ( all under 1 years old).

We have 5 nights at hotel 1, then another 5 at hotel 2.

Transfers also included.

Now I’ll start with communication being particularly poor with ST - a warning sign we should have picked up on. Hindsight.

We were told Basinets for our infants were requested but told we should call the airline ourselves ( as per MRU website ) but how bassinets are still first come first basis at check in. We were aware from researching the aircraft only had 2 basinets in business class. We were happy to have infants on lap but a basinets would help.

Two weeks ago I called up to confirm bassinets were requested and told they were. I was then asked to confirm how many infants were in the booking to confirm 3.

I was then placed on hold by Air MRU whilst they checked something. I was then told that it was against policy to have more than two infants in business class due to oxygen masks limitations.

Despite querying how the system could allow the tickets to be booked I was told this was the case a the only options was to downgrade voluntarily.

Some very frustrated phone calls take place amongst the family.

Query raised travel agent who stated they have never heard of this policy.

They call air Mauritius to confirm this policy does exist (albeit not on their website etc).

We’ve now had two week of waiting for the Travel Agent to confirm whether we can fly or not. Communicate has been fairly limited by ST despite repeated emails and calls.

We received an email stating they have received an email from Air MRU who are asking for more time to resolve the issue.

We’ve looked there is no alternative flights in business. Even on other dates surrounding. There was some but due to delays in making a decision they have now gone. We were flexible to split our party…

My perspective is we have entered into a contract for particular services/goods ( business class flights on these dates, with the hotel and transfers). If this cannot be fulfilled due to a policy meaning it never could be fulfilled then I would explore the Consume Rights Act as ‘not as described’

I have established that Travel Agents are not regulated so no regulator to escalate too if ST won’t play pall with a full refund.

Anyone else encountered this or similar? Or have any advice!

easyasonetwothree · 29 March at 9:56PM

Would you rather cancel the whole trip than downgrade 1 or 2 seats?

Woodstok2000 · 29 March at 10:08PM

A downgrade for 3 out of 9 passengers would seem to be a significant change to the booking and so you would have the right to cancel for a refund, but how easy that will be to enforce is a different matter.

Would you be willing to accept the downgrade for a partial refund/compensation? Did Southall travel look at other airlines (e.g. BA fly direct from lgw to mauritius)?

You may want to think about how much the flight really means in the grand scheme of things. I love business class but I don't really think of it as a big part of the holiday. If one person moves into economy you can always rotate if you want to, and given that you could then have 3 bassinet rather than 2, it may even be slightly more comfortable!