Cancelled Travel via Dubai - Booked with Travel Agent

PoppyDogsRenfrew

Hi everyone, I’m hoping for some advice on my rights after our holiday was cancelled.

We had a package holiday to Australia booked through Stewart Travel (ABTA protected). The flights were originally Glasgow → Dubai → Sydney with Emirates. Stewart Travel contacted us yesterday to cancel the holiday due to the conflict affecting routes through the Middle East.

What’s confusing is that we are due to fly in three weeks, and as far as we can see the Emirates flights themselves are still operating.

They have only offered us a full refund.

However, we found alternative flights ourselves that would still get us there: Glasgow → London → Singapore → Sydney (for example using British Airways). These flights are more expensive than the original booking.

From what I’ve read about the Package Travel and Linked Travel Arrangements Regulations 2018, if a significant part of the package cannot be provided the organiser should offer suitable alternative arrangements at no extra cost, not just a refund.

So my questions are:

1. Should the travel company be trying to reroute us to Sydney via another airline/hub (for example via London and Singapore) even if it costs them more?
2. Are they allowed to offer only a refund if the replacement flights are significantly more expensive?
3. If they refuse to reroute us, would we have any right to book alternative flights ourselves and claim the difference back?
4. Does the fact the original airline is non-EU make any difference if the package was sold in the UK through an ABTA travel agent?
5. Does it matter that they cancelled only three weeks before departure even though the flights themselves appear to still be running?

We would still really like to go on the holiday if possible, so we’re trying to understand whether the agent should be offering alternative flights rather than cancelling outright.

Any advice or experience with similar situations would be really appreciated.

eskbanker

There's another recent thread about a very similar issue, and in particular the interpretation of the PTRs, although it primarily related to flight cancellation:

https://forums.moneysavingexpert.com/discussion/6661847/package-holiday-who-pays-for-new-flights-if-flights-are-cancelled

PoppyDogsRenfrew

https://forums.moneysavingexpert.com/discussion/comment/81945844#Comment_81945844

Since posting they have now said they can reroute us but we would need to pay £1700. Surely that isn’t fair?

Ayr_Rage

Suggest you read the whole of the topic linked by @eskbanker

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81945869#Comment_81945869

As mentioned in the other thread, there isn't any regulatory obligation for the package organiser to absorb the cost of such changes when being discussed in advance of the trip, although different conditions apply once it's started.

Westin

https://forums.moneysavingexpert.com/discussion/comment/81945869#Comment_81945869

Is it fair that Stewart Travel pay the £1700? It's not their fault this has happen. I'm sure that the initial holiday sale to you would not have had such a high margin to now absorb that extra cost. It simply is unaffordable for them and a refund of your holiday costs is best alternative (although an understandable disappointment for you).

NoodleDoodleMan

By offering a refund in these circumstances Stewart Travel have fulfilled their obligation.