Do I have to accept alternative flight?
Comments
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You do not mention the tour operator you have booked your package holiday with so I can’t check the terms and conditions. Have you looked at them to see what they say about flight changes?
T&C's do not apply where a regulation or law is in force (otherwise we would all get shafted by every company).0 -
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You booked a package not a flight. It is the package T&C’s that will rule what can or cannot be done by both you and the operator. Forget ATOL unless your tour operator has gone bust too. Your package provider is under an obligation to get you from A to B for your hols and it is their T&C’s that you have signed up to that will apply. IMO 4 hours would normally be within what is considered as acceptable.
ATOL applies even when only one part of the package holiday is affected, it does not require the tour operator itself to go bust.0 -
I doubt there will be any entitlement to a refund for a 4 hour change to flight times. If TC was still in operation and they changed flight time by 4 hours there would be no entitlement to cancel or have a refund.
Perhaps not but it would seem that the powers that be don't consider a 4 hour delay to be inconsequential. See https://www.moneysavingexpert.com/travel/flight-delays/ where it states you will be due compensation for a delay of 3 hours or more.0 -
Polly_Esther wrote: »For clarification a refund of what costs?
A refund of the full package holiday, which is what many interpretations of the ATOL rules seem to suggest I am entitled to choose.0 -
Im not sure there is anything you can do. Flight times change all the time and when you book a a holiday it will state flights are sibject to change and can only be confirmed a few month before you fly. I once booked a holiday years ago where the flight time was changed by 12 hours. I was given plenty of notice so had to make arrangements myself.
I suspect that will be the case here. ATOL covers package holidays, your holiday company hasnt gone bust so dont think you can claim through them. Even the CAA website just says speak to the agent you booked with, so its up to them what they do0 -
Im not sure there is anything you can do. Flight times change all the time and when you book a a holiday it will state flights are sibject to change and can only be confirmed a few month before you fly. I once booked a holiday years ago where the flight time was changed by 12 hours. I was given plenty of notice so had to make arrangements myself.
I suspect that will be the case here.
You obviously didn't read the thread properly :beer:0 -
I doubt there will be any entitlement to a refund for a 4 hour change to flight times. If TC was still in operation and they changed flight time by 4 hours there would be no entitlement to cancel or have a refund.
This is the relevant bit.
Thomas Cooks (and every other tour operator) t&c will say they can change your flight by up to twelve hours so if the replacement is only four hours later you don't have a claim. The fact it's a new airline won't change that.
They might (but don't have to) let you cancel with a full refund, however any other package you book will have rhe same "up to twelve hours" clause.
Congratulations on never having a longer delay than 45 minutes, long may your luck hold !
I Would Rather Climb A Mountain Than Crawl Into A Hole
MSE Florida wedding .....no problem0 -
This is the relevant bit.
Thomas Cooks t&c will say they can change your flight by up to twelve hours so if the replacement is only four hours later you don't have a claim.
They might (but don't have to) let you cancel with a full refund, however any other package you book will have rhe same "up to twelve hours" clause.
Congratulations on never having a longer delay than 45 minutes, long may your luck hold !
Beers all round tonight, I think? :beer::beer:
Seriously though, Thomas Cook T&C's don't have any relevance here, because Thomas Cook went bust and is in administration. As such, my flight with them was cancelled and to the best of my knowledge, no Thomas Cook flights are operating, hence the repatriation of thousands of holiday makers.
The question which is relevant here is whether the ATOL rules mandate that I should have been offered a refund when one element of the package holiday failed (Thomas Cook).0 -
dialdfordave wrote: »T&C's do not apply where a regulation or law is in force (otherwise we would all get shafted by every company).
...but ATOL does not regulate a change in your flight time.0
This discussion has been closed.
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