Do I have to accept alternative flight?

dialdfordave · 13 October 2019 at 7:24PM

Hi all

I've spent some considerable time on Google but I have not found the answer to my specific question.

I have a package holiday booked, which originally included a return flight with Thomas Cook.The agent has (without any prior contact with us) replaced the original Thomas Cook flight with an EasyJet flight (due to Thomas Cook going bust) which does not fit in with our other arrangements, as it leaves almost 4 hours later and creates significant inconvenience for us.

My question is basically, do I have to accept this flight or do I have the right to a refund?

Cheers
Dave

Ganga · 13 October 2019 at 7:29PM

Why does 4 hours make that much difference? what would happen if the original flight was delayed ( i know TC has gone but it could have happened )

dialdfordave · 13 October 2019 at 7:44PM

If I say 4 hours is highly inconvenient for us, can't you just accept it?

Maybe it would be perfectly fine for you but that doesn't mean it's the same for us.

I've never had a flight delayed more than about 40 minutes. I allow for some delays when making arrangements but 4 hours is excessive.

Westin · 13 October 2019 at 8:00PM

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?

photome · 13 October 2019 at 8:08PM

I doubt a 4 hour time difference would mean you are entitled to a refund.

You are also lucky to have never had a delay longer than 40 minutes but that’s another story

dialdfordave · 13 October 2019 at 8:27PM

The T&C's is not what I'm concerned about here but how the ATOL rules are implemented.

For example, everything I have read says they have to offer "a refund or a suitable alternative flight".

What is not clear, is whether the customer gets a choice and what counts as "suitable".

Carrot007 · 13 October 2019 at 8:29PM

dialdfordave wrote: »

What is not clear, is whether the customer gets a choice and what counts as "suitable".

What is reasonable is defined in the T&C's and I would be shocked if it were any less than 12 hours.

headpin · 13 October 2019 at 8:43PM

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.

Polly_Esther · 13 October 2019 at 8:48PM

For clarification a refund of what costs?

TELLIT01 · 13 October 2019 at 9:00PM

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.

dialdfordave · 13 October 2019 at 9:34PM

I will try to simplify by summarising everything I know, as I believe some people might be confusing regulatory (ATOL) with T&C's. T&C's cannot override regulatory as far as I am aware.

A package was booked via LoveHolidays which included a (one way) flight with Thomas Cook.

Thomas Cook went bust

LoveHolidays rebooked a flight with easyJet, on the same day but 4 hours later. They did not contact us about this to ask whether it would be suitable, or if we would prefer a refund, they just went ahead and did it.

To the best of my knowledge, LoveHolidays will be bound by whatever the ATOL rules say, their T&C's cannot override regulation or law (otherwise we would all be abused by loads of unfair clauses in contracts),

LoveHolidays have some less than clear information on their own web site. One part says:

"We have now contacted all customers who are due to travel up to July 2020.*

For those customers who have requested refunds, we are working to process these as quickly as possible".

This would suggest they have contact all customers and offered refunds to at least some of them. However it then goes on to say:

"We are in the process of emailing all our affected customers (who were not yet contacted), to advise them on their holiday options. You will shortly receive an email from us with three main options:

Keep your current holiday and choose a new alternative flight (some options will be at no cost, some options will require an additional payment from you to secure these alternatives),

transfer what you’ve already paid for your current holiday onto a new holiday (plus a little bit extra on us!). Your current holiday will be immediately cancelled and replaced with your new holiday*

cancel your current holiday and get a full refund**"

This seems to suggest they have not yet contacted everybody, contrary to the previous statement, though it does again suggest that they are offering refunds to those affected. This is AFAIK in keeping with ATOL rules (which remember, their T&C's cannot overrule).

So I guess there are two questions now.

1. Why were we not offered a refund when their own web site says they will offer one?

2. Do ATOL rules actually mean they have to offer a refund even when there is another suitable (in some peoples opinions, at least) flight available.

Do I have to accept alternative flight?

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