Steward, if they have cancelled your flight (a significant change) and the alternative is not acceptable then you should be entitled to cancel with a full refund.

Kath HT Admin

Yes, our holiday times changed,by over 12 hours. If it changes by over 12 hours your entitled to a full refund. BBB

My immediate answer (without checking thoroughly) is that you are not only entitled to a full refund but to compensation as well.

The Package Travel, Package Holidays and Package Tours Regulations 1992, clause 13 (2) and (3) set out the conditions wherein the operator must reimburse in full and may be liable to pay compensation in addition.

These rules apply where you've bought a "package". A package requires that you buy at least two of the following:

Accommodation, Transport, Other services (such as a pre-paid trip).

If you've booked a flight only, EC261/2004 regulations will apply.

In brief, if a flight is cancelled or you are 'bumped' (refused boarding) you are elligible for a refund of the flight value and compensation ranging between about £170 and £415 - depending upon length of wait prior to cancellation notice and distance to be travelled. You must request the cancellation and monies then due to you must be paid within 7 days by the airline

.

Don't assume that the T.O. or airline must only refund you - they are in effect in breach of contract. They'll probably come up with some excuse for the cancellation - lack of sales is NOT an acceptable excuse and is stated as such in the 1992 Travel regs.

let us know if you've got a flight only or a full package. If you accept their offered alternative push for a substantial compensation payment to cover your day's loss of wages (if your company permits you to take the time unpaid).

Let us know the outcome Stewart.
Mike

MIKE

Thanks for the prompt reply. I have logged onto the ABTA website which advise

Once the Booking is Made

If an ABTA Member does cancel your booking or makes a significant change to the travel arrangements after the date for payment of the full price they must offer you compensation unless the reason for the cancellation or change was outside of their control [Code 2.1 & 2.2].

I booked with a travel agent, Barrhead Travel, who in turn booked with the tour operator, Scot Travel Holidays. Who exactly should I be claiming compensation from, the travel agent or the tour operator?

Stewart

don't mean to upset you but you have said in your last post that compensation is not payable if its beyond their control. usually flights are beyond the tour operator or travel agents control. but good luck anyway.

Stewart,
your contract will likely be with the Tour Operator. The agent is probably acting as the T.O.'s retail agent.
Shortly after you booked you should have received paperwork clearly spelling-out who the "Principal" is (generally the tour operator).

You should therefore chase the T.O. for compensation.

ABTA is the Assoc. of Brit. TRAVEL AGENTS and is the body responsible for the agents. ATOL is the body responsible for Tour Operators.

Ali has a point about "outside of their control" claims - T.O.'s usually try to make all their failings appear to be "outside their control". In reality, few such excuses stand up to scrutiny. For example, a mechanical fault. Planes ARE mechanical machines - they are prone to faults. That's why they are maintained on a regular basis. Knowing this the T.O. should have access to backup aircraft. Lack of sales for a flight is considered one reason a flight may be cancelled (13, 3 (a) clause in 1992 Tour regs.) providing the consumer is informed in writing and within the timescales indicated in the description of the package.

Overbooking is NOT considered reasonable cause for cancellation and failing to compensate.

So, try to find out why the flight has been cancelled - one would assume the T.O. would have extended you the courtesy of that knowledge ( ). Talk to your travel agent first about that and seek it's advise as to how to progress. If all else fails talk to Ros Fernihough quickly on 01922 621114. Don't accept compensation from the T.O. until you've checked your position fully.

Read your booking terms & conditions with regard to the period of time you must be warned, in writing, about flight cancellations.

Keep us posted please.

Mike

SMC

How did you get on?? Have you found a suitable alternative yet? I hope so - Know how frustrating it is, so far my holiday has been subject to 2 flight changes & most recentley accom change Off on Monday so fingers crossed for no more changes before then

Let us know

LA

Leigh Anne and all,

I have now received a full refund for the holiday. I think one of the main reasons for the cancellation and the reason many on here have been messed about with flight times is due to bird flu which has affected Turkey holiday sales. There are hundreds of amazing deals out there and you dont ave to look too hard.

I originally paid £580 for 2 weeks for my wife and myself leaving from Glasgow going to Icmeler which i thought was excellent. I am now booked for the ISILAY apartments in Marmaris leaving 2 weeks today for £462.
In the end this has been lucky for me.

The tour operator has now advised that if I want any compensation I should contact the travel agent not them. Reading Mikes earlier post I beleiev that it should be the TO I should be contacting and I will be letting them know that.

Leigh anne have a great holiday and I hope your flights are on time and your accomadation turns out to be great

Stewart

good for you stewart. glad its worked out fine for you. have a great time. ali

Thats good news in one respect Stewart.

However, you are right in your thinking re the TO. How can the Travel Agent be held responsible for a change that the Tour Operator has made. The agent is purely what is states they are - an agent, and they have provided you with a holiday that has been 'packaged' by a n other ie the Tour Operator.

Good luck with your complaint!

Kath HT Admin

Hi smc4761 i cannot see how you would get any compensation as you have been refunded.
These things happen and yes it is very annoying when it does.

Lack of sales for a flight is considered one reason a flight may be cancelled (13, 3 (a) clause in 1992 Tour regs.) providing the consumer is informed in writing and within the timescales indicated in the description of the package.

kmba, consider a situation where a T.O. cancels your package 2 hours before you arrive at the airport for the flight. You'd be rightly annoyed. Suppose the T.O. cancels a week before dep. You'd still be annoyed but less so as you would have some time to find an alternate holiday.

Both situations are a breach of contract, the only difference is the level of inconvenience suffered by the passenger who is guiltless in the matter and who has complied fully with his side of the "contract" - he paid in full probably 10 weeks prior to dep.

So, compensation is VERY much applicable and it will be down to the T & C's to determine if Stewart was informed after the deadline or before.

Mike

We had booked to fly from Birmingham at 0900hrs 04 July 2006 to Egypt today I recived a phone call that we are now got to go to Manchester on the 06 July 2006 and fly at 1345hrs.

This means that we are coming back after my leave has ended. I have had to canclled.The Tour Operator after a battle manage to geta full refund. We have had to rebook and pay a higer price due to the time before we will have to go plus there was not much choice.

Due to this I had to take a non pay day off from work to sort out

Can I claim

I highly doubt that you are able to claim back for the day you took off work.

Because of a major change you were refunded the full holiday cost. In addition you might also be able to claim compensation which is on a sliding scale depending on when you were notified of the change. Please check the amount of compensation from the terms- and conditions in the brochure you booked your holiday from.

Hope this helps.

Mark

Trigger is it a package holiday you booked or a flight only?

Tigger have received a message from Ros Fernihough the travel law solicitor:-

If it's flight only then no compensation at all. If a package holiday as a full refund has been received the only compensation will be in accordance with the terms and conditions of your contract with the your Tour Operator.

The terms and conditions should be at the back of your brochure.

If it's a package who did you book with? (Tour Operator not travel agent)

I booked a pacakage holiday with Thomas cook

Through Co-op Travel

The Girls were great at Co-op Travel trying to sort ou

You need to read the terms and conditions in their brochure to find out what their policy is regarding cancellation due to a major change.