Sadly I suspect that they CAN do exactly what you have described.

First Choice say in their T & C s that they will do what they have done with you unless it is a "major change"

Anything not defined in their specification of what is a major change is automatically a "minor change"

With regard to flight times, it becomes "major" if it is a "change of more than 12 hours to your scheduled time of departure or arrival"

I therefore suspect that (as usual!) the TO has the upper hand here.

Sadly I suspect that they CAN do exactly what you have described.

Actually, they can't. Where a tour operator switches you from a more expensive flight to a cheaper one, they are not entitled to pocket the difference in price; the law says that they have to refund you the difference. You have evidence from the brochure that the holiday package you booked and paid for was more expensive than the one you are now being offered, and you are entitled to a refund of the £99.00 extra you paid. Simple as that.

I would additionally suggest that the stance that First Choice has taken with you breaches a Formal Undertaking given to the Office of Fair Trading that they would not seek to restrict their liability for paying compensation in such circumstances, in order to comply with the provisions of the Unfair Terms in Consumer Contracts Regulations.

http://www.crw.gov.uk/Undertakings+and+court+action/Publish+Public/811_1.htm

First Choice say in their T & C s that they will do what they have done with you unless it is a "major change". Anything not defined in their specification of what is a major change is automatically a "minor change"

Once again, not so. First Choice's own booking conditions say that "a Major Change" includes (but is not limited to) the following:..." (and then goes on to give a list of examples)

With regard to flight times, it becomes "major" if it is a "change of more than 12 hours to your scheduled time of departure or arrival"

Sorry to disagree again, but actually it doesn't. When it becomes "major" is open to much wider interpretation; for instance, the office of Fair trading's view of what constitutes a major change is somewhat different. Their interpretation of what constitutes a major change includes a change of flight times from a day flight to a night flight. (which this is)

Incidentally, as well as being entitled to the difference in price between the holiday you booked and the one you are now being offered, if you paid the final balance before First Choice notified you of these changes, then they are under an obligation to pay you compensation under the terms of the ABTA code of Conduct.

I think what you need to decide here before complaining to First Choice further is whether you want to accept the changes which are being offered to the flights and press for compensation, or if you want your money back so you can look for a holiday with more suitable flight times elsewhere.

you should be able to cancel or ammend to another holiday with out a charge if thats what you would like to do, but if you are travelling outside 42 days before you were advised of this change you are not entittled to any compensation

Sorry to disagree, (which seems to becoming a habit ) CourtneyJade, but this is not necessarily true; my reading of the the law governing package holidays is somewhat different, and having pushed the point, I have to say that the courts backed my assessment of the law up.

Under The Unfair Contract Terms Act, the onus is on a Tour Operator to demonstrate that any term in their contract which was not individually negotiated, and which confers a greater benefit to them than it does to consumers, is fair and reasonable.

If a Tour Operator's terms and conditions states that they are entitled to retain your deposit should decide not to go ahead with it at any point after its formation (as pretty much all of them do), then the onus is on the Tour Operator to prove that a consumer should not be entitled to recieve damages in compensation likewise if they fail to keep to their part of the bargain due to "operational reasons"; "operational reasons" BTW, not being a legitimate reason in the eyes of the law to fail to keep to their part of the contract.

As with all businesses, any enterprise which seeks to turn a profit carries an element of risk, and a Tour Operator is no more entitled to fail to keep their part of the bargain for "operational reasons" (i.e. because they have miscalculated consumer demand and/or the likely profit to be made from selling a particular holiday) than a consumer is entitled to pull out and have their deposit refunded because they happen to have found a better price for the holiday in question elsewhere, or they would rather spend the money they had put down for the deposit on something different.

A holiday contract is no different than any other contract between a supplier and consumers in the eyes of the law; renege in it at any point after its formation, and the party who fails to keep to their part of the bargain is likely to find themselves in the position of being liable to pay the other party compensation should they suffer inconvenience, disappointment, or loss; irrespective of whatever point they happen to breach it.

Thank you for your advise. When I last spoke to first choice I asked them to just pay the £30 for the extra room but they just kept saying there was nothing I could do, its all in hte contract. But the interpretation of the contractis very vague .

I have just had a letter from Airtours that our flights have changed, but luckily for us only by half an hour each way.

Thank you for your advise.

You are very welcome.

When I last spoke to first choice I asked them to just pay the £30 for the extra room but they just kept saying there was nothing I could do, its all in hte contract. But the interpretation of the contractis very vague .

A lot of Tour Operators terms and conditions I've seen tend to be very vague. However, consumer law states that where the meaning of a travel company's terms and conditions are unclear, then the benefit of doubt is to be given to the customer, and the interpretation is to be made in their favour; not the Tour Operators.