HolidayTravelWatch Clinic – Case Study | Significant Change Rights – Pre & Post Departure | The Package Travel Regulations | HolidayTravelWatch
Holiday TravelWatch Clinic – Case Study (Significant Change Rights – Pre & Post Departure):
Mr & Mrs C booked their dream Greek Island Cruise and looked forward to their idyll in the sun! Those dreams came crashing down when they arrived at their destination airport to discover that their boat was not going to meet them at the local port but was situated at a port on another island! They were put on a ferry boat and when they arrived, they discovered that they were the only guests on the boat. No real facilities existed on the boat and they could not make contact with the local tour operators representative. Their journey did not last long as they had to pull into a nearby port due to engine trouble! Out of the one week’s holiday, they spent the next 4 days in dock with very few of the facilities on the boat being available. They later discovered that the other passengers had been put up in a hotel on mainland Greece, also stranded by the mechanical difficulties of this boat. They received no assistance from the tour operator and some abuse from the local staff because they had decided to complain. When they returned to the UK they lodged their complaint with the tour operator, complaining that their holiday had been destroyed by the mechanical failure of this boat. The tour operators response was slow. The first response came with the provision of a voucher (£150) and after further correspondence they were provided with a cheque for £517. The tour operator claimed that they could only provide compensation for the accommodation part of the holiday contract; in this case they ’allowed’ 4 days. They also claimed that they could not refund the airline costs as these made up 60% of the holiday cost and this service was delivered without any prejudice being suffered! Mr & Mrs C were not pleased with the response and wondered what they could do.
Suggested Solution:
The primary issue in this case was the fact that the boat was not situated at the designated rendezvous point. It was established that there was a mechanical defect with the boat – the tour operator was later to claim that it had been relocated due to bad weather! It was clear that even before Mr & Mrs C left their home address, there was already a major and significant change to their holiday contract. Regulation 12 and 13 of the Package Travel Regulations set out very clearly what the pre-departure rights are. Options must be given to the consumer, the right to cancel without penalty; the right to other accommodation options; a refund and compensation. Notwithstanding, they found themselves in this predicament when they arrived! Regulation 14 provides a right when a significant proportion of the services can not be provided in resort. If that is the case the tour company must find a solution and the consumer must give a good reason not to accept such an offer. Where the alternative is refused, the tour company must return the Consumer to their first point of departure.
So much for the rights of Mr & Mrs C! It is common for tour companies to try and split a ‘Package Holiday’ into components almost as if it were a DIY Holiday. It is frankly nonsense to suggest that a Consumer has the benefit of a flight when the accommodation part of the ‘package’ has failed. We have provided Mr & Mrs C with detailed information on their rights and arguments to counter this split resolution to their holiday complaint. They have decided that they will try once again to resolve this matter through correspondence. Routes open to them thereafter include ABTA Arbitration, Small Claims Court, MoneyClaims Online and direct legal advices!
This article first appeared in the January 2009 edition of ‘Get’Away – Your Route to Travel Rights’
HTW has noted that amongst the submissions to the Committee on Toxicity (COT) it has been suggested that the symptoms highlighted by crew and passengers were akin to the condition of hyperventilation.
HTW has for many years received reports from concerned holiday makers or independent travellers as to the safety of their aircraft, ship or boat, train or road transport.
