Holiday Overbooking Claims | The Consumer Detriment 17
Since 2005, HolidayTravelWatch has provided comment on the ever increasing threat to The Package Travel Regulations. This situation has developed partly through the changing style of purchasing holidays, but principally from the Court of Appeal decision as to what they considered constituted a ‘package’.
After considerable debate, the Department for Business Enterprise and Regulatory Reform (DBERR) has produced a Guidance note, in an attempt to assist with the definition as to what constitutes a ‘package’. Why is this definition important? Simply, if an agent or operator can show that they are simply selling components, then they will escape the regulatory requirements of the Air Tour Operator licence (ATOL) scheme and, the provisions of The Package Travel Regulations. If that is the case, then the hard fought rights to protect the consumer will be lost. The consumer will be unprotected.
We have contributed to the continued debate, submitting our report examining consumer detriment, to the EU Commission and DBERR in October 2007. In that report we highlighted th very real risk that is now faced by the British Travel Consumer, through 160 case studies. We have also provided what we consider to be the solution to the diminution of Travel Consumer rights.
The EU Commission are currently reviewing the Package Travel Directive, but the result of their enquiries, along with their recommendations, is not expected for some time. The reaction to the recent Guidance produced by DBERR, produced a cautious welcome from the Travel Industry, but it does not deal with their principle concern, that being the market operations of the airline industry. They argue, if they are subject to a regulatory regime, then so should the airline industry when they sell holidays on their websites. We have argued that any regulatory regime should apply across the board, not just to one segment of the Travel Industry.
We have predicted, a notion rejected by DBERR, that their Guidance note and the Court of Appeal decision gives a green light to those who want to ‘deregulate’ the package holiday. HolidayTravelWatch continues to hear from Travel Consumers suffering detriment in their holiday contracts. A recent call for help came from a Ms P, she stated:
“On 2 June at 4.20pm customer services at [TOUR OPERATOR NAME] Holidays phoned me and said there was no room at this hotel and that we could go to the [HOTEL NAME] hotel (which is classed as a 4* but it is a 2/3*). I have been to the [HOTEL NAME] hotel 6 years ago and it is very basic and horrible. I said we have paid for the [HOTEL NAME] Hotel and that is where we are going (there are 4 hotels in this complex) - I said we do not mind having rooms in any of the other hotels in the complex. She said she checked and that there was no rooms available but we could pick another hotel via the internet with [INTERNET BED BANK] (their Agents) or have a refund for the accommodation (I panicked because we were flying at 8am in the morning with two little children)- we picked another hotel - she phoned me back-no vacancy. I gave her another hotel-no vacancy.
I frantically phoned several travel agents to find alternative accommodation and when I put the phone down I had a message - from customer services at [TOUR OPERATOR NAME] Holidays at 5.37pm saying that she had changed the transfer details so we could go with our original paper-work. I immediately phoned [TOUR OPERATOR NAME] Holidays at 7.15pm to be told that [NAME] from Customer services had gone home and that we were going to the [HOTEL NAME] hotel. I had not confirmed this but what could I do? While we was on holiday I emailed the [HOTEL NAME] Hotel and asked them if there had been a reservation made for us - they replied saying that they could not check the computor but that they did have vacancies for these dates (I have the e-mail to prove this)”. (12.06)
Ms P is now receiving advice and assistance from the team at HolidayTravelWatch.
Frank Brehany, the MD of HolidayTravelWatch states;
“This is a clear example of last minutes changes made on the back of the excuse of ‘overbooking’. It appears that this holidaymaker has nailed the overbooking ‘lie’ to the mast. Many holidaymakers have been affected by similar issues, finding themselves subject to ‘overbooking’ changes either several hours before they go, or at the airport! The EU Commission have stated that they intend to amend the Package Travel Directive by 2010; the Law exists now, why must the Consumer wait further before travel companies comply with the Law, and receive the protection they truely deserve?”
All Holidaymakers affected by any of these issues should contact HolidayTravelWatch for further assistance.
Tags: holiday claims, holiday complaints, Holiday Overbooking Claims
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.
