Change of flight

Fightformyrights

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Mar 9, 2012
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I booked a holiday for April 2012 at the beginning of December 2011 and paid in full in early February. A couple of weeks ago I got a phone call to say that there had been a flight change, the return flight would be a day late and we would have an extra night in the resort. Great! However, I had booked my connecting flights to and from London after I'd paid and received my confirmation. I asked if the holiday company would pay the fee for changing my return flight but they said it was the airline's fault not theirs and I'd have to claim from my insurance. I haven't yet phoned my insurance company but I've checked the policy document and this situation doesn't seem to be covered, I'd be very surprised if it is.

I asked the holiday company when I would receive confirmation of the change as I had no intention of changing my connecting flight without confirmation. I was told it would be within 24 hours. After a week I hadn't received anything so I rang them and was told that they were confirming arrangements with the hotel.

Another week passed and I still hadn't heard so I rang them again and said I was waiting for my confirmation so that I could change my connecting flight. I was told that they would send the confirmation and they did, within 10 minutes, although I got the impression they wouldn't have bothered if I hadn't asked.

I then went to change my flight and thought that it would cost the £32.50 fee the airline charges - it actually cost an additional £77. I was absolutely furious that I'd have to pay this to spend a supposedly free extra night in the resort.

The change was made after I had paid in full and received confirmation of the flights and hotels. I had informed the travel company that it would entail a change to my connecting flight and I needed prompt confirmation in case I couldn't get a flight. The confirmation of the change was not received until two weeks after they had informed me there would be a change and only after I'd phoned them twice. It's a well known fact that airlines increase their fares the nearer you get to the date of travel - if the travel company had not dragged their heels perhaps it would have been cheaper.

Should the travel company reimburse me for the extra expense as my contract is with them, not the airline?
 

ALewis

Moderator
Nov 23, 2010
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Yes, as this would be a 'consequential loss' due to their breach of contract under the Law of Contract. Unless you have agreed via their T&C's that changes can be made to the flights/holiday.
 

Fightformyrights

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Mar 9, 2012
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Thanks for that information. I have pasted part of the Ts & Cs below - would this be their copout? (I don't want to reveal the company name at the moment, hence the asterisks).

Flights

Your air travel is included in your package, if the carrier makes changes to the original schedule, we will inform you as soon as possible. We reserve the right to substitute airlines and aircraft, or change the destination airport, but if you opt to cancel as a result of the above changes, you will be liable for normal cancellation charges. The conditions of the transport carrier apply to your journey. The liability of all carriers are generally governed by the Warsaw convention, Hague protocol or Athens convention. Please note flights used are not operated or owned by ******* and are subject to the airline contract.

Airlines and Aircraft

We fly with scheduled, charter, low cost carrier and we reserve the right to substitute airlines and/or aircraft, or change the destination airport. Such changes will not constitute a significant alteration as defined in ****** Booking agreement. Should you wish to cancel your holiday as a result of such a change, cancellation charges will be applied in accordance with ****** Booking Agreement.
 

ALewis

Moderator
Nov 23, 2010
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South Wales
After a very quick look, the quoted only makes reference to flights and airports. There is no mention of hotels or durations of stay...
 

ALewis

Moderator
Nov 23, 2010
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South Wales
Actually thinking about this, they could not even make it a T&C'S re the duration of stay, as this could be deemed unfair under the Unfair Terms in Consumer Contracts Regulations . As they could potentially then change your stay to 1 day, rather than 7/14 etc.
I'd suggest you pay the fee for the changing of connection flights though, and then claim this back off the company, as it is your duty to minimise the costs if possible. So don't leave it to 1 day before when there will be a far greater cost.
 

Fightformyrights

New Member
Mar 9, 2012
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Just realised I didn't make myself clear in my original post - I did book the connecting flight on the same day as I received the email confirmation of the change, so have actually paid the £77, much as it pained me, I wasn't going to risk the flight being full and I knew it would be likely to keep going up.

Thanks again. :)
 

ALewis

Moderator
Nov 23, 2010
691
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South Wales
Nah it's probably just me not reading everything, and I've slept since then :)
Yeah well you can claim this money back then from the holiday company as a 'consequential loss' under the cover term of 'damages' under the Law of Contract.
Send a letter of complaint, include all details, tell them that you wish to claim the monies back from them, quoted the Law of Conteact / breach of contract etc etc, and give them 10 days to respond to you, failure to meet the deadline will result in legal action.

The small claims court charge will only be around £20 for this claim, which would be payable by the holiday company upon winning your case, therefore you're not out of pocket.

Obviously though thoroughly check your contract info with the company for any details about changing the duration of stay etc.

Sorry for the short replies previously, I was very tired.
Hope this helps
Adam
 

Fightformyrights

New Member
Mar 9, 2012
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Thank you Adam, that's very helpful. I might wait till the day before I go on holiday to post it in case they change it again!

Many thanks. :)