# Can Budget Travel do this to us?



## mrso'brien (12 Nov 2009)

We have a holiday booked with Budget Travel for December 2009. We will not be able to go on this holiday as I will be over 31 weeks pregnant at the time I was meant to go, which is beyond the time I am allowed to travel by this company. Also my doctor has advised me not to travel that far, that late in my pregnancy. When we booked the holiday, I was only a few weeks pregnant and didn’t know it.

I don’t want to cancel the holiday, I want to change the reservation to a time that would suit us better.

The holiday is booked under the ‘winter sun’ holidays but we will not be able to avail of the holiday due to me being pregnant and then the baby will only be a few weeks old by the time Budget Travel’s winter sun holidays end and we are into their 'summer sun' holidays.

However, on Budget Travel’s website, it says that ‘alterations from one season to another are not possible’. We have phoned Budget Travel and they are saying that we must take the holiday during their winter sun period.

However, while we wish we could take up this holiday during the winter season, it is impossible and we would really like to go on a Budget Travel holiday next summer instead.

Our circumstances have changed since we booked the holiday and we don’t want to lose our money and it is physically impossible for us to travel under their ‘winter sun’ holidays.

I was wondering if there is anything we can do as we have a very legitimate reason for requesting this change. I can provide Budget Travel with doctors/obstetricians letters at their request to confirm all of this.

I would be most grateful for any advice you could give me.


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## marshmallow (12 Nov 2009)

What about your holiday insurance - does it cover cancellation in instances like this?


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## mrso'brien (12 Nov 2009)

Our holiday insurance only covers me for 'complications' due to pregnancy, which Thank God I don't have. I already rang the insurance company and am not covered.


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## TheShark (12 Nov 2009)

+1 Make a claim under on your travel insurance. Your doctor will have to certify that you are medically unfit to travel.
Good luck.


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## Complainer (13 Nov 2009)

TheShark said:


> +1 Make a claim under on your travel insurance. Your doctor will have to certify that you are medically unfit to travel.
> Good luck.


So you want to doctor to lie - right?


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## paddyc (13 Nov 2009)

Can you change/wait until next winter and then use it ?


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## WaterSprite (13 Nov 2009)

Complainer said:


> So you want to doctor to lie - right?



The doctor has advised OP not to travel so late in the pregnancy.  I don't see this as lying.


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## mrso'brien (13 Nov 2009)

Thanks but the insurance company listed out the complications and they include such things as miscarriage, stillbirth etc. I asked if my doctor provided a letter would it suffice and they said 'NO'.

So using the insurance is out of the question unfortunately.

I have thought about asking them to transfer to next winter..I guess it will depend on their interpretation of 'season' and whether they consider next winter to be a different season, in that it will be their 2010-2011 season and not the current 2009-2010 season. 

We have until today to decide or we lose not just 50% of the overall cost but 70%....so frustrating.


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## bren1916 (13 Nov 2009)

I'd call them and ask to speak to the Manager.
Tell him your situation and that you'd love to travel during the Summer and are prepared to pay say €50 admin fee in order to have it transferred to a Summer break with Budget Travel.
Failing that, you'll go to the papers creating bad publicity for them!


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## mrso'brien (13 Nov 2009)

We have rang them and they point blank are refusing to let us transfer holiday to winter sun next year. Their website is *VERY* misleading. I would have thought that the 'same season' meant we could go next winter...it will be winter afterall!

I am SO annoyed. I will be taking this further if I get no joy from them. I feel very discriminated against by them for being pregnant. I have a very legitimate reason for wanting to defer this holiday...it's not like we want to cancel it, we don't. We just want to be treated fairly.

Their staff were also *SO* rude on the phone earlier. Either we take the holiday now (winter season 2009) or we lose the money....even though I can't physically go. *GRRRRRRRRRRRR...........*


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## Mel (13 Nov 2009)

'Same season' obviously means in the current season. 
I actually think you're being unreasonable and that they are doing you a favour by allowing you to change the holiday. 
How many weeks old will the baby be when the season closes? 
Why is taking holiday with a baby 'impossible'.


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## mathepac (13 Nov 2009)

Mel said:


> ... I actually think you're being unreasonable and that they are doing you a favour by allowing you to change the holiday...


I wouldn't be one to side with the holiday companies ordinarily but I agree with Mel on this one.

Only you and your partner knew that becoming pregnant between the time of the booking and the time of departure was a possibility and that was the risk you took when booking - I fully accept you didn't know at the time.

I hope you are both happy about the imminent arrival and I hope everything goes well for all of you. You have more important things than a holiday to concern you at this stage and getting stressed about a lousy few quid won't do your blood pressure or anything else any good.

I suggest you either examine Mel's suggestion or put the entire episode down to experience.


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## Complainer (13 Nov 2009)

mrso'brien said:


> I am SO annoyed. I will be taking this further if I get no joy from them. I feel very discriminated against by them for being pregnant. I have a very legitimate reason for wanting to defer this holiday...it's not like we want to cancel it, we don't. We just want to be treated fairly.


You could remind them of their obligations under the Equal Status Acts not to discriminate against you on grounds of your family status, and let them know that you will be taking a case to the Equality Tribunal if they don't sort you out.


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## markpb (13 Nov 2009)

Complainer said:


> You could remind them of their obligations under the Equal Status Acts not to discriminate against you on grounds of your family status, and let them know that you will be taking a case to the Equality Tribunal if they don't sort you out.



I really don't see how that you could think that would work. She is medically precluded from taking a holiday because of a condition she brought about herself (no offence intended OP), not because of her race, creed or age. Equality has nothing to do with it.


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## Complainer (13 Nov 2009)

markpb said:


> I really don't see how that you could think that would work. She is medically precluded from taking a holiday because of a condition she brought about herself (no offence intended OP), not because of her race, creed or age. Equality has nothing to do with it.



If you don't believe that pregnancy has anything to do with equality, check out 

I wouldn't be in any way sure that this approach would work, but it just might - or more importantly, it might just persuade Budget to show a bit of flexibility.


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## mrso'brien (13 Nov 2009)

Mel said:


> 'Same season' obviously means in the current season.
> I actually think you're being unreasonable and that they are doing you a favour by allowing you to change the holiday.
> How many weeks old will the baby be when the season closes?
> Why is taking holiday with a baby 'impossible'.


 

Mel, the baby will be 3 weeks old when their season finishes. You cannot take a baby on a plane until they are 6 weeks old as their ear drums are not fully formed.

Secondly, they are doing us NO favours. I cannot travel at 31 weeks and I cannot travel after baby is born as it's too early for baby to travel...again medical reasons!!!

Also, I am not going into the details of whether we planned our baby or not...the bottom line is, we booked a holiday in good faith, cannot now travel, are set to lose a lot of money. Budget Travel will lose too if we cancel..... I don't see why the cannot just help us out.

Also, I rang the National Consumer Agency and they said that the same season in their T&C doesn't specify '2009-2010' so the reasonable person could assume that the same season is next winter...afterall it is the same season. 

I will just have to take the matter further and get on to my solicitor. I cannot afford to lose all this money.


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## mrso'brien (13 Nov 2009)

Complainer said:


> If you don't believe that pregnancy has anything to do with equality, check out
> 
> I wouldn't be in any way sure that this approach would work, but it just might - or more importantly, it might just persuade Budget to show a bit of flexibility.


 

thanks for your help Complainer. Appreciated. Will look into this...


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## dereko1969 (13 Nov 2009)

I would mention the Equality Act too as suggested earlier. However, are they also refusing to allow you to bring your holiday forward, say to next week? presumably then you'd be back before the 31 weeks are up?


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## Mel (16 Nov 2009)

mrso'brien said:


> Mel, the baby will be 3 weeks old when their season finishes. You cannot take a baby on a plane until they are 6 weeks old as their ear drums are not fully formed.
> 
> Secondly, they are doing us NO favours. I cannot travel at 31 weeks and I cannot travel after baby is born as it's too early for baby to travel...again medical reasons!!!
> 
> ...


 
It might be worth looking into taking the holiday earlier as suggested by derek. Otherwise, I'd kick back and prepare for the birth - as mathepac said, you have more important things to worry about now. You may be glad to skip the holiday, if you can't afford to lose the cost of it maybe you would be stretching to spending money too. Best of luck with the new arrival!


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## Happy_Harry (25 Nov 2009)

I guess you might be in with a chance of at least getting (some of) your money back now they have ceased trading.


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## djkat (25 Nov 2009)

get onto the avaition regulator tommorrow as you will be able to get your money back


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## g1g (25 Nov 2009)

when I heard about budget travel today I thought of you straight away. You will be getting your money back now it seems if you haven't had any progress since you posted.


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## Graham_07 (27 Nov 2009)

As travel was for December 09 then full refund should now be made under the terms of the bond.


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