Flight Change

T

Tarad

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Approx 6 months ago I booked a weeks holiday to Lanzarote travelling 26th December, flight departure was originally 4pm which suited us as we were planning to spend Christmas Day with family in the country. Unfortunately original flight was with Futura who went bust. Got letter from Tour Operator last week saying flight had now changed to 8am on 26th which makes it impossible to spend Christmas day with family - no public transport. If I had wanted to spend Christmas away from family would have booked holiday going out earlier at cheaper rate. I asked tour operator if we could change to a similar holiday on a different date - got a very blunt no, also told if we cancelled would have to pay very hefty cancellation fee. I understand flight times change now and again but in this instance Christmas Day (no public transport etc) was not taken into account. Sorry for long post but does anyone else think this is worth pursuing
 
It says the following and I think the 18 hours is understandable when there is appropriate services running 18 hours prior to the flight but how about when there is not??

If prior to the departure date there is a cancellation, alteration, change or curtailment relating to a holiday which results in more than 18 hours change in the time of departure of any single flight, or a change in resort or type of accommodation offered, or some other change which significantly alters the holiday, the Organiser shall, if practicable, offer an alternative comparable holiday of at least similar standard or shall refund the Consumer all monies. Unless within seven days of issue of the offer of an alternative holiday, it is accepted by the Consumer in writing, the Organiser shall assume that the Consumer has declined such offer and the Consumer shall only be entitled to return of payments made.

 
I'm a travel agent who has constantly battled with tour operators and their often unreasonable (and in my opinion, under the Unfair Contracts Act, unlawful)booking conditions and their cavalier treatment of clients.

Sometimes I win ,sometimes not. Your case is (almost) not winnable.

Regrettably, a change of eight hours on the same day is not regarded by any authority as unreasonable.
The tour operator could even have changed you to the previous day (Xmas Day) at ,say, 11 pm and still cruelly claim you were within the 18 hour rule.

there is one -small- legal chance of winning based on the following argument..
(but if you lose you pay legal costs as well as losing your money. Small claims Court is best option for this- rather dubious -argument )

Futura went bust months ago. If they had told you of the time change some months ago you could have cancelled with only a loss of deposit. And they're only telling you now ? Regardless of booking conditions they had a duty to inform you of significant time changes so you could make reasonable arrangements on such a difficult day.

They'll tell you to bog off. It's up to you .
 
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