Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
If your holiday to Mexico is cancelled due to the outbreak of swine flu then what are your actual rights??
I know what the likes of First Choice are saying, I know what ABTA are saying and i've looked at what the Package Travel regs say and they all have a slightly different spin on what you are entitled to if you holiday is cancelled.
First Choice say
"You have the option to make a free amendment to their holiday and select a different destination or alternative date up to the same value already booked."
ABTA say
"You will be entitled to receive suitable alternative arrangements"
Travel regs say The consumer is entitled
(a) to take a substitute package of equivalent or superior quality if the other party to the contract is able to offer him such a substitute.
All say you can have your money back.
Point is my holiday was a good price and if cancelled will be difficult to replace at the same price.
Angie Knights' cabinet with night vision technology
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Re: Swine flu cancellations.....what rights??
If some airlines choose to fly anybody to Mexico, or any resort at risk (and I haven't checked) they can do so but may risk claims under the tort of negligence, assuming not all airlines/airports have banned it.
If they cancel the flight, I feel they they only have to do as is stated above, because the contract is frustrated due to an occurance out of their control. It's annoying as any other costs involved would be lost (save a very good airline/agent) like hotels and transport, and they can also charge an admin fee (you can imagine what I said about that, although the company is entitled to reasonable costs - familiar lol)
A frustrated contract sends it back to square one.
I've just had this very discussion in 'class' and the role play was exactly the question you asked!
That's the way I understood it anyway. I feel sorry for anyone in that situation, though the Airlines are hating it just as much.
My reading of it is that they don't have to pay compensation because of the nature of the incident but with regards to the package, it is a binding contract and they are breaking that contract hence it implies a major variance to the package and the travel regs are very clear on what you are entitled to with regards their breach
to take a substitute package of equivalent or superior quality if the other party to the contract is able to offer him such a substitute
So unless they can prove they have no equivalent or superior quality package they should provide one.
Angie Knights' cabinet with night vision technology
Posts
2,229
Re: Swine flu cancellations.....what rights??
What is for sure is that they should offer you of something of the same value, and they'll want to rather than issue a refund. A £20 admin charge is pretty useless to them (more admin involved than those banks). I don't think anybody need accept that replacement either.
I bet some airlines try to offer holiday vouchers which is naughty, unless the recipient is OK with it, though cash is the ultimate voucher and they are entitled to it.
If the company can offer a superior product, and in order to keep the sale, they might want to. The whole is able wording is possibly open to interpretation, it could mean 'wants to' as well as 'should do' :-| And anybody reading it as 'should do' might have a difficult time with no access to availability (unless maybe using the internet to identify some?) and then how much further should the upgrade be?
I realy don't know, but could be worth writing to them and pointing this out. Don't ask, don't get.
Right, just am update. As of today (24th May) flights to Mexico have re-started. Unfortunately our flight on the 6th June has been cancelled and the Hotel we where to stay in is being removed from the Tour operators books so no flight and no hotel.
This is no longer due to swine flu, it is simply breach of contract. Also having read ABTA's code of conduct and guidance notes, i feel they are also breaching the very body i.e. ABTA, that they reassure us they are a member of to protect US!!
First of all in the code of conduct (gudance) it says that if they have a suitable alternative to offer they shouldn't ask for any extra money. They are asking us for £600 extra.
Also, it states in there that they should notify the customer of any major changes as soon as they know. Well they have told us about these changes because we forced them into a corner, but they aren't officiallt annoucing it until Wednesday!!!
Point is they say it will take 2 WEEKS to refund our money if we want it back as with everyone else. But 2 weeks from wednesday would be 3 days into when everyone who will be initially affected would have been on holiday so in effect if you want to travel on those dates you have to stay with them.
Swine flu cancellations.....what rights??
to Mexico is cancelled due to the outbreak of swine flu then what are your actual rights??
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