Flight class change

[johna9]

Can a travel company change the class of a flight to a poorer standard and still charge the same for the holiday? The original booking was made with premium cabin on a return from cuba but they made a mistake in loading flight information and are trying to get us to accept this. We made the booking on the basis of the original flight and paid a deposit. Now they are saying they can't afford to let us go on that basis but will allow us to cancel. This may leave us with limited holiday options because holiday time is booked at work and can't be altered. Do we have a claim?

Edited April 9, 2009 by johna9
spelling

[andie_303]

I would imagine if you have the particulars of the holiday in writing along with the payment quotation they should honour this.

 

not sure if this is covered in the montreal convention perhaps take a look there

[johna9]

It doesn't seem to be covered but it is a long document and skimming it there is no mention of class of flight. Thanks for the quick reply.

[andie_303]

perhaps to save you time ring or email a similar airline i.e. if you flights are with BA ring Virgin and ask if they would do the same thing - sometimes they give you the answer quickly so you don't have to trawl though loads of paperwork - cheeky but effective!

[johna9]

Good idea, I'll try it tomorrow. We are BA airmiles account holders so they may help.

[Thailand]

They can't afford it? They work these things out to the penny before they sell them. oh well, somethings happened... very inconvienient for you.

 

If you do need to cancel, make sure it is without cost, as it is they who have welched on the contract (be very mindful of this in case they try and charge you....I wouldn't be surprised)

 

I hope you get something sorted for the same price...or less!

[butty_a]

Does the fact that they have accepted payment in the form of a deposit not make this a full contract now. If so surley they should now honour it if not then can any body enlighten me of my usual ignorance.

Had something similar with my wedding ring, got a really good deal but we paid full price though. When they realised the offer only applied to rings in store they tried to reneg but couldn't as we had a reciept with the payment and ring size expected. Just a thought but I though they had to honour the deal now they have accepted money.

Hope you get have a nice trip though.

[Thailand]

Does the fact that they have accepted payment in the form of a deposit not make this a full contract now. If so surley they should now honour it if not then can any body enlighten me of my usual ignorance.

Had something similar with my wedding ring, got a really good deal but we paid full price though. When they realised the offer only applied to rings in store they tried to reneg but couldn't as we had a reciept with the payment and ring size expected. Just a thought but I though they had to honour the deal now they have accepted money.

Hope you get have a nice trip though.

 

I don't think so reading this, which answers a couple of questions in the OP. The difference maybe because this is a service yet to be taken, but as ever, I'm not 100%

 

Significant alterations to essential terms
12. In every contract there are implied terms to the effect that—
 

(a) where the organiser is constrained before the departure to alter significantly an essential term of the contract, such as the price (so far as regulation 11 permits him to do so), he will notify the consumer as quickly as possible in order to enable him to take appropriate decisions and in particular to withdraw from the contract without penalty or to accept a rider to the contract specifying the alterations made and their impact on the price; and

(b) the consumer will inform the organiser or the retailer of his decision as soon as possible.

Withdrawal by consumer pursuant to regulation 12 and cancellation by organiser
13.—(1) The terms set out in paragraphs (2) and (3) below are implied in every contract and apply where the consumer withdraws from the contract pursuant to the term in it implied by virtue of regulation 12(a), or where the organiser, for any reason other than the fault of the consumer, cancels the package before the agreed date of departure.
 
(2) 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; or

(b) to take a substitute package of lower quality if the other party to the contract is able to offer him one and to recover from the organiser the difference in price between the price of the package purchased and that of the substitute package; or

© to have repaid to him as soon as possible all the monies paid by him under the contract.


(3) The consumer is entitled, if appropriate, to be compensated by the organiser for non-performance of the contract except where—

 

(a) the package is cancelled because the number of persons who agree to take it is less than the minimum number required and the consumer is informed of the cancellation, in writing, within the period indicated in the description of the package; or

(b) the package is cancelled by reason of unusual and unforeseeable circumstances beyond the control of the party by whom this exception is pleaded, the consequences of which could not have been avoided even if all due care had been exercised.

[butty_a]

I see what your saying but regulation 12 is based on incidents out of thier control i.e ''(a) where the organiser is constrained before the departure'' , not because they cant do the sums. 11 Doesn't count as it there is no price change,

 

 

I think regulation 4 will help though.

 

Descriptive matter relating to packages must not be misleading

4.—(1) No organiser or retailer shall supply to a consumer any descriptive matter concerning a package, the price of a package or any other conditions applying to the contract which contains any misleading information.

 

(2) If an organiser or retailer is in breach of paragraph (1) he shall be liable to compensate the consumer for any loss which the consumer suffers in consequence

 

They have effectively said the holiday will be one price and they have all agreed then after a while they have refused to honour this agreement and lowered the class, would the OP have agreed to this holiday with at that price and at the class now being offered. I think the ''descriptive matter concerning the package'' is misleading. May be pedantick as it wasn't malicious but they still did it and may sway an arguement.