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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask for a refund as holiday has changed substantially?

278 replies

Loveabathtub · 19/01/2024 12:47

Not really a AIBU, more can anyone help me with where we might stand legally?

We booked a tailor made holiday through a company called Dial A Flight on 23.09.2023. It was to be a holiday of a lifetime that straddled the exact dates of February half term, my birthday and Valentines day. It cost a considerable sum of money. It took weeks to plan and book and involved choosing direct flights to Mauritius where we would stay for 4 nights before flying onto Johannesburg from where we would travel directly onto our safari lodge. There we would spend a further four nights before flying on a direct overnight flight home.

However, yesterday we received a phone call to say that the flight between Mauritius and Johannesburg had been cancelled which meant that we would now only spend 3 nights in Mauritius and would then have to spend one night in Johannesburg before flying onto safari.

This is bitterly disappointing. We would never have booked or paid out so much money to travel all the way to Mauritius for just three nights. Neither would we have ever booked to stay one night in Johannesburg. I certainly do not relish packing and unpacking three times over the course of a week for me and my children. The holiday company are suggesting we change dates but this does not work with school holidays. They say we cannot get a refund just for the Mauritius hotel. Neither could we fly directly straight to Johannesburg from UK without considerable extra costs. We feel that this holiday has now turned into something we would never dream of booking.

We paid Dial a Flight for a specific holiday that we have in writing as being as being four nights in a specific Mauritius followed by four nights at a in a specific safari lodge in South Africa, it is now turning into something completely different. To add to this Dial a Flight are expecting us to shoulder all extra costs and losses.

We would like a full refund to be able to reconsider and rebook at another date. Dial a Flight say this is not possible as they have found an alternative flight that will be less than seven hours delay on the original. However due to the knock on effect on the connecting transfers this new flight results in more than a 24 hour delay in getting to safari.

Our contract is with Dial a Flight. We booked the whole thing as a package. We were only informed of this yesterday, three weeks before travel is about to take place. Can anyone help advise us of our rights?

OP posts:
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5
Pineapples198 · 20/01/2024 09:05

You can certainly ask but I don’t think you would get. They probably have terms and conditions stating that small changes may be made. This is a small change. You are happy to spend 4 nights in Mauritius but would “never” have gone to Mauritius for 3 nights seems a bit extreme. You are still going to Mauritius just losing 1 night. You can spend one day exploring the city of Johannesburg which would be interesting and you don’t need to completely unpack and repack for one night - just put one change of clothes and your toiletries at the top of one case. If you keep thinking the holiday is ruined you will hate every minute of it. I know it’s hard when things have been planned and the plan changes, but your choice now is don’t enjoy it, or change your mindset and find something to do in Johannesburg for that day. It could be fabulous. Even just walking around a new city can take hours and is a wonderful experience

Sureaseggs44 · 20/01/2024 09:05

All I would say is do you research on protections for the consumer on holidays . I had a legal battle with Tui and they flatly refused me compensation. I looked up the European protection rules, different to their t&c at the time , took them to small claims , and they paid up. Would never use them again btw .

Papillon23 · 20/01/2024 09:08

I could just about imagine sucking it up if they weren't going to charge me more - I can't imagine being prepared to accept being charged extra for a worse set of arrangements.

Cloudysky81 · 20/01/2024 09:08

I have booked with Dial a Flight several times and when there has been issues I’ve found them very accommodating and receptive to feedback. I would be surprised if they can’t resolve this in a way that suits you.

Bingoballs · 20/01/2024 09:09

You need to read the t&C's in full before trying to raise a chargeback/s75 with your credit card provider. You need to provide solid evidence that they have breached the t&C's (and the credit card provider would take the money back down the line of you were credited up front)

The company you have booked it with have no control over the airline cancelling the connection and it's likely they have covered this in the t&C's.

If you have travel insurance they might be able to help with this if they cover things like this and it's within there t&C's.

You also need to check the t&C's in regards to the additional costs and if it says you will need to cover any additional costs.

whywedrink · 20/01/2024 09:09

I spent two nights in joberg 2 years ago on the way to safari with my 12 year old daughter , just me and her .

It is an incredible , fascinating city, that as long as you manage the security risks I found fine

We visited the Mandela museum , went out to eat at restaurants and a shopping mall , on our own but we only travelled with drivers known by the hotel ( in sand town) and made specific pick up , drop off times

we also did a city tour with a guy who was a news photographer during the mandela years . it was amazing, we looked at street art , and visited some iconic image spots

he also took us into some townships where he had friends , my daughter was into football and we watched a bit of a local match , and then she played a game with some local children . we even had a drink with a party celebrating a wedding in a township .

he knew everybody and i felt completely safe , it was edgy at times , but he managed any hint of bother and people left us alone .

not everybody's cup of tea , but out of the whole trip ( five days safari 3 days beach 2 days joberg ) the day in the city slums of joberg is the one that stays in mydaughters mind

if you don't get it sorted , end up having a night in joberg and want any contact details for the tour let me know

RatatouillePie · 20/01/2024 09:11

Loveabathtub · 19/01/2024 23:32

Thanks so much for this. The extra costs they are now asking for exceed 8%.

I'd be asking for a full refund as this is quite a substantial change.

What do their T&Cs say about price increases?

Whatstheword21 · 20/01/2024 09:11

ill bite - who do you think should shoulder the costs for your holiday? Your fine print will absolutely outline you are liable for these costs and that dial a flight act as the broker only.

duckpancakes · 20/01/2024 09:15

MumYourBabyGrewUpToBeACowboy · 19/01/2024 15:00

When my husband worked in Johannesburg, he visited a lion sanctuary where people were able to play with the baby lions (about the size of border collies) so that might be fun for you.

No one should be playing with baby lions

Notanotherbloodynamechange1 · 20/01/2024 09:16

Rare that I say this but YABU. It’s almost a non issue. I don’t think you’ve got a leg to stand on tbh. It would be different if you had all kinds of things booked for your time in Mauritius and were out of pocket.

notimagain · 20/01/2024 09:17

You can spend one day exploring the city of Johannesburg which would be interesting

I think some folks maybe think the comments upthread about Jo’berg and violence are overly dramatic.

FWIW this is a city where very recently a crewmember for a UK airline left the secure hotel area that was supposedly in a safe suburb to walk to a supermarket a few hundred metres away (an act which in itself was against local advice).

Within minutes he had been abducted, beaten up and more, his bank accounts were emptied and ultimately he was probably lucky to escape with his life….

An organized tour booked through a hotel should be OK but it’s not somewhere to casually explore…..

WhatsitWiggle · 20/01/2024 09:18

@catelynjane that's not true, any linked arrangements booked at the same time are covered by the package travel regulations. It doesn't have to be a single centre holiday. The legislation was updated in 2018.

OP, I work in the industry and where we've had flight cancellations, the customer is given the option to cancel for a full refund if the new flight is more than 3 hours different to the original one. That's our company standards, it's not set out in law.

But I would argue that DaF new arrangements don't work for you. They are legally obliged to offer you an alternative or the right to cancel. If you don't like the alternative and make changes that cost more, you are liable for the cost increases. But they can't force you to accept their alternative that costs more!

They're not U to change the holiday - that's outside of their control - but they are BU not to follow the law with regards your right to cancel.

https://www.legislation.gov.uk/ukdsi/2018/9780111168479/regulation/11

You want to be referring to this legislation, part 3 section 11.5.

The Package Travel and Linked Travel Arrangements Regulations 2018

These Regulations implement Directive 2015/2302/EU of the European Parliament and of the Council amending Regulation (EC) No. 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC.

https://www.legislation.gov.uk/ukdsi/2018/9780111168479/regulation/11

Gibraltarlife · 20/01/2024 09:19

I know this isn’t the point of the thread and you might already know but Mauritius has been hit by a huge cyclone and a lot of the country is currently flooded. It might be worth checking if the hotel you have booked hasn’t been impacted.

bobomomo · 20/01/2024 09:19

Yabu, with travel restrictions year things happen and as a custom booked trip if the flight doesn't exist they can't magic one up. Whether you can make them pay for the extra hotel is more a debate - look at your contract terms and conditions, they are not the same for tailor made trips compared to mass market

Chubbywubba · 20/01/2024 09:21

@Silverbirchtwo

Or is it really dangerous there or something.

Yes. It is really dangerous in Johannesburg. Not the place to casually wander around - unless you enjoy being mugged/shot

Muststopeating · 20/01/2024 09:30

I haven't RTFT but the link that someone posted about cancelling package holidays states that if the cost of the holiday increases you can cancel. So surely regardless of the significance of the change, the fact that they are asking for more money is grounds for cancellation.

Moreover, how on earth can they be charging more money for a shitter holiday? Honestly, these companies baffle me!

Mywingshurt · 20/01/2024 09:31

All depends on the contract. What do their t&cs say?

Can't advise properly without seeing the detail and nuances in the contract. Have they sent you the agreement by email?

CoastalMummy · 20/01/2024 09:32

Don’t listen to all the scaremongering ref JoBurg. Assumedly written by people who have never been there. I recommend looking at staying in Melrose Arch which is a lovely bit of the city. Lots of places you can walk around to. Yes, you need to be guarded, just like you would in any other capital city.

In terms of your rights, this firmly comes down to your Ts and Cs. Suggest you go over them… I would anticipate this doesn’t warrant a full refund as it isn’t a major change.

Make the most of it. Jo’burg might surprise you!

ScribblingPixie · 20/01/2024 09:33

What's the point of a tailor-made break if you don't get what you want. If you've booked with a credit card, call them to see if they'll take it on for you.

Dibbydoos · 20/01/2024 09:34

So many posters not getting its the Mauritius part of the holiday that's messed up @Loveabathtub

I wish you luck in changing things, but I suspect you won't be able to though you should be offered some compensation. If you have it, check your travel insurance ref the cancelled flight and changes too. Its a long shit, but that might give you some £ back.

Having visited Joburg for a day many years ago, it is worth seeing, just stay in the areas the hotel advise you to stay cos it's apparently not the safest of places.

I hope you all enjoy your trip, whereever it is x

JosieGrossie · 20/01/2024 09:45

Initially reading this I thought you were being U. The travel company can't do anything about the cancelled flight, it's completely out of their control, and there really is no need to unpack and repack several times. However charging you extra for something you don't even want seems really unfair and I would think you need to check this out to see where you stand legally. They've offered a solution but it is extra inconvenience for you and means you have to cut some time in one destination short. Definitely get a legal view of this, I don't think Mumsnet is the place you'll get the right answers unfortunately. Good luck!

LadyWithLapdog · 20/01/2024 09:47

OP, no idea about the legal side of things, but I wanted to say I’m sorry for your disappointment. I hope you get yo sort it out soon, or accept it, so you can start enjoying the anticipation of the holiday again.

lavenderlou · 20/01/2024 09:49

Someone posted the company's Ts and Cs upthread saying that if the cost increases are more than 8% then the passenger is entitled to cancel. OP has confirmed they are more than 8%. Hope you are able to cancel OP if that is what you would prefer.

MouseMama · 20/01/2024 09:57

The change in flight time may not be a significant change by itself but its impact meaning you have added a new destination to your 8 night stay is a significant change. You have no interest in visiting there and now 12.5% of your holiday is there. You’re still paying the same (or more) for less holiday at the places you want to go to.

I’d thrash it out with them on the phone they’ll probably agree a cancellation with you if you elevate it. I had a similar argument with Virgin once where I’d booked a trip to visit a friend and they tried to change the dates to a time when he wouldn’t be there. I explained this completely defeated the point of the trip and suddenly cancellation went from being impossible to really straightforward.