i am going to the holiday village viva on the 8th oct
i recived a letter from eclipse direct that my flight times had been changed
there is not a 12 hour difference, but what im angry over is that when i first booked the holiday the flights they offered were no good as the flight home was a night flight leaving at 11pm and i had to be out the room by 10 am and could not get a late checkout so i asked if i could change the flights they were offering she said yes so i changed them and paid an extra £130.00 which i was happy with as i really did not want to be hanging around with a 4 year old.
so when i recieved this letter saying they had been changed as the flight was no longer avalible i was worried they gave me the same flights i was offered when i booked, but they never and these flights are ok
but i had paid an extra £130.00 for the first flights so i called them and asked for my money to be refunded, they said that they can't refund my money due to the cost of the holiday being more expensive now than what i paid in 2004
i really don't understand this reason as most people book in advance to get the better price
is there anything i can do
stingo
However, you paid the company for a better flight time and presumably they provided paperwork (invoice) showing those flight times and flight number.
It strikes me that there probably never was such a flight, or, if there was it is so undersubscribed they've consolidated it. I believe that's a clever way of saying cancelled.
I would say your hope rests upon the fact that you specifically paid extra for a specific flight time and as they are unable to provide that then they are in breach of contract. Had you booked a brochure flight time then it could be subject to change without notification but you didn't, you contracted a specific service with them.
Phone the company again and warn them that you will be speaking with Ros Fernihough (01922 621114), a specialist travel complaint solicitor, unless they agree to either refund the £130 or agree in writing to provide your contracted flight time.
I would ring Ros first to seek her advice. I have and she's acting on my behalf in a case against a tour operator.
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