Q. Help - my travel agent has contacted me to tell me that my chosen holiday has been overbooked and they have offered me an alternative. Do I have to accept it?

A. No you do not. The Package Tour & Travel Regulations give you rights under regulations 12 and 13 which are set out below:

Regulation 12 states that in every contract there are implied terms to the effect that:

(a) where the organiser is constrained before departure to alter significantly an essential term of the contract 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 alteration and their impact on price

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

Regulation 13 states that:

(i) the terms set out in paragraphs (a) and (b) 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.

(ii) The consumer is entitled to:

(a) take a substitute package of equivalent or superior quality if the other party to the contract is able to offer such a substitute; or

(b) to take a substitute package of a 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

(c) to have repaid to him as soon as possible all the monies paid by him under the contract.

(iii) The consumer is entitled, if appropriate, to be COMPENSATED by the organiser for the non-performance of the contract EXCEPT WHERE;

(a) the package is cancelled because the number of persons who agreed to take it 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 or 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.

(iv) overbooking shall not be regarded as a circumstance falling within the provisions of sub-paragraph (b) of paragraph (iii) above.

REMEMBER - You do not have to accept any alternative holiday if you do not want the holiday and you can claim a full refund of your holiday costs and in addition any losses you have incurred. You may also be able to claim some compensation in certain circumstances in addition to a full refund.