You need to check against the terms- and conditions in the brochure you booked the holiday from and establish what constitutes a major change.

There is usually a clause in the T&C's that state that flight timings are subject to change and can be moved by up-to 12 hrs before it constitutes a major change and therefore allows you to cancel the holiday with a full refund and compensation depending on when this change was notified to you.

A 14 night holiday is exactly that. Provided you stay at your accommodation for 14 nights, the contract has been fulfilled as far as the Tour Operator is concerned.

Hope this helps.

Mark

Direct have a habit of doing this! We should know, they have done this to us twice now! You are within your rights to cancel if they move your flight forward/back by 12 hours. Unfortunately because your flight change is 11 hours 55 mins, (Not daft are they?), It's not classed as a significant change (Although to you it is). Direct changed our flight times by 17 hours from an afternoon flight, to a horrendous time in early hours. (Although they dont tell you in letter, that you can cancel - well they wouldnt would they?), I looked in to matter, and found because it was a change of over 12 hours I could!

As for compensation, it's very unlikely. Maddening as it is! I hope you enjoy your holiday despite this! Regards, BBB

Thank you for the replies.
The 12 hour stipulation is in the brouchure as you say. With regard to the 14 nights, yes , but 14 nights full board as we have paid for ???

Do yourself a favour next time you book a holiday - avoid Direct Holidays like the plague.
They are a disgrace doing this to you and to be frank have done it to lots of people, including me.
Can I ask which airport you are using and which dates you fly on ?

You could always argue the point re your meals and see how you get on. What have you got to lose ?

Kath HT Admin

Last August we were going to benidorm, (Booked with direct!), on arrival at Leeds/brad, we were told there was no flight, we would have to travel to Manchester and get a flight from there! (Great - considering I could have booked in first place from manchester for over £100 less! ). Arrived there, and we had a 7 hr 55 mins delay (Another 5 mins, and we could have claimed from insurance- but like I said in my last post, - their not daft!)

We should have learn't our lesson after last fiasco, but found a great deal for july 2006, (and put last hol down to pure bad luck). and booked it! a weeks later received a letter saying out flights had changed by 17 hrs (To horrendous early hours in morn), not once in the letter did it mention we could cancel (But I soon found out my rights! ), and after careful thought decided to cancel. When I rang up, the girl assured me that the flight times were as we had booked - so I am just keeping my fingers crossed, I have checked her word of this against the flight times on line, and it appears to be correct - but watch this space you never know!

We are going to benidorm in oct, but by now I.m extremely wary of direct, and have booked with thomsons!, and next year? First choice.

I hope you manage to have a brill hol, and enjoy your birthday. Regards, BBB

Thanks again for the replies,
We fly from Glasgow on 2nd September, returning now on early Sunday 17th (00.50) and we will have to pay for taxis to get home (over 30miles). We had a lift arranged for our arrival at 13.00hours on the Saturday. No public transport after midnight. We have used Direct many times before, Mainly because of good flight times, and the is the first time we have been let down. We had short listed this along with an eclipse package which was comparable, but opted for Direct as we had stayed in the hotel (Madeira Centro) before and the location suits us for the Old Town. The Eclipse booking was for the Hotel Levante Club on half board.
My wife really needs a break, or I would cancel , and I have been looking at alternatives, but prices are high at this time. To be honest I`m spitting feathers at the moment and we don`t need the hassle, we`ve e-mailed Direct and still await a reply.
When you read all the conditions in the brouchure the customer has very little protection the holiday companies have gone through it all and covered their backs , what other business would get away with so much legally.

So far as your full board entitlement goes whereas with the original flight times you would have had lunch and dinner at the hotel on your first day, you will now be there for all meals on your last day, or at least breakfast and lunch so you are ending up with the same (albeit highly inconvenient that you'll be hanging around on your last day after check out).

It's awful how they do this, your original flights as you said were the perfect timings.

Did you have any flight supplements charged when you booked? It's worth trying to get a refund of those if you did.

We have stayed at this hotel before and you have to book out of the hotel before lunch time. As far as it stands at the moment this means we will miss lunch and dinner as we are booked out. On our original timings we would have had lunch and dinner on our day of arrival and breakfast on leaving. As Direct have not replied to me as yet I can`t say on flight supplement reductions, but you don`t fly from Scotland without paying them. We actually paid £45 per person , during the sale, but I have just checked Directs website and the supplement is now not shown seperately even in the price breakdown, but our invoice confirms our charges.
Incidently the hotel uses electronic cards to access lifts, rooms and dining areas these are cancelled when you check out.

I presumed it was not checking out as such, but vacating rooms on your last day, perhaps you should check this if they ever get back to you. It's very unreasonable to expect you to sit around for an entire day with no access to the hotel's facilities. I'm pretty sure the hotel allows for differing flight timings, that's always been the norm at places I've been to.

Thanks for your reply Sandc. Perhaps I did not explain that to well. As regards the dining room the card was required to prove that you are a guest of the hotel, you are of course free to roam the public areas.
Our friends are just off the phone and I now have an update. He phoned Direct and got them to e-mail our options regarding the booking. We can cancel and get a full refund. We can change our holiday and pay the difference if it costs more, or we can accept the changes and if we wish a late room we have to pay the hotel and then reclaim the money from Direct when we return. No mention of meals but i will find out. I had tried to phone several times but you are held on an 0870 number and my friend held for 25mins. to speak to someone. Still no reply to my e-mail only an automated reply. He was told by their customer services that it is hectic with complaints regarding this flight change, as we are not just talking 2nd September but several dates. I`m sorry if I`m going on a bit I know people have had worse changes than this, but I`m not looking forward to spending my birthday in an airport terminal.

No, you're not going on at all, when you book a holiday and you pay a lot of money it's just not funny when they make changes that to them seem trivial but to the guests concerned it brings a whole host of problems. Not least that we search around to get good flight times and that effort is wasted when they just change them.

Let us know what you decide to do!

We have stayed at this hotel before and you have to book out of the hotel before lunch time. As far as it stands at the moment this means we will miss lunch and dinner as we are booked out

You will still be entitled to 14 breakfasts, 14 Lunches and 14 Evening meals, regardless of the hotel policies. You have paid for 14 x 3 per day meals.

Just to update for anyone in our situation, and I know that there are many. We got little joy from Direct, as they have a clause to cover just about everything. We managed to get our flight supplements reduced to what they are now charging now but little else. They tell you on the phone that you can pay for a late room and reclaim the cost when you come home but they will not give you this in writing. No reply as to if we will get lunch let alone the fact that we will miss dinner that day apart from the brochure states that due to your flight timings you may miss a meal. I feel badly let down by Direct and we are only continuing with this holiday due to the fact that prices are a good bit more now but we did not save much by booking during Direct`s January sale compared to their present price. This will be our last holiday with the Mytravel group, last year with Airtours it took longer to get from Alicante airport to our hotel than our flight from Glasgow, some may be impressed that the company has made a turn around in financial terms but in customer satisfaction they are now bottom of my list. We would never have booked this holiday based on the flight times we now have and be warned they have the same early flights on sale for next year and a clause that states a major change must be 12 hours or more not 11hours and 55 minutes, as in our case . It`s time that the Office of Fair Trading or consumer protection had a long hard look at the package holiday industry and the endless stream of get out clauses they have, as we the customer are being duped by these companies all for the sake of shareholder profits. My Direct brochures now go straight in the bin and from the complaints on this site alone many will be doing just the same. I will now celebrate my birthday in Glasgow airport as I will not even be with our friends in Benidorm that day as we will probably not book in until early Sunday. Direct holidays are the package holiday equivalent of a second hand car salesman but at least you could go back and give him a punch in the mouth. To sum up we will never book early again as changes are more likely and you do not save an awful lot anyway and for couples you could probably book your holiday on DIY and save money, have you ever been quoted for an apartment and charged more because there are only two of you, yes, in every travel agents brochure.

Glynis, you say that as 14 days full board were paid for, 14 days full board will be received. Do you know where my son stands considering the fact he paid for 7 nights accommodation and will now only get 6 as his flight was delayed by 11 hours 45 mins, meaning he spent the first night at accommodation near the departure airport?He's due home from Corfu early hours Tuesday morning and am wondering where to start as regards to compensation. First choice say they don't pay compo if the delay is under 12 hours. Surely they are in breech of contract as they've only provided 6 noghts in resort accommodation. Can anyone advise please?

Ring Ros Fernihough, Travel Law Solicitor on 01922 621114 she will advise you exactly on your rights.

Kath HT Admin

Shirley H,

Kath's advice is perfect - ring Ros.

Last summer we were delayed by 14.5 hours flying Manchester to Florida (Sanford) with Travel City Direct (the Tour op.) and Excel (the carrier).

We checked-in at our accomm. at about 08:30 on the morning following the expected arrival date - we should have checked in at about 17:00.

We missed one night's accommodation and Ros successfuly wone one 14th of the ENTIRE holiday cost. She achieved this as we'd booked a package tour (she used the 1992 Package Tour and Travel Regulations - Regulation number 15 - clauses 1, 2 and 3 apply.

So, providing your son booked a PACKAGE (this would likely be the case if he booked a flight and accommodation via a Tour Operator) then he should be able to claim for one seventh of his entire package cost. There's also a £50 per passenger payment applicable for distress, inconvenience etc.

Don't be put-off by their claims of 12 hours or less does not warrant compensation - a court would likely think differently.

There's also the aspect of how your son was treated during this delay period prior to actual departure. The strengthened regaulations in EC261/2004 requires the carreir to provide meals and refreshments appropriate with the length of the delay and accommodation where this is warranted (although the latter was provided you state).

I would doubt that their provision in the UK of overnight accomm. due to the delay would negate their liability to pay one seventh of the package cost. The basic premise here is that your son paid for a product/service and the tour operator "is liable for the proper performance of the obligations under the contract".

Let us know the outcome Shirley.

Mike

Thanks Mike.

Nathan is due to land in Cardiff at around 5am tomorrow morning - barring any delay! I'll get all the details from him before ringing Ros. Does she just advise you or does she actually act for you? If she does everything what is her fee? I can't imagine she goes to all that trouble free of charge.

I'm quite good at writing letters myself but as I don't know anything about the laws of travel, don't know how much good my letter'll do.

Will keep you informed of my progress.

hi as i am a travel lawyer you have not got a leg to stand on. if you look at companies like direct holidays they dont have there own airlines. if a flight time gets changed it is the airline not the TO.

if your flight is delayed and you lose a night stay claim you insurance that is what it is there for under sections of curtailment and delayed departure.