Colin If I were you I'd give Ros Fernihough a ring, she is a travel law solicitor her number is TEL. NO. 0845 2262332 (local) or 01922 621114 . She will offer you some advice on what your best option is.

Sarah

Sarah,
Thanks for the prompt reply!! I will contact Ros on Monday.

Thanks
Colin

The quote below is extracted from the ABTA Code of Conduct document on the web and copyright is acknowledged.

2.2 Significant Alterations to Travel Arrangements by Principals
(i) Except for reasons of force majeure, a Principal shall not make a significant alteration to
previously confirmed Travel Arrangements unless he does so in time to inform agents and direct
Clients not less than 14 days before the departure date of the Travel Arrangements.
(ii) Notwithstanding Clause 2.2(i), if a Principal makes a significant alteration to previously confirmed
Travel Arrangements for reasons other than force majeure on or after the balance due date, the
Principal shall, in addition to the requirements of Clause 2(iii) below, also offer Clients reasonable
compensation. Such compensation may be offered in accordance with a rising scale of payments
calculated so that the nearer to the time of departure that the alteration occurs, the higher the level
of compensation to be paid.
(iii) If a Principal makes a significant alteration to previously confirmed Travel Arrangements he shall
inform Retailers and direct Clients without delay and shall offer Clients the choice of either:
(i) accepting the alteration; or
(ii) cancelling the Travel Arrangements and receiving a full refund of all monies paid. Such
refund shall be sent to Retailers and direct Clients within 10 days of receipt of the
notification to cancel; or
(iii) alternative Travel Arrangements of comparable standard, if available

.

The "principal" is the tour operator.

The agent should be able to confirm, in conjunction with the T.O. exactly when the T.O. made the "significant" changes and when the agent was informed of such.

You state that only days before departure you received paperwork confirming the original booking (and presumably, detailing the resort, hotel name etc.). I hope you still have that paperwork.

If, as appears in the first instance, your agent failed to pass on the T.O.'s major change then you should pursue the Agent for any claim. If the T.O. can be found not to have informed the Agent then the claim would be against the T.O.

When did you pay the final balance ?

Seems to me that if you paid the final balance BEFORE the T.O. changed arrangements then the T.O. should have sought your agreement to such (via the agent) and should have systems in place to ensure they receive such. However, if the T.O. made the major changes before your final balance was paid this again places blame upon the agent's shoulders.

I think this hinges upon determing the timing of the major change implemented by the T.O. and obtaining an explanation from the agent as to why they have failed to react to such and, more importantly, failed to liaise with you AFTER you complained in resort. Of course, the rep might have failed to contact your agent although told you they had.

Mike