Travel Company and airport transfers as part of package

[LoneTrav]

I have booked a group tour holiday, as a package with a well known travel company for single travellers. This package, leaving in Sept 2025 which is now fully paid, includes flights, transfers, accommodation and tours whilst abroad. As I'm travelling from Scotland i requested the company researched alternative flights to the destination (Italy) that would negate the need for me to transit through Heathrow, where the "group" flight originates from - the company were happy to do this as they advertise "regional flights" available.
A month after paying the balance owing on the holiday, they have phoned to say that the group flight times have been changed by the carrier, and as my flights no longer coincide, they can't accommodate me in the group transfer. They would however, be able to arrange my transfer, at a cost of £82 for each transfer (ie total £164). On questioning the need for me to pay for this element of my holiday once again, they have stated that they can't do a refund, and despite my email request to therefore provide an alternative, at their expense, they continue to stone-wall me.
Am I right in thinking that, as part of the package, they should be transferring me from A to B and back at no further cost, despite the bulk of the group doing so at a different time. If so, is there any legislation i could quote for a starter? The company is ATOL registered but not ABTA

[efpom]

My understanding is that you contracted for “flights, transfers, accommodation and 'in country' tours at a fixed price that you have paid.

My view is that you are entitled, under that contract, to get what you have already paid for.

You, –a "“traveller"” have contracted with the “trader” the travel company, as you describe it, for carriage on a certain flight operator. Those others have contracted with that “trader” for carriage on a different flight operator from and to a different airport.

The flight operator of those others has changed its arrival and departure times at the destination airport in Italy.

Because of that, the “"trader"” now demands more money from you for your transfers to and from your accommodation in Italy to that destination airport.

In my view, the travel company is not lawfully entitled to make such a demand and by making it is now in anticipatory breach of contract. ( Please google that.)

That leaves you with two choices:
a) To treat the contract as void and sue for damages for the loss caused by the breach -– here your loss of enjoyment of your holiday
or:
b) Put the travel company on notice that if it does not supply the transfers to and from your accommodation at no extra cost and in conjunction with your flight arrival and departure times you will arrange your own transfers and sue it for the return of the monies you already paid to it for those transfers, your cost in arranging your own transfers and your consequential distress and inconvenience in having to doing so.

I would address that notice to its chief executive.

The Package Travel and Linked Travel Arrangements Regulations 2018 import implied terms into a contract such as yours. Those terms cannot be modified and supersede any written terms of contract.

The Regulations may be found here: https://www.legislation.gov.uk/uksi/2018/634/contents

My writing in inverted commas refers to the descriptions in the Regulations.

[LoneTrav]

My understanding is that you contracted for “flights, transfers, accommodation and 'in country' tours at a fixed price that you have paid.

My view is that you are entitled, under that contract, to get what you have already paid for.

You, –a "“traveller"” have contracted with the “trader” the travel company, as you describe it, for carriage on a certain flight operator. Those others have contracted with that “trader” for carriage on a different flight operator from and to a different airport.

The flight operator of those others has changed its arrival and departure times at the destination airport in Italy.

Because of that, the “"trader"” now demands more money from you for your transfers to and from your accommodation in Italy to that destination airport.

In my view, the travel company is not lawfully entitled to make such a demand and by making it is now in anticipatory breach of contract. ( Please google that.)

That leaves you with two choices:
a) To treat the contract as void and sue for damages for the loss caused by the breach -– here your loss of enjoyment of your holiday
or:
b) Put the travel company on notice that if it does not supply the transfers to and from your accommodation at no extra cost and in conjunction with your flight arrival and departure times you will arrange your own transfers and sue it for the return of the monies you already paid to it for those transfers, your cost in arranging your own transfers and your consequential distress and inconvenience in having to doing so.

I would address that notice to its chief executive.

The Package Travel and Linked Travel Arrangements Regulations 2018 import implied terms into a contract such as yours. Those terms cannot be modified and supersede any written terms of contract.

The Regulations may be found here: https://www.legislation.gov.uk/uksi/2018/634/contents

My writing in inverted commas refers to the descriptions in the Regulations.

Thank you EFPOM for the supportive response to my question about airport transfers. I've been thinking about my next step as the company is still sticking to "no refund of transfers payment", but before I use your advice to compose my next communication with them, could I ask if the situation with the Legislation you quoted is (or not) affected by the company's Terms and Conditions, which states -

"Airport transfers included

We include transfers on many of our holidays, including where a regional flight has been booked as part of your package. Please note this transfer may be on your own, with another Solos customer or as a shuttle with non-Solos customers. On occasion, it may be necessary to wait for other passengers before the transfer departs. If you are taking your own flights (see land only) or we have booked a direct regional flight for you that has not been included in the package, you will have the choice, where possible, of joining the Solos group transfer or booking a separate transfer (at an additional cost). It is important to note that we are unable to accept responsibility for missed transfers due to flight delays or any other circumstances beyond our control, such as schedule changes. If these changes result in the need for you to have a separate transfer, these costs will be passed on to you."

I assume the last sentence is the most pertinent? And in your opinion does that negate my ability to pursue the matter by Quoting the Legislation?

[atticus]

Did you pay by credit card? If so, you may have a claim under s75 Consumer Credit Act 1974.

[efpom]

My answer is “NO.”
As I stated earlier “The Package Travel and Linked Travel Arrangements Regulations 2018 import implied terms into a contract such as yours. Those terms cannot be modified and supersede any written terms of contract.”

I may say that if even if The Package Travel and Linked Travel Arrangements Regulations 2018 did not exist, the section of the clause “It is important to note that we are unable to accept responsibility for missed transfers due to flight delays or any other circumstances beyond our control, such as schedule changes. If these changes result in the need for you to have a separate transfer, these costs will be passed on to you." would fall away because there has been no schedule change to your flight.