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Package Travel Regulations advice

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  • Package Travel Regulations advice

    Hi all, newbie here.

    We have a custom once in a lifetime holiday booked, safari to Tanzania, we sorted out the safari accommodation way before the flights were available to book but expressed our favoured airline was Emirates for this trip. When the flights were available we requested Business Class flights with Emirates for the quality and the additional benefits (a chauffeur drive option to get us to and from the airport) and requested the flight times to include a 5 day stopover in Dubai on the return leg where we would sort accommodation. The travel agent was happy to quote and book these for us. We then paid for the flights though the travel agent, including a few extra transfers in Tanzania. We then paid the full balance in line with the terms. We have an itinerary from the travel agent that details the Emirates flights, times, and the 5 day stopover.

    Our holiday should be starting on the 13th June in a few weeks.

    Today they are saying if FCDO advice does not change then they cannot fly us out on Emirates as they would breach package travel regulations and we have the options to
    Cancel the emirates flights at a £2k loss to the price we paid for the flights and sort our own flights out to get to the safari
    Go with Ethiopian Air which they have reserved but we have to decide by tomorrow
    Go with BA or KLM which would incur extra costs to us (as I assume the prices have shot up due to the war)

    Our question is as any replacement airline is of lessar quality and a significant change to the package and we would also miss the 5 day stop over should this trigger the Package Travel Regulations refund option, and why are they not offering this to us?

    Clearly the FCDO advice might change then all is fine, but if not we'd like to know what our rights are as this is a significant amount of our life savings we're risking loosing if we make the wrong call.

    What advice could any of you give us, as we're getting desperate and worried what we've booked is not classed as a package, even 2 solicitor companies we've contact aren't interested in giving us advice and CAB are difficult to even get to speak to
    Last edited by CMA52; 30th April 2026, 21:50:PM.
    Tags: None

  • #2
    Hi CMA52

    Welcome to LB

    How did you pay?

    Comment


    • #3
      Initial deposit on credit card, then when we got the flights through that was on credit card and the remaining balance was by bank transfer

      Comment


      • #4
        You may terminate the package under regulation 11(5) - https://www.legislation.gov.uk/uksi/.../regulation/11. See also reg 11(8) in respect of your right to a full refund.



        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment


        • #5
          You paid by credit card (partial), you could make a Section 75 Claim. See if your credit card provider can provide options to get your trip back on track.

          https://www.citizensadvice.org.uk/co...edit-provider/

          Comment


          • #6
            Good summary is in the section "Tour operators’ right & obligations":

            https://www.dekachambers.com/2020/07...uture-holidays

            Comment


            • #7
              s75 claims arise when there is a breach of contract by the seller. No breach of contract has yet been described.
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Guides and handbooks for Litigants in Person - :

              https://legalbeagles.info/forums/for...60#post1701560

              Comment


              • #8
                Originally posted by atticus View Post
                s75 claims arise when there is a breach of contract by the seller. No breach of contract has yet been described.
                For certainty I would 'Go with BA or KLM which would incur extra costs to us (as I assume the prices have shot up due to the war), then lodge a Section 75 claim for the extra costs.

                You can't be left with 'if this or that happens etc'.

                Keep all the documentation to make your case. What are the actual extra costs?.

                Comment


                • #9
                  Originally posted by atticus View Post
                  s75 claims arise when there is a breach of contract by the seller. No breach of contract has yet been described.
                  Thanks for the info. If they refuse to budge and we don't accept the changes offered, when would this breach of contract arise? on the day on travel?

                  Comment


                  • #10
                    Originally posted by atticus View Post
                    You may terminate the package under regulation 11(5) - https://www.legislation.gov.uk/uksi/.../regulation/11. See also reg 11(8) in respect of your right to a full refund.

                    How close to the date of flight could we trigger the cancellation & refund. As hypothetically speaking a day before flight the FCDO advice might change so we could go, or a week before, or 2 weeks before. What is a reasonable amount of time to wait to cancel, given we really want to go if possible

                    Comment


                    • #11
                      If you 'go with BA or KLM' you have agreed to the change: no breach of contract.
                      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                      Guides and handbooks for Litigants in Person - :

                      https://legalbeagles.info/forums/for...60#post1701560

                      Comment


                      • #12
                        Reg 11(5) specifies that you must agree the variation or terminate within a reasonable period specified by the organiser.
                        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                        Guides and handbooks for Litigants in Person - :

                        https://legalbeagles.info/forums/for...60#post1701560

                        Comment


                        • #13
                          Originally posted by atticus View Post
                          If you 'go with BA or KLM' you have agreed to the change: no breach of contract.
                          Thanks, we would not be agreeing to those changes, so if they didn't agree to refund when would the contract breach happen for us to make a section 75 claim? On the date of the departure flight?

                          Comment


                          • #14
                            You will have seen that under regulation 11(8) the tour organiser must refund you in full within 14 days if you terminate under regulation 11(5).
                            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                            Guides and handbooks for Litigants in Person - :

                            https://legalbeagles.info/forums/for...60#post1701560

                            Comment

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