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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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hi purchased a holiday on 28.10.13 to florida, flights where

Resolved Question:

purchased a holiday on 28.10.13 to florida, flights where with a fuel stop, we paid remainder for holiday on 12.05.14, it turns out now the flight is a connecting flight we contacted travel agent and they told us last friday it was a fuel stop and would email us tickets, nothing appearing we rang monday and they admit it is a change in flight we asked for what we purchased a fuel stop they now tell us we will loose £3000 and incur charges for new flight which is another £5000.00 all this due to a mistake they made and not us where do we stand on refund and damages to pay for a new holiday now at this late stage being alot more money.

many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Was it originally scheduled as a fuel stop please?

yes it was

Alex Watts : Ok. According to the holiday operator does this count as a major change please?

yes our travel agent says it is, but the airline have sent schedule changes to our travel agent which they have approved without our knowledge in the past, we contacted us airlines direct and this flight has always been a connecting flight,


I am in receipt of the email Martin Young sent through on 22/05/14. As you are the lead passenger on this booking legally we are only able to talk to you and take your instruction with regards XXXXX XXXXX required moving forward. Your contract is with Jetset flights, All of American and Avis car hire, with Waltham Travel travel being the booking agent. When your holiday was initially discussed you told Amy that Stephanie had found these US Airways flights via the internet. We had given several alternatives along with direct flight costs, however you decided to go with the US Airways flights which we were able to book for you. You were all aware at the time of booking that the flights had a stop in Philidelphia, as a group you decided to book the US Airways flights.
Waltham Travel has seeked legal advise and have complied with the airline contract and therefore accept no liability. We believe that this change of aircraft has no detrimental affect on your holiday. We also hold no liability for your own hotel booking at Manchester Airport.
However we feel we have tried to accomodate all your needs throughout the enquiry including advising you of the costs to pre book seats specifically taking into account that Mrs Young suffers with anxiety and depression. We have been in contact with Jetset Flights Area Mangager Paul Molyneux, who has in turn been in daily talks with US Airways to see what he could do. As you are aware by cancelling this holiday the airline would charge 100% cancellation fees.
This morning Paul rang to say that the airline has responded and sympathise with Mrs S Young and as a gesture of good will they will allow these flights to be cancelled at a £50 per person cancellation fee. We have also contacted All of America and Avis Car hire who hold your bookings for the villa and the car rentals. We have mananged to get these cancellation fees reduced to £80 for the car rentals and £250 for the Villa rental. Making the total loss incurred by you for cancelation of the above booking to Orlando to be £830.
We will be able to refund your travel insurance in full and will action this on your confirmation of cancelation, which must be received by 3pm this afternoon. Failure to do so will result in 100% cancelation charges being applied to all aspects of your holiday as per the booking conditions. On receipt of confirmation of your cancelation the refund of £10423.00 will paid directly to you.


i have just recieved this letter from the travel agent themselves, they told us it was afuel stop not a connecting flight how can this be

Alex Watts : If it is a major change what do your holiday terms say bout that please?

they sent us no terms and conditions sheet

Alex Watts : How did you book it?

we booked over the phone

Alex Watts : Ok. You found the flights over the Internet?

nothey booked the flights and said it was a fuel stop, but gave us no infoamtion other thats it flew from manchester from terminal 3, i did research and found the flight was a connection flight not a refuel but waltham travel booked the flight and holiday


it was from all there information i investigated and found they were lyin to us


sorry i am not very good at this

Alex Watts : Do you have anything in writing from them confirming it was a fuel stop only?

no nothing just flight times on a letterhead from them and telphone conversation stating fuel stop

Alex Watts : In terms of extra journey time how long is it please?

an extra we have not been given that information but my results show 3hrs 45 min extra air travel

Alex Watts : you are flying from where to wherea.
Alex Watts : And where was the fuel stopped planned please?

from manchester airport to orlando


and the planned fuel stop in phillidelphia

Alex Watts : ok. What did you think the flight time would be?

around 9 hours

Alex Watts : its never going to be 9 hours. Even direct it's about 9hours 30 min.
Alex Watts : With a fuel stop you can add an extra 2 hours on generally because it a longer flight route anyway and the time landing, unloading, waiting for fuel, loading, taxi and take off.

oh right well we have no information at all about length and never been before

Alex Watts : Ok. I only know because I have been a few times.
Alex Watts : So in reality you are probably adding 1 hour 45 min to the journey.
Alex Watts : If I am being honest you could try and pursue this legally but for less than 2 hours travel it really is not worth it.
Alex Watts : There is no point having stress about what should be a great time.
Alex Watts : Orlando is great and I promise you will enjoy it,

but it is a plane change totally at philly

Alex Watts : Yes but you don't need to worry about that. Your bags will be checked through you just have to change aircraft.

right ok so legally we cant do anything there not in breach at all

Alex Watts : It really does break up the journey.
Alex Watts : Its all about properiotnaility. Do you really want to claim £5000 for less than 2 hours?
Alex Watts : You would have to
Alex Watts : prove they told you it was fuel stop
Alex Watts : They said they always said it was via
Alex Watts : You don't have it in writing, it was only verbal.
Alex Watts : This causes you difficulty.
Alex Watts : You wouldn't be able to cance and c
Alex Watts : Cancel and claim the whole holiday for 2 hours.
Alex Watts : You may get £500 back but that would be it.

ok will except the part refund i suffer with panic attacks and on medication to travel i cant cope with plane change they knew from the outset its just very unfair they can lie and take our money, but thanks for all your help it have been very helpful

Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this?
Alex Watts : Remember to say hello to Micky for me.

no i totally understand, thanks for your help we cant afford the extra to go now so hey ho

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help:

many thanks alex.

Alex Watts :

Thank you.

Alex Watts :

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Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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