Hello my name is ***** ***** I will help you with this.
Did you book a package holiday or flights and hotel separate please?
Did you have travel insurance?
The tour was a package including flights and hotels.
We have travel insurance
Ok - did you try claiming on the travel insurance?
On what basis do the tour operator say it falls out of the regulations?
We did not claim on travel insurance. The tour operator - Great rail Journeys (GRJ) - wrote to all those on the tour saying " We would advise that any other claim would normally fall to us as Tour Operator to take forward with the supplier, uniquely under the terms of the Denied Boarding Regulations, the claim and subsequent payment are between those directly affected, i.e. yourselves and the airline concerned."
Well sadly your contract is not with the Airline, it is with the tour operator. Therefore any claim should be against them. I assume you know the specific sum you want to claim? if so the process it outlined below.
You need to write and set out your losses and request the compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?