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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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My question is about contract law and the travel industry.

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My question is about contract law and the travel industry.
If I book a package holiday with long-haul flights in business class (so that I can sleep properly on the seat that converts to a bed, and would not undertake the trip without that provision), is there a way I could protect myself in booking the package holiday and not merely taking on the terms and conditions of the airline, as specified in the T&C of the holiday company, which allow downgrading?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello do you mean is there a way to guarantee that you will not be downgraded regardless of what the booking terms say?
Customer: replied 1 year ago.
Yes disallow being downgraded or if not being able to withdraw from the holiday contract without forfeit.
Expert:  Ben Jones replied 1 year ago.
Such a thing would only really be possible if the terms of the booking allow it. So if you want to guarantee not being downgraded or be able to terminate the contract with no penalty in the event of a downgrade, you will have to ensure that the terms specifically state that. If they do not, or if they allow the carrier to downgrade you then you will be bound by these terms. This is a service contract and as such you will be booking under its terms. The carrier has the right to include such terms if they want to – if you are unhappy with them then you simply do not book with that carrier and would search for one whose terms you are happy to book with. If no carriers have the terms you are after then I am afraid you will have to find the ones which are most favourable to you. The law will only cover you in terms of compensation in the event of a downgrade. You can find these here: http://www.airpassengerrights.eu/en/updown-grading.html I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thanks for that. So to be clear being downgraded and not being provided with what one has paid for would not be an alteration to the essential part of the contract?
Expert:  Ben Jones replied 1 year ago.
It very much depends on what was in the terms - if this was allowed, then the carrier will simply be working as per the terms you had agreed on so this would not be seen as a serious alteration because it is allowed.
Customer: replied 1 year ago.
One last question, doesn't the Package Travel Regulations provide any protection in this scenario?
Expert:  Ben Jones replied 1 year ago.
It does but to an extent that there were changes which were not specifically covered by the contract. So unexpected changes which were not covered, etc. You do get quite good protection under them but they will be applied in conjunction with what is in the contract
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