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Trip Planning Florida Florida Holiday Planning Questions, Suggestions and Tips. |
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7 Jun 20, 01:43 PM |
#1
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Apprentice Imagineer
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Significant changes
We have a deposit paid with a TA for a package for onsite at Disney
Direct flights with Norwegian 14 nights CSR with dining plan Our balance is due this week. With the changes to park hours, pre-booking park visits, no parades, no magic houses, no 60 fast pass perks and the thought of wearing mask in park at parks and resorts. There is also the QSDP cancellation rumour (yet to be confirmed for uk guests) and now that NBA will be taking over CSR. We are also aware that our Norwegian flights are grounded but they will put us on BA flights at no extra charge. I have chased TA for this info, they haven’t been proactive back. We feel the experience we booked is significant and don’t want to go with these restrictions. I’m expecting a battle to get a refund from the TA. Are we in our rights to demand this? |
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7 Jun 20, 02:09 PM |
#2
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Apprentice Imagineer
Join Date: Mar 02
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Think if the disney hotel changes or free DDP is taken away that must be a significant change in the holiday. I would think you would be able to cancel. Have they said when the info about the disney hotel is available?
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8 Jun 20, 06:47 AM |
#3
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Thread Starter
Apprentice Imagineer
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They haven’t unfortunately. You don’t think the other changes are fundamentally enough to warrant a cancellation refund?
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8 Jun 20, 07:55 AM |
#4
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Very Serious Dibber
Join Date: May 08
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Defo a significant change under the Package Travel regulations. So entitled to full refund.
They have to provide the services as purchased. If they can't then they have to offer a refund. Edited at 07:57 AM. |
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8 Jun 20, 08:02 AM |
#5
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Thread Starter
Apprentice Imagineer
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Cheers Steve, I’ve just read up on this via the ABTA website and it’s exactly the info I need. 👍
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8 Jun 20, 08:03 AM |
#6
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Imagineer
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If they can’t or won’t supply the service they sold to you, think about going down the s75 route with your credit card supplier.
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8 Jun 20, 08:16 AM |
#7
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Imagineer
Join Date: Jun 16
Location: God's Own Country
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A dining plan is very, very likely a significant change if taken away- the regulations even refer to meals as being significant.
If they won’t refund if you want a refund and you have a package, give them notice that you demand a refund within 14 days pursuant to the Package Travel and Linked Travel Arrangements Regulations 2018. If they fail to do it, immediately go along the chargeback/ S75 route. If it’s just the change in park hours, face masks etc, and the dining plan is back on, then that is possibly not enough of a major change, but it would depend on how it was sold to you.
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Edited at 08:19 AM. |
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8 Jun 20, 08:17 AM |
#8
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Apprentice Imagineer
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For the dining it is definitely a significant change and clearly cover by the packaged travel regulations. For the park changes I doubt it. For a start I suspect even if sold together a lot of travel agents sell tickets as extras rather than as part of the package so they may not be covered or expressly excluded. You’ll need to read the small print very carefully, and if they claim this and stick by it you’d need to lodge a formal complaint to contest it. That might solve your issue but it’s not going to be a quick solution. Secondly, it will be easy for them to argue if they want to and need to that the service is still available all be it with changes but as the service is essentially still available it’s not a significant change.
Even though no specific UK announcement has been made Disney have said all dining plans are cancelled so you could argue that is sufficient to constitute a significant change. Ultimately until you go through a formal complaint process you are always relying to some extent on the “goodwill” of the agents. Just beware going down the S75/chargeback route, at least too soon. If they want to argue it and have grounds such as I’ve suggested they might have if they contest it even if the money is returned to you by the CCC it can still be taken back latter and without any warning, and they can argue breach of contract against you. Edited at 08:22 AM. |
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8 Jun 20, 08:32 AM |
#9
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Thread Starter
Apprentice Imagineer
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Thanks for the further comments.
In my option, even if the dining plan is still on, the whole Disney experience is not I expected. Pre booking which park to attend and limited attendance and only one park a day Reduced park hours Not being able to choose fast passes 60 days out Face masks at parks and resorts Limited park transportation No parades or character meets I’ve seen another thread regarding flight changes and that mine have changed from Norwegian to BA Or am I just clutching at straws? Time is against me as balance has to be paid by this Thursday. We have, due to the restrictions have already decided we aren’t going so it’s just a case of getting a refund of the deposit. Worse case is that we lose the deposit, but no one likes losing their hard earned right ? As mentioned before, the TA hasn’t been keeping me informed of what’s going on, it’s only been me contacting them. I think I’m going to sit tight till Wednesday to see if there’s more news regarding CSR and QSDP |
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8 Jun 20, 12:19 PM |
#10
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Imagineer
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I've seen people try the whole "significant changes" approach with Virgin. Virgin's argument is that removal of the dining plan is not a significant change. The booking was for room-only with an added perk/booking incentive of getting the dining plan for free. The removal of a perk is not a significant change; you are still getting the room-only hotel you paid for.
There's no legal definition of what constitutes a "significant change" and, unfortunately, it is a legal grey area. Usually it means something like moving you to a different resort to the one you booked. Note that it says "resort" and not "hotel"; moving to a different equivalent hotel in the same resort may not be considered "significant". Therefore, the TA could argue the removal of a free perk/booking incentive does not constitute a significant change. If you believe differently, then you would need to raise a complaint with the company and take your complaint up with the likes of ABTA. Instead, might I suggest trying the "Extraordinary Circumstances" route? If there are exceptional circumstances - such as, say, a serious virus - then you can claim your money back with a full refund. The package travel regulations state the following (here): "In the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and which significantly affect— (a)the performance of the package, or (b)the carriage of passengers to the destination, the traveller may terminate the package travel contract before the start of the package without paying any termination fee". I would argue that the coronavirus is an "extraordinary circumstance" (the FCO has even issued an "exceptional travel advisory notice") and the changes Disney is making due to this will significantly affect the performance of the package. Therefore the OP should be able to cancel their contract without any termination fee.
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DLC: Jun 1996 // DLP: Aug 2013 // WDW: Dec 1997 | Feb 2000 | Mar 2001 | Feb 2006 | Oct 2010 | May 2012 | Aug 2014 | Apr 2016 | Apr 2023
~ Trip Report Indexes ~ Edited at 12:35 PM. |
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