Travel firm abandons couple in India because they 'hadn't booked a package deal'

Travellers buying what appears to be a package holiday from a leading travel agent and member of Abta may not be protected if something goes wrong with their booking.

The stark warning comes after STA Travel, the parent company of Bridge the World, refused to financially assist a couple whose itinerary collapsed due to a delayed Air India flight, costing them £2,900.

Kenny and Nicolette Gower of London booked a holiday in Kerala, southern India, through the Leeds-based agent Bridge the World.

The outbound flights and the main part of the holiday, an adventure trip, went without a hitch.

But the Air India domestic flight back from Cochin to Mumbai was delayed by a global failure of Air India's IT network. As a result, the couple missed their British Airways departure to London.

Because Bridge the World had arranged the plane tickets in two separate bookings, one for each airline, neither Air India nor BA was liable for arranging a replacement flight free of charge.

Mr and Mrs Gower’s son and daughter contacted Bridge The World but the company could not find an alternative flight.

As a result they found themselves stuck at Mumbai airport having to fend for themselves.

The collapse of Jet Airways meant short-notice flights to Europe were scarce and expensive. Eventually Mr Gower’s father paid for tickets on Air France to Paris, costing £2,300.

“We reached Charles de Gaulle airport on Sunday morning, where I then paid cash for flights to Exeter with Flybe,” said Mr Gower. “We then bought train tickets to London, getting home 24 hours later.”

After their nightmare journey, they were exhausted and £2,900 out of pocket.

Under the Package Travel Regulations 1992, which prevailed when the booking was made, a pre-arranged combination of transport and accommodation, sold at an inclusive price, is a package. Consumer law stipulates that a travel firm providing a package is responsible for the damage caused by any failure by its suppliers, such as the consequences of a delayed flight.

Mr Gower bought the flights and tour – comprising accommodation, transport and sightseeing – in a single transaction, with a single price.​ The booking appears to meet all the criteria for a package, and at no state were they warned it was not a package.

He was also given an Atol certificate. While all package holidays by air are Atol protected, an Atol certificate does not guarantee that travel arrangements constitute a package. But the document issued by Bridge the World states that the contract was a “package sale”. The itinerary is spelled out under the heading “Package Confirmation”, and the price is quoted as “Total for Package”.

Yet Bridge the World insists: “All the products he booked were separate and each had their own prices and terms and conditions, this was not a package booking.

“Therefore, Bridge the World was never liable to get him home under these regulations.”

The company adds: “Bridge the World did however try to assist Mr Gower. They submitted a complaint to Air India on his behalf, as it was the delay of the Air India flight which resulted in Mr Gower being registered as a no-show by British Airways, who were unable to assist him.”

The prospects of an Indian carrier paying almost £3,000 for a delay on a domestic flight costing less than £50 looks implausible.

The Independent has sought clarification from Abta, the travel association, of which Bridge the World is a member, about how customers can tell whether or not they have bought a package.

Bridge The World is continuing to investigate the issue.