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Travel firm agrees to compensate couple who lost £2,900 because they hadn't 'booked a package'

‘Bridge the World will be offering the Gowers a full refund for the alternative flights purchased and sincerely apologises for any inconvenience and upset caused’

Simon Calder
Travel Correspondent
Friday 03 May 2019 10:04 EDT
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Distant dreams: tourists in Cochin, Kerala, where the Gowers' nightmare journey home began
Distant dreams: tourists in Cochin, Kerala, where the Gowers' nightmare journey home began

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The travel firm that left a couple stranded in India after a delayed flight has now admitted it should have looked after them – and will be refunding almost £3,000 in extra costs.

Kenny and Nicolette Gower, from London, bought a package – comprising flights to India and an overland adventure tour in Kerala – from Bridge the World, part of STA Travel.

On the return journey, an IT failure delayed their Air India flight from Cochin to Mumbai and they missed the British Airways connection to Heathrow.

They finally arrived home 24 hours late after spending £2,900 to fly via Paris and Exeter.

Had Bridge the World accepted that they couple were on a package holiday, it would have had to make arrangements to fly them home. Instead, the travel firm merely offered to help claim recompense from Air India, saying: “As travel agents we do all we can to follow the complaint guidelines put in place by our governing bodies.

“Unfortunately airlines are not members of the same association and operate to differing service standards.”

When Mr Gower contacted The Independent, he was advised that he appeared to have bought a package as defined by the Package Travel Regulations 1992, and therefore should be entitled to a refund.

But Bridge the World told him: “As the booking was made prior to 1 July 2018 the package travel directive is not applicable.”

The Independent then sought clarification from Bridge the World, pointing out that Mr Gower bought the flights and tour – comprising accommodation, transport and sightseeing – in a single transaction, with a single price.

Furthermore, his Atol certificate stated that the contract was a “package sale”. The itinerary was spelled out under the heading “Package Confirmation”. And the price was quoted as “Total for Package”.

But the travel firm insisted: “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 travel firm has now changed its mind, saying: “Bridge the World has carefully investigated the situation involving the Gowers and the issues they experienced on their return from Kerala.

“This is an extremely rare situation and one that had to be carefully scrutinised.

“After reviewing all the details, Bridge the World can confirm that the holiday sold was a package, not individually sold as a tour and flights as previously thought.

“As a matter of urgency, Bridge the World is contacting the Gowers to apologise and offer a full refund for the additional tickets and costs incurred.

“Bridge the World sincerely apologises for any inconvenience and upset caused.”

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Mr Gower said: “No amount of money can compensate on how isolated and alone we both felt at the time, but getting a full refund will hopefully close this nightmare and help us move on.”

A leading travel lawyer, Clare Campbell of Leigh Day, said: “I’m delighted to hear that Bridge the World have reconsidered their position and offered the Gowers a full refund. But it’s disgraceful that they had to go to such lengths to get them to change their mind.

“The stance previously taken by the firm was clearly incorrect as the booking documentation showed that a package holiday had in fact been purchased.

“I think this is a clear message to holidaymakers to not always take the holiday company’s first decision as the correct decision and to, where possible, seek specialist legal advice.”

Bridge the World said that such a case could not arise again. A change in the Package Travel Regulations in July 2018 means that all similar bookings will automatically qualify as a package holiday.

“The company will of course adhere to the resulting regulations,” it said.

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