What to do if you've been affected by the XL collapse

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Replies

  • GazzaT wrote: »
    Hi All,

    My wife & I have been advesely affected by the XL collapse and would appreciate some advice as we were due to travel soon.

    We booked our holiday through travelrepublic.co.uk and they booked flights with Freedom Flights and Accomodation through Youtravel.com.

    Of course our flights are now invalid but our accomodation still exists.

    Our questions are:

    Will our credit card company have to refund the flights and accomodation costs, they were booked together but Travelrepublic say they are seperate bookings?

    If we book new flights, now costing over £400 each (originally £320 total) is the credit card company liable for the extra money spent?

    Is the travel agent Travelrepublic liable in any way as they say the bookings are seperate (in their email replies and their terms) but we booked the items together with them?

    Any help would be greatly appreciated as we are tearing our hair out trying to save our holiday.

    Kind regards,

    Gary & Ann

    A number of companies now do what is called "dynamic packaging" basically it means that the agent will book flights and accommodation with different companies. They are 2 bookings each made with a different company but you think it is a package.

    Doubt that Travel Republic are liable, they don't have an ATOL and it will be in their T&Cs that you agreed to at time of booking.

    Best thing really would be to speak to your credit card company and see if they will cover the extra flight costs and see where you stand regarding the accommodation. Agosto has given some very good advice so be ready to quote what he has said to the credit card company as it would seem a lot of them have the favourite first answer of NO!! Keep on at them and don't give up. Hope you get it sorted.
    :j Debt free since 31/01/08:j

  • roddydogsroddydogs Forumite
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    Most people wont have paid by Credit Card cause of the 2% rule.
  • agosto,
    I booked diret with xl using a visa debit card and think I MGHT be covered under the chargeback scheme for the cost of my flights. I paid £328.50 from Glasgow and there is no alternative from Glasgow. I already have a seperate inbound flight so if I don't go I'll lose that money. I have other much more expensve options from Manchester on the same date or a couple of days later. Can you tell me how I go about claiming for the difference in cost of the flights havng paid by debit card as per your post. thanks Peter
  • hollydayshollydays Forumite
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    roddydogs wrote: »
    Has the whole of KOSMAR holidays gone bust?


    I thought kosmar just used xl for flights,and if you could get to your accomodation it wouls still be available.
  • irvipj wrote: »
    agosto,
    I booked diret with xl using a visa debit card and think I MGHT be covered under the chargeback scheme for the cost of my flights. I paid £328.50 from Glasgow and there is no alternative from Glasgow. I already have a seperate inbound flight so if I don't go I'll lose that money. I have other much more expensve options from Manchester on the same date or a couple of days later. Can you tell me how I go about claiming for the difference in cost of the flights havng paid by debit card as per your post. thanks Peter


    I will find the thread and relevant posts for when the flight company Oasis went bust. Loads of us all went through what a lot of you are going through now, me included.

    It should help, with so many people having already trodden this route. I don't like to see people having to go through all this again, but doubtless this happens time after time. I know the CCC have to try and protect themselves by fobbing off where possible, but I also know the heartache it can cause for the individual.
  • This is what happened with my claim when Oasis airline went into liquidation.

    I rang the call centre of the Credit Card Company to say that the airline had gone bust and the ‘boy’ told me I would have to wait for the outcome of the liquidation before they could do anything..

    Ignoring his advice, I then sent an email to the CCC from my on-line account to say I was making a claim.

    They replied by saying that they would look into it, but thought they were probably not liable.

    By this time, I was looking on the Money Saving Expert forum, and was told that they were absolutely liable under section 75b.

    I told them this and they eventually agreed.

    I then told them (nicely, I must stress) that they were also liable to pay the difference for the new flights.

    The very nice lady at Beneficial said they weren’t. In fact, she went as far as to say that she worked all day dealing with section 75b, and she was knew for a fact that they weren’t liable.

    But she said she would ask her legal department.

    The legal department said they didn’t have to pay it.

    Still taking advice from the forum, I told her that in that case the ombudsman required a letter stating this (it has a special name which I would need to look up, but it is something like a ‘statement of termination.’).

    And hey presto, they paid up with the proviso that they didn’t have to but out of the kindness ….. etc.

    And everyone from every CCC got paid from their visa companies and I think debit card payers too.

    So Peter and everyone else, get writing, ringing, etc., and keep at it.

    If you want to read the other thread to see how other people got along search ‘Oasis Hong Kong’ on the forums. It is 50 pages long, so plenty of info from all sorts of people in all sorts of situations.
  • agosto,
    Thanks for your help on this but from what I can see I'm only eligible to claim a chargeback as the debit card is not covered under sec 75 of the cca, unless anyone else out there knows different?
    regards
    Peter
  • FleagoFleago Forumite
    1.2K Posts
    hollydays wrote: »
    I thought kosmar just used xl for flights,and if you could get to your accomodation it wouls still be available.

    No, Kosmar is part of XL Leisure, and therefore it has gone bust. We had a holiday booked with them for next year and our Travel Agent phoned on Friday to say that our holiday was involved and that they are sending us the claim forms to get our deposit back.

    Fortunately, I managed to rebook yesterday for the same resort, flying on the same day as originally planned, with a different tour operator, but it was £200 more expensive than our original holiday.

    I realise that we are lucky ones in this whole debacle as we have not lost out financially, bar having to pay a bit more, and that it was far enough in the future for us to be able to rearrange easily. But my heart goes out to those who have lost all of their money, or who can't get or afford anything else in time to go on holiday, the staff affected who have lost their jobs and the people in the resorts who might not now get paid for accomodation provided and will have no tourists coming to provide revenue for them.
  • irvipj wrote: »
    agosto,
    Thanks for your help on this but from what I can see I'm only eligible to claim a chargeback as the debit card is not covered under sec 75 of the cca, unless anyone else out there knows different?
    regards
    Peter

    Sorry peter, but from what i can see, that is the case. But I suggest you plough on. I hope someone can find out different and you can get replacement flights.
    Maybe have a look at this.
    http://news.bbc.co.uk/2/hi/programmes/working_lunch/7347146.stm which tells you that you are entitled to cash back.
  • To those of you who paid by credit card, the following applies to you.

    This is a copy of response from Consumer Direct : (which is a copy of a post I dug out from the forum when the Oasis airline went into liquidation)

    ‘ Your rights against Oasis would lie under the Supply of Goods and Services Act (1982). You would be able to suggest that the trader is in breach of contract as you had not received the full service for which you paid. In this case, you would be entitled to pursue a refund of the service that you had not used. The law also allows you to claim reimbursement for reasonable and prove-able out-of-pocket expenses incurred as a result of the breach of contract; this means that you would be able to request compensation for the difference in cost between the original and replacement flights you have had to purchase. Any breach of contract should be rectified within a reasonable time, and with minimal inconvenience to you.’

    In English Law , the trader should put you in the same position as they would have been in but for the breach of contact.

    End of post.

    And to all, don't despair. Get busy.
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