holiday problems

crazyhaggid

I purchased a holiday from lowcostholidays, less than two weeks before departure they changed the type of accommodation from self catering to non self catering in all but name by removing all cooking appliances from the room except the cooker, the alternative apartments with self catering they then offered where rated terrible on tripadvisor. I told them they had breached our contract and after a couple of phones calls they agreed a refund.

However I then discovered they had only refunded the accommodation and not the flights, they said they wouldn't do this as I had booked the flights direct. I argued with this as the flights were booked with Ryanair. At no time during the booking on the lowcostholiday's website was I told who my flights would be with, especially as if I'd known they were with Ryanair I wouldn't have booked them!

I only made one booking for the holiday with lowcostholidays through their website, I'm assuming they then passed my credit card details onto Ryanair. At no point was I forwarded to the Ryanair website to book the flights I simply booked a holiday through the lowcostholiday website. They are claiming that they act as agents and therefore wash their hands of everything.

So I'd like to know if legally my booking with Ryanair via lowcostholidays would be classed as direct or via an agent.

I’ve tried to ask them directly via letter how Ryanair got my credit card details but they just ignore my questions and reply with ‘we’re agents and it’s nothing to do with us’.

I think my only option is to take them to the small claims but for what, I was thinking I have two reasons:

1. I booked an entire holiday with them and they let me down by not providing accommodation as promised
2. Because they could not provide the accommodation as promised I was left with flights that departed in less than two weeks and I couldn't’ find any alternative accommodation at such short notice

Also what right do I have to demand they answer questions in advance of the small claims action, given that they take two months to ignore my letters and simply reply ‘we’re agents’

paddyrg

lowcostholidays.com has been around for 6 years and well over 1 million people have travelled with us. We are backed by one of the UK’s most stable banks, and have been members of ABTA since our launch and offer ATOL protection.

I would try ABTA see what they say, I suspect right is on your side as you booked a package and the package is indivisible

crazyhaggid

Don't you have to pay ABTA a fee? Doubt they would find in my favour as lowcostholidays keep quoting their terms and conditions which state 'we are agents'. I think ABTA will just take this as written and dismiss my claim.

Hintza

Keep the flights and try and book your own accommodation?

crazyhaggid

that was part of the problem as they changed the accommodation less than two weeks before departure in the middle of the peak season I couldn't find anything where else that decent within my budget.

pinkshoes

You booked it as a package, and as they couldn't provide what you paid for, they need to now give you a full refund.

Send them a 'letter before action'. Their T&Cs can say what they like, but your consumer statutory rights over-rule them.

zaax

They are acting as travel agents and you need to go to ATOL - a package is a package.

mandi

Hello crazyhaggid

If you look on Low Cost Holidays website they say ,

"Cheap holidays with lowcostholidays.com

At lowcostholidays.com we don't believe in package holidays, instead we tailor each of our cheap holidays to your needs. Whether you're looking to book cheap all inclusive family holidays, city breaks or late holiday deals on a budget, we have an excellent range of cheap hotels and flights to make your 2013 holiday perfect."

This is called a dynamic package.


What this means is that the all the components ie the flights accommodation etc are sourced individually but shown as one price giving the impression that it is a "package" holiday . The important part is if you booked the holiday thinking you had booked a package then it is a package.

Also changing your accommodation has resulted in a "significant change to your holiday both are covered by The package Travel regulations .

It's all very complicated but have a look at this site which should explain it to you .


http://www.holidaytravelwatch.com/action/package-travel-regulations

keyser666

mandi wrote: »

Hello crazyhaggid

If you look on Low Cost Holidays website they say ,

"Cheap holidays with lowcostholidays.com

At lowcostholidays.com we don't believe in package holidays, instead we tailor each of our cheap holidays to your needs. Whether you're looking to book cheap all inclusive family holidays, city breaks or late holiday deals on a budget, we have an excellent range of cheap hotels and flights to make your 2013 holiday perfect."

This is called a dynamic package.


What this means is that the all the components ie the flights accommodation etc are sourced individually but shown as one price giving the impression that it is a "package" holiday . The important part is if you booked the holiday thinking you had booked a package then it is a package.

Also changing your accommodation has resulted in a "significant change to your holiday both are covered by The package Travel regulations .

It's all very complicated but have a look at this site which should explain it to you .


http://www.holidaytravelwatch.com/action/package-travel-regulations

Spot on here, it is the new way of websites trying to absolve themselves of obligations if you booked a package holiday.

Members above saying they booked a package holiday, they haven't. The sites merely give the impression they have. The same goes for onthebeach.com who operate the same way.

OP i suggest you look at laterooms or bookings.com one futher thing is that there is a low cost holidays £25 off voucher that can be used at the minute if that helps