LowCostHoliday - Holiday from Hell

leylandsunaddict

FieldsOfVision wrote: »

Hello Folks

I'd like to share this story with you and invite your opinion and advice:

LowCostHolidays.com has charged me twice for a holiday. They have taken money from my debit card twice without my authorisation. Long story but I have tried and cannot claim it back from my bank. I have been in communication with LowCostHolidays.com for almost 18 months now. God knows how many emails have been sent, exchanged and how many of them they ignored, how many proofs have been asked and supplied, how many different people there I have been in contact with.



At first they denied point blank they have taken money twice. They then started asking for one thing after another and sometimes things that cannot be proved by me. How can I provide them the time stamp of bank transitions (payments) or log of their email in-tray?? The matter is still ongoing. They are still not admitting the error and keep asking for various irrelevant information. I have had to spend a lot more on phone calls, bank charges and this matter is taking untold hours of my time. It's taking its emotional toll on my health and well being.

Can you please make any suggestions what I can do?

They say they're a Spanish company and don't operate in this country. They're not a member of ATOL or ABTA and as such consider themselves above the law and practises in this country. Is this correct? Can they do that? Can I not make a claim against them in small county court here in the UK if they're not registered in the UK?

Has anyone got any experience of similar issues with them?

Has anyone tried legal actions against them?

All your constructive comments and advice gratefully received. If nothing else, I hope this informs others and further exposes their unprofessional methods and manners.

They're not members because Abta stands for Association of British Travel Agents, and LowCost are Spanish. Atol isn't a membership, it's a licence and because they're not in the UK they don't need one. It's got nothing to with them considering they're above the law. They have their own bonding in line with Spanish law. When they relocated from the UK to Majorca the CAA did issue warnings to people about booking with them.

Did you ask your bank about a chargeback on your debit card? It's too late now, but it might have helped if you'd done it initially, or better still paid by credit card.
What did the terms and conditions you read state about governing jurisdiction? I think you'll find if you re-read them that they're saying that bookings for UK residents is governed by English law. If so, you can take them to an English court.

FieldsOfVision

leylandsunaddict wrote: »

They're not members because Abta stands for Association of British Travel Agents, and LowCost are Spanish. Atol isn't a membership, it's a licence and because they're not in the UK they don't need one. It's got nothing to with them considering they're above the law. They have their own bonding in line with Spanish law. When they relocated from the UK to Majorca the CAA did issue warnings to people about booking with them.

Did you ask your bank about a chargeback on your debit card? It's too late now, but it might have helped if you'd done it initially, or better still paid by credit card.
What did the terms and conditions you read state about governing jurisdiction? I think you'll find if you re-read them that they're saying that bookings for UK residents is governed by English law. If so, you can take them to an English court.

Hi leylandsunaddict

Thanks for your reply. I get you about ATOL and ABTA. I didn't notice they had moved to Spain before I had booked. Yes, I asked my bank and it was declined. Yes, too late now.
I read again the paperwork I received from them and the Terms and Conditions don't seem to stipulate what Jurisdiction. The only clue is probably when it says they're registered in Spain. Surely if I break the law in Spain, I won't be tried over here, no?

leylandsunaddict

FieldsOfVision wrote: »

Hi leylandsunaddict

Thanks for your reply. I get you about ATOL and ABTA. I didn't notice they had moved to Spain before I had booked. Yes, I asked my bank and it was declined. Yes, too late now.
I read again the paperwork I received from them and the Terms and Conditions don't seem to stipulate what Jurisdiction. The only clue is probably when it says they're registered in Spain. Surely if I break the law in Spain, I won't be tried over here, no?

I'm guessing you didn't read the terms and conditions online before agreeing to them? If you had you would have known they were located in Palma. When booking with any OTA you really do need to read the T&Cs, not just tick the box.

I'm pretty sure they state English law on bookings for both those that include flights, and those that don't.