Coronavirus travel disruption - latest info and your rights

Rickk

This is what they said to me today,

CKhalvashi

Rickk said:

This is what they said to me today,

The law (in this case the Package Travel Regulations) overrides any terms and conditions that a company may wish to put in place.

Reminding them that Part 3, section 13 and 14 (click here) of the Package Travel Regulations is applicable and therefore they are liable to refund you. Your contract is with Love Holidays, their contract is with Ryanair, so Ryanair will be unable to offer assistance as you are not their customer.

In addition, it looks like they are attempting to get you to cancel instead of doing so themselves. Don't do this, as you will be bound by their terms and conditions. You must wait for them to cancel.

eskbanker

Rickk said:

This is what they said to me today,

I don't understand why they're still offering you options at this stage - you said back in January:

Rickk said:

2 weeks approx before we were due to fly out love holidays emailed me and said spain had gone back into lock down and the holiday had been cancelled.

Is this the same holiday that they already cancelled?

CKhalvashi

eskbanker said:

Rickk said:

This is what they said to me today,

I don't understand why they're still offering you options at this stage - you said back in January:

Rickk said:

2 weeks approx before we were due to fly out love holidays emailed me and said spain had gone back into lock down and the holiday had been cancelled.

Is this the same holiday that they already cancelled?

Exactly why I've questioned this. OP needs to take a long read of the legislation above and get and questions back to us, as I feel it may be an error on their part in the form of a copy and paste response, but may also be attempting to get OP to agree to this to 'settle' the matter on their end so they can attempt to continue to deny liability.

Only with good advice and links to legislation will OP be able to sort this effecively.

Rickk

First email love holidays sent me. Is it me or am i understand it wrong.it clearly states that the holiday can't go ahead. Email sent to me on 4/8/2020 due to fly out 15/8/2020

Rickk

Second email they sent me on the 3/9/2020.as I'm self employed i opted for a cash refund as i didn't know where i would be working if we re booked for 2021.only now after I've chosen the cash refund do they mention the flights are nothing to do with them.  

Rickk

The third email of love holidays on 3/11/2020.after this email i got in contact with ryanair and thats when they said "we went ahead with the flight so its up to love holidays to refund you.

eskbanker

Rickk said:

First email love holidays sent me. Is it me or am i understand it wrong.it clearly states that the holiday can't go ahead. Email sent to me on 4/8/2020 due to fly out 15/8/2020

It actually says that it can't go ahead as originally planned, which technically leaves open the option of proceeding with some changes.  However, what were the options presented on the linked page?

Rickk said:

Second email they sent me on the 3/9/2020.as I'm self employed i opted for a cash refund as i didn't know where i would be working if we re booked for 2021.only now after I've chosen the cash refund do they mention the flights are nothing to do with them.  

This does seem to illustrate that they accepted your request for a full refund, albeit falsely trying to claim that flights should only be refunded once the airline refunds them.

Rickk said:

The third email of love holidays on 3/11/2020.after this email i got in contact with ryanair and thats when they said "we went ahead with the flight so its up to love holidays to refund you.

Did they suggest elsewhere that you should contact Ryanair yourself?  Ryanair are right that if they flew, any refund is nothing to do with them....


I still don't understand why, if they accepted your request for a full refund back in August/September, they'd now be sending you options about how to proceed with the booking?  Without sight of any other contact between you, I'd suggest that you reiterate to them that they accepted your refund request last year and that they were obliged to process that within 14 days under the Package Travel Regulations, regardless of when they get money back from Ryanair (not your issue) - as posted previously, it may be time to go more formal with a Letter Before Action ahead of Moneyclaim....

Rickk

The post from yesterday is a text message which they said they had sent me,i told the lady on the web chat that i had not had a text off them and everything was done through email.i just think love holidays is trying to switch it on to me for cancelling so they don't have to pay out.what was we suppose to do when you get an email a week before your due to go on holiday,saying that its not going to go ahead,if we had of flown out there wouldn't have been a hotel available.so we didn't go on their advise and its still wrong,i can't win.    

eskbanker

Rickk said:

The post from yesterday is a text message which they said they had sent me,i told the lady on the web chat that i had not had a text off them and everything was done through email.i just think love holidays is trying to switch it on to me for cancelling so they don't have to pay out.what was we suppose to do when you get an email a week before your due to go on holiday,saying that its not going to go ahead,if we had of flown out there wouldn't have been a hotel available.so we didn't go on their advise and its still wrong,i can't win.    

But you can win, that's what I'm saying!  They owe you a full refund, pursue them accordingly and you should get it....

Perhaps also worth noting that it's not strictly about who cancels anyway - the traveller can cancel for a full refund under the terms of Regulation 12 of the PTRs if the following circumstances applied when the holiday was called off:

(7) Notwithstanding paragraphs (2) to (6), in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and which significantly affect—

(a) the performance of the package, or

(b) the carriage of passengers to the destination,

the traveller may terminate the package travel contract before the start of the package without paying any termination fee.

(8) Where the package travel contract is terminated under paragraph (7), the traveller is entitled to a full refund of any payments made for the package but is not entitled to additional compensation.