Spain closes hotels but Tots2Travel will not refund?

Danny_Bakker

Hi all,

New to this forum and I am hoping to get some advise.

We got a holiday booked with tots2travel in Tenerife starting on the 28th March. Spain is now closing all hotels from Tuesday 24th of March and so tots2travel cannot offer our hotel anymore.

Tots2travel are urging us to contact our travel insurance for a refund. My argument is that they are no longer able to fulfil their obligation to us and therefor they should refund us or give us the option to change the holiday date. However they are not offering these options and it is impossible to get in touch with them.

Does anybody have any advice if I can stand my ground and demand a refund or re-schedule the holiday?

Thanks,
Danny

bradders1983

Never heard of this company. Probably means they wont be very reputable.

Danny_Bakker

They are a very reputable company. Just because you haven't heard of them it can still be a good company

Offer a fantastic product if you travel with young children. However, the email they send to their customers today did not fill me with joy. So if anyone has any advise please let me know.

bradders1983

Maybe it would be helpful if you posted it, minus any identifying info.

Danny_Bakker

Please find the email below. What they are emphasising is the fact that FCO advise against travel but nowhere do they mention that all hotels are closed when we go and they actively say they are not offering refund or re-book options.

Email from Tots to Travel:

Following on from our earlier email, we're writing to you with our advice on what you should do now following the latest FCO travel restrictions. It is our intention that this advice helps give you the best chance of being able to reclaim some or all of your expense. We hope that you find it useful and we want to assure you that the action we're suggesting here is what we believe is in your best interest given the current circumstance. Why are we writing to you? You have accommodation booked with Tots to Travel within the next 30 days (between 17th March and 16th April). Why is this significant? As of 17th March ,the FCO have put a restriction on all travel for at least the next 30 days. What does this mean for your travel plans? This means that you are no longer able to travel and take up your accommodation booking and therefore should seek a refund with your travel insurance provider. Our advice when contacting your travel insurance provider Ask your provider this question: If the FCO advises against travel after I bought the policy can I get my accommodation/travel costs back? The answer to this question in most cases will be yes BUT will vary on conditions set out in specific policies. Your travel insurance provider is likely to refer you back to Tots to Travel for a refund. It’s important that you explain to your travel insurance provider that Tots to Travel is an agent and not a tour operator and therefore Tots to Travel are not issuing refunds. In addition, you should tell your insurer that Tots to Travel are not offering any other options or flexibility. This is important because if companies do offer customers alternative options it could invalidate an insurance claim. To be clear, we are not offering refunds or re-booking options. What will you need for your insurance claim? Your insurance provider will require documentation from Tots to Travel that confirms the details of your booking including dates, cost and other essential information. Click the button below to request this documentation now. We will issue you with this automatically in the next few days.

When should I contact my insurance provider? Our advice is to contact them as soon as possible. You do not need to notify Tots to Travel but please remember to click the button above if you require insurance claim documentation from us. We hope this information is useful to you and helps you with the next steps you need to now take. We very much hope that the current situation doesn’t affect you any more than it already has done and we send our best wishes to you and your family during this difficult time. Thank you for your patience. Best wishes Wendy and the Tots team

Keep_pedalling

Did you read this bit from their T&Cs when you booked?

As agents, We will always endeavour to ensure that Your holiday arrangements run smoothly, but We are not liable for the actions or omissions of the Owners, their representatives or any person not employed by Us. Your contract is with the supplier and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. 

benjus

So no ATOL since they only offer accommodation, and a Section 75 claim (if you paid by credit card) looks unlikely as you didn't pay the accommodation provider directly. If your travel insurance does cover you (not all would) I suspect it's going to be the easiest way to get some money back.

Danny_Bakker

Thanks for the advise everyone