Refunds from On The Beach

kiki_b

Hi, I had a holiday booked for 02/06 was cancelled and hotel refunded a week before I was due travel and and hotel was refunded straight away.  I am now awaiting flights refunded but there is no updates basically an automated email to tell you to be patient. I am just wondering has anyone been refunded on flights as I have not heard of any??? 

Life__Goes__On

Don't remember seeing anyone praising OTB.

cr4igyj

Hi all, we've booked a package with OTB but have just been informed by the hotel that they will not be open on the dates we've booked. Although my booking doesn't say it yet I'm guessing that means the holiday is cancelled.
My worry is that the flight is still scheduled. Am i right in thinking that OTB will have to give me a full refund for the entire package if the hotel is closed? There's no chance they will try and move us to a different hotel or not reimburse me for the flight is there?

Life__Goes__On

cr4igyj said:

Hi all, we've booked a package with OTB but have just been informed by the hotel that they will not be open on the dates we've booked. Although my booking doesn't say it yet I'm guessing that means the holiday is cancelled.
My worry is that the flight is still scheduled. Am i right in thinking that OTB will have to give me a full refund for the entire package if the hotel is closed? There's no chance they will try and move us to a different hotel or not reimburse me for the flight is there?

Have a look at your ATOL cert  what does it say bottom right,  package;  either trip   single   or multi?

cr4igyj

Life__Goes__On said:

cr4igyj said:

Hi all, we've booked a package with OTB but have just been informed by the hotel that they will not be open on the dates we've booked. Although my booking doesn't say it yet I'm guessing that means the holiday is cancelled.
My worry is that the flight is still scheduled. Am i right in thinking that OTB will have to give me a full refund for the entire package if the hotel is closed? There's no chance they will try and move us to a different hotel or not reimburse me for the flight is there?

Have a look at your ATOL cert  what does it say bottom right,  package;  either trip   single   or multi?

It says 'Package (Multi Contract)'. That's a good thing right?

Life__Goes__On

https://www.which.co.uk/consumer-rights/advice/my-package-holiday-has-been-changed-or-cancelled
Looks clear a change of hotel is a "significant change"  so you are entitle to either accept the change or get a full refund.

Ssl22uk

Hi all,

We were due to fly out in April with OTB as a packaged holiday. We have been offered a refund for the hotel and transfer, but nothing as of yet for the flights. We really don’t like the wording in the emails since ours fail to mention the flights and they use the language ‘to accept this refund click here’ implying that’s it! It was only after chasing them the flight invoice reappeared on our account. We’ve not taken the partial refund as of yet and challenged them. We have been informed they are still awaiting the flight refund and the ATOL 14 day policy does not apply. What they failed to advise was our statutory rights still applied and fobbed is off. We have sent numerous emails and the last one we have had indicated it was my responsibility to chase the payment up with Ryanair myself and I must do so if I want the money back quickly. 

We are about to open a small claims application. After checking OTB terms, they seem to supersede parts of the Consumer Rights act 2015 since transfer of consideration has been made and essentially imbalances in the proportion of the terms, placing the burden on the buyer to deal with the matter. They simply can’t do this nor can they imply that our 14 day rights do not apply, using ATOL who are not above the act. 

I’ll let you know whether they pay up before the application is submitted and what happened once we get a hearing.

Life__Goes__On

Ssl22uk said:

Hi all,

We were due to fly out in April with OTB as a packaged holiday. We have been offered a refund for the hotel and transfer, but nothing as of yet for the flights. We really don’t like the wording in the emails since ours fail to mention the flights and they use the language ‘to accept this refund click here’ implying that’s it! It was only after chasing them the flight invoice reappeared on our account. We’ve not taken the partial refund as of yet and challenged them. We have been informed they are still awaiting the flight refund and the ATOL 14 day policy does not apply. What they failed to advise was our statutory rights still applied and fobbed is off. We have sent numerous emails and the last one we have had indicated it was my responsibility to chase the payment up with Ryanair myself and I must do so if I want the money back quickly. 

We are about to open a small claims application. After checking OTB terms, they seem to supersede parts of the Consumer Rights act 2015 since transfer of consideration has been made and essentially imbalances in the proportion of the terms, placing the burden on the buyer to deal with the matter. They simply can’t do this nor can they imply that our 14 day rights do not apply, using ATOL who are not above the act. 

I’ll let you know whether they pay up before the application is submitted and what happened once we get a hearing.

I don't even think you need the CRA 2015 in your case.
If it's a package holiday you should be legally refunded in cash (unless you want to take a voucher/ credit note) under Package Travel and Linked Travel Arrangements 2018 .
 

Ssl22uk

Your quite right life_goes_on. I forgot to mention that our prepped application does refer to PTA 2018 in the main and CRA 2015 where we object to OTB unfair contract where it is stipulated it is on us to chase the supplier. Just in case they try to defend the T&C’s. I treat them as the supplier 🤣. 

Life__Goes__On

Ssl22uk said:

Your quite right life_goes_on. I forgot to mention that our prepped application does refer to PTA 2018 in the main and CRA 2015 where we object to OTB unfair contract where it is stipulated it is on us to chase the supplier. Just in case they try to defend the T&C’s. I treat them as the supplier 🤣. 

Always best to be as detailed as possible, certainly never harms.
Did you  send the a letter before action?