Refusing to refund as they say its not a package

darrenc1972

Hi there
We booked and paid for a villa in Orlando USA with debbies villas. They are stating that they do not give refunds out as when we booked the villa, car hire, disney/universal tickets as it wasnt all booked at the same time, even though its all on the same order number, so it isnt classed as a package under the regulations. They are unable to refund as the villa owner is contractually due the money from them.
Im under the impression that they can claim any money debbies villas would loose on their own insurance. They are abta and atol protected
They have said they can give us a credit note for up to next year, but unfort. that will be no good to us as we have other plans booked. This was a one off holiday. 
Then they said to claim through our travel insurance as they refuse to pay, saying, that these situations should be dealt with by travel insurance only.

Any help would be appreciated as we are slowly waiting for TUI to deal with our flights too

Life__Goes__On

Can you list a breakdown of what was booked and date they were booked

Nick_C

What you have described sounds like a package holiday

https://www.abta.com/tips-and-advice/is-my-holiday-protected/new-package-travel-regulations

Have Debbies Villas cancelled your holiday?  Or are you simply unable to take it?  

If the holiday is still available to you, I don't see that you have any basis for a claim, and a voucher is reasonable.

If the holiday is canceled, you are entitled to a refund.

darrenc1972

The flights we had with TUI had been cancelled as we should have flown on the 22nd april 2020 til 7th May 2020, debbies villa have not cancelled as they were still expecting us to go, even though the flight had been cancelled. A voucher is no good to us as this was a one off holiday to usa.

I have a breakdown as when each item was ordered and added to the same order from them.

Life__Goes__On

"

darrenc1972 said:

I have a breakdown as when each item was ordered and added to the same order from them.

Once we have that  you can get a fuller answer, as without it, it's just guess work.

darrenc1972

villa 15-5-2019
Orlando freedom tickets 5-6-2019
Car hire 9-9-2019
All added to the same order number as i have receipts of it all together

Life__Goes__On

Sadly looks to me as a linked travel arrangement (I'm open to correction) and the agent is correct
If you had booked anyone of those including flights at the same time, then it would have been a classed as a package holiday

So instead of one contract,  you have a contract with each provider separately

darrenc1972

Debbies villas dont offer flights on the website just holiday homes etc.
The flights was originally with Thomas Cook, so had to sort that out and now with TUI

Life__Goes__On

If the villa was/ are still taking in guests, then I don't think you are due a refund as they would have for fulfilled the contract.
So S75 or Chargeback won't work,  so the only option I  see is your travel insurance.

Nick_C

If all three elements had been booked at the same time, it would have been a package holiday.

But it wouldn't have made any difference in this case as it would appear the holiday was not cancelled.

A voucher is a good offer.  Try to use it next year.

darrenc1972

So if a company dont cancel a holiday/villa even though you cant go, they can keep our money.

Already stated that we cant go next year due to other plans