Holiday cut short and repatriation flight took is to an alternative airport due to Covid-19

Sid2302

Hi All,
Some advice needed please,
We flew to Punta Cana on 12 Mar 2020 from Manchester, after 2 days we were told that we had to be repatriated back to the UK, so by the time we left we had lost 8 days of our holiday, also the repatriation flight took us back to Gatwick Airport Via Barbados and not to our original Airport Manchester, and then we were bussed back up with no social distancing, and in all took us 26 hours to get home!
So we raised this as a complaint with Tui with a request for the loss of the 8 days plus loss of enjoyment, they have finally got back to us after 51 days with an offer of "As a goodwill gesture, we'll be arranging for you to receive a pro-rata voucher refund for the number of nights of your holiday that you missed" no amount stated.
"Your holiday voucher will be sent to you in the coming weeks and is valid until 31 October 2021", and 
"As the situation was due to circumstances beyond our control, in line with the Package Travel and Linked Travel Arrangements Regulations 2018, we will not be paying any additional compensation."
So surely this cant be correct? we spent a lot of money on this holiday so would expect a refund in cash not vouchers for the loss of days, and at least an offer for loss of enjoyment as the holiday was completely ruined. 
So any useful advice for what we can/should do now, any legal rights we may have etc, to progress this to a satisfactory outcome would be appreciated.
Thank you in advance to anyone that responds 

bradders1983

Well the voucher can probably be cashed in, if its anything like the ones they are giving out to everyone who had their full holiday cancelled, but you would have to ring and ask.

Life__Goes__On

""As a goodwill gesture"    Rubbish
https://www.abta.com/tips-and-advice/is-my-holiday-protected/new-package-travel-regulations
Legal protection means your travel company is responsible for making sure that you get the holiday you paid for.

Clearly you never got the holiday you paid for, TUI  are legally responsible for this.
 

Sid2302

Life__Goes__On said:

""As a goodwill gesture"    Rubbish
//www.abta.com/tips-and-advice/is-my-holiday-protected/new-package-travel-regulations
Legal protection means your travel company is responsible for making sure that you get the holiday you paid for.

Clearly you never got the holiday you paid for, TUI  are legally responsible for this.
 

That's what I thought so any recommendations on where to go from here, should I go back to them or just go to Abta?

Life__Goes__On

I would go back to them pointing out it's not a goodwill gesture, a refund is due under the The Package Travel and Linked Travel Arrangements Regulations 2018. as it's not the holiday you paid for.
This refund needs to be cash refund as you refuse to accept a voucher.
What method of payment did you use?

Sid2302

Life__Goes__On said:

I would go back to them pointing out it's not a goodwill gesture, a refund is due under the The Package Travel and Linked Travel Arrangements Regulations 2018. as it's not the holiday you paid for.
This refund needs to be cash refund as you refuse to accept a voucher.
What method of payment did you use?

I paid by Debit card the balance.

bagand96

Life__Goes__On said:

""As a goodwill gesture"    Rubbish
https://www.abta.com/tips-and-advice/is-my-holiday-protected/new-package-travel-regulations
Legal protection means your travel company is responsible for making sure that you get the holiday you paid for.

Clearly you never got the holiday you paid for, TUI  are legally responsible for this.
 

When read as part of the whole paragraph, that sentence isn't as clear cut, and search as I may, including in the Package Regulations 2018 I can't find anything concrete about them clearly being liable.

Legal protection means your travel company is responsible for making sure that you get the holiday you paid for. If something isn’t provided or isn’t as expected, and your travel company or its suppliers is at fault, they will need to sort this out for you – either resolving the issue, offering an alternative or providing a full or partial refund. In some instances you may be able to claim compensation.



Even Which don't specifically say you are entitled to a refund.

"What if my package holiday changes after it starts?

If after departure a significant proportion of the services contracted for is not provided, or the organiser becomes aware that they will be unable to procure a significant proportion of them:

• the organiser must make suitable alternative arrangements, at no extra cost to you, for the continuation of the package and will, where appropriate, compensate you for the difference between the services to be supplied under the contract and those actually supplied
• if it is impossible to make arrangements, or these are rejected by you for good reason, the organiser will, where appropriate, provide you with equivalent transport back to the place of departure or to another place to which you have agreed and will, where appropriate, compensate you."

I think this may be a Travel Insurance claim.

Life__Goes__On

I agree it’s not clear cut

The Governments guidance on the regs
https://www.gov.uk/government/publications/package-holidays-complying-with-regulations-guidance-for-businesses

22. Where, following commencement of the package, significant proportions of
the package cannot be performed, alternatives offered should be at no extra
cost and should, where possible, be of equivalent or higher quality than those
specified in the original contract. If the organiser is constrained to propose
alternative arrangements of a lower quality, the organiser must grant an
appropriate price reduction. Travellers may choose to reject alternative
arrangements only if they are not comparable with those originally agreed, or
the price reduction offered is inadequate. If a traveller chooses to reject for
either of these reasons, or the organiser is unable to make alternative
arrangements, the traveller will be entitled to a price reduction, and
compensation if appropriate

Personally I feel that only having 2 days out of 10 will be classed as significant part of the package

Seems TUI might know this rule as  they have totally addressed the last sentence
1 they have given a price reduction (voucher)
2 they have said compensation isn't appropriate

mattyprice4004

I think given the cause of the cutting short wasn't down to the provider, you'd be hard pushed to get anything more - it wasn't their fault. 

If you want cash, claim on your travel insurance. You've had a good result there. 

Also, just to clarify - you want a refund for the time missed AND for loss of enjoyment?
Am I missing something, but isn't the payment for the time missed specifically compensate you for the loss of enjoyment of those days on holiday? 

Your claim sounds completely OTT, I'm not surprised they're giving you the cold shoulder. 

Sid2302

mattyprice4004 said:

I think given the cause of the cutting short wasn't down to the provider, you'd be hard pushed to get anything more - it wasn't their fault. 

If you want cash, claim on your travel insurance. You've had a good result there. 

Also, just to clarify - you want a refund for the time missed AND for loss of enjoyment?
Am I missing something, but isn't the payment for the time missed specifically compensate you for the loss of enjoyment of those days on holiday? 

Your claim sounds completely OTT, I'm not surprised they're giving you the cold shoulder. 

Ok so firstly this pandemic was in full swing when we left and they still decided to send us no option to cancel, so they were very aware of the situation but still chose to send people on holidays.
Also as said above "The Package Travel and Linked Travel Arrangements Regulations 2018, as it's not the holiday you paid for." as it wasn't as we didn't get anything like we paid for (Including moving all other holiday makers from there sister hotels into ours so overwhelming our hotel)
And on the loss of enjoyment point, "What enjoyment!" the complete holiday was ruined and it was our wedding anniversary, we only had around two days before all the problems started with the return home issues etc, so how you can say that two days enjoyment out of 13 days is OTT is beyond me!! 

HoofeHearted

We were on a Marella  cruise 10th - 24th March.  On 12th March, the captain explained that most ports of call were no longer letting us visit, due to Covid-19.

We sailed around for the majority of the first week, until we were allowed to disembark in Jamaica and fly home.  Got back to Manchester on 18th March.

Before leaving the ship, Tui gave us a letter saying that they would refund us 75% of the cost of the 2 week cruise.

This money was eventually refunded at the end of April.

So hold out for a substantial refund.  Good luck.