Linked Travel Arrangements - flight cancelled with no alternative - what to do?

robalexclark

I booked a holiday to Portugal for 13th July through Love Holidays, with flights provided by Ryanair. Ryanair have cancelled the flights and there is no alternative.

Under the linked travel arrangements is my holiday therefore cancelled? I paid £663 deposit in February and would like this money back! I have "managed my booking" on the love holiday site and indicated that the flights have been cancelled, love holidays have said that they will contact me within 14 days (by the start of next week). I guess that I am not confident that I will receive a response and if I am it is likely to be vouchers (which I don't want to accept).

What are my options here under the linked travel arrangements (which I believe this purchase was). If Love Holidays do not refund my deposit promptly can I pursue a chargeback (I paid via credit card). If so I probably need to do this sooner than I would like due to the 120 day limit being up soon (I paid in February). I will give Love Holidays a chance to resolve first, but I don't want to be fobbed off - I would rather resolve quickly.

epm-84

If you booked everything as one package through Love Holidays then wait for them to contact you.

I'm afraid you're unlikely to get a refund quickly.  Ryanair are being very slow at issuing refunds and due to a lack of bookings travel companies are unlikely to have funds to be able to refund you until they get the refund from their suppliers like Ryanair.  That's one reason why travel companies are incentivising people to take vouchers.

Life__Goes__On

When you bought the holiday,  did you make one payment to LH?  What method of payment did you use?

robalexclark

I made one payment to Love Holidays, via a Santander credit card (mastercard).
I would probably be a bit more patient with Love Holidays if the 120 day limit on chargeback was not fast approaching - I do appreciate that this is no ones fault, but I would like my deposit back! 

Life__Goes__On

As you made one payment  legally it's a package holiday,  but LH have decided the Package Travel and Linked Travel Arrangements 2018 doesn't apply to them, they will find out it does.

You have little chance in getting any quick resolution from a company that disregards the law.
I would file a Chargeback 
 

epm-84

robalexclark said:

I made one payment to Love Holidays, via a Santander credit card (mastercard).
I would probably be a bit more patient with Love Holidays if the 120 day limit on chargeback was not fast approaching - I do appreciate that this is no ones fault, but I would like my deposit back! 

I think the 120 day limit starts on the date of your outward flight, not the date you made the purchase.

epm-84

Life__Goes__On said:

As you made one payment  legally it's a package holiday,  but LH have decided the Package Travel and Linked Travel Arrangements 2018 doesn't apply to them, they will find out it does.

You have little chance in getting any quick resolution from a company that disregards the law.
I would file a Chargeback 

From the original post I can't see any evidence that the holiday company have said the rules don't apply to them - it appears they have not yet given a response and the customer is concerned about getting their money back.  On that basis it's too early to file a chargeback and it would be rejected by the card issuer as the service has not been confirmed as being cancelled and an attempt to get a refund has not yet been made.

Life__Goes__On

epm-84 said:

From the original post I can't see any evidence that the holiday company have said the rules don't apply to them - it appears they have not yet given a response and the customer is concerned about getting their money back.  On that basis it's too early to file a chargeback and it would be rejected by the card issuer as the service has not been confirmed as being cancelled and an attempt to get a refund has not yet been made.

They have in other posts, so basing my answer on the bigger picture.
Threads like this https://forums.moneysavingexpert.com/discussion/6150921/tui-sent-me-a-credit-note-but-i-booked-with-loveholidays#latest
The service was cancelled when Ryanair cancelled the flight
You are right about it may be too soon,  but as processing times seem long atm  by the time it's processed then LH would have chance to refund.
As LH don't seem to be refunding in the 14 day timeframe, I still would put in a Chargeback now.

robalexclark

I appreciate that I could be "jumping the gun here" - I was however concerned that the 120 limit was from the date the the card charge, I didn't realise that it was from the date of the outward flight. I will give them the 14 days and also prompt them once more before I try a chargeback. 

Thanks for all the advice given here!

epm-84

Life__Goes__On said:

epm-84 said:

From the original post I can't see any evidence that the holiday company have said the rules don't apply to them - it appears they have not yet given a response and the customer is concerned about getting their money back.  On that basis it's too early to file a chargeback and it would be rejected by the card issuer as the service has not been confirmed as being cancelled and an attempt to get a refund has not yet been made.

The service was cancelled when Ryanair cancelled the flight

I would actually say that depends on the T&Cs.  Most travel company T&Cs allow flexibility so that a change to flight schedule does not automatically equal the service being cancelled.  They may also have access to seats on charter flights, which a customer won't find by doing an online search.

Life__Goes__On

epm-84 said:

Life__Goes__On said:

epm-84 said:

From the original post I can't see any evidence that the holiday company have said the rules don't apply to them - it appears they have not yet given a response and the customer is concerned about getting their money back.  On that basis it's too early to file a chargeback and it would be rejected by the card issuer as the service has not been confirmed as being cancelled and an attempt to get a refund has not yet been made.

The service was cancelled when Ryanair cancelled the flight

I would actually say that depends on the T&Cs.  Most travel company T&Cs allow flexibility so that a change to flight schedule does not automatically equal the service being cancelled.  They may also have access to seats on charter flights, which a customer won't find by doing an online search.

I agree, but they will need to do it once the first flight is cancelled,  while there is no alternate I feel the customer is in their right to cancel.