Package holiday partially cancelled

allyc109

Hi, have booked a package holiday to Canada end of august with flights ,accommodation,rocky mountaineer train & 7 day Alaskan cruise though a travel agent & paid £1100 deposit by credit card. Have received an email from celebrity cruises stating that cruise has been cancelled.We are due to pay the full balance by tomorrow but have had no response from travel agent. We would prefer a full refund of the deposit & their t&cs state that a major change to the holiday should entitle us to that. Although we have annual insurance,paid by cc & abta\atol protection its the thought of having to settle the balance to receive a full refund & then having to wait months .I assume I will just have to pay & then wait for travel agent to respond. Any advice appreciated thanks.

Life__Goes__On

On your ATOL cert is it single or multi contract? (bottom right)

allyc109

Hi, single contract thanks

Life__Goes__On

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

A company should only make a significant change to any part of your package for reasons beyond their control, e.g. the airline changes the flight to a day later or the hotel is closed due to hurricane damage.  

In this case they will need to do the following:

• Tell you about the change and give you a reasonable period of time to decide if you want to accept it or cancel with a full refund. You have the right to accept the change or to cancel the package and receive a full refund within 14 days. The travel company will also offer you alternative holidays if they’re able to do so.

As you have been informed there is a significant change, you can cancel and should be refunded in 14 days.

Looking at what you have booked the balance will be a big lump sum.
Personally I would be loath to pay it when clearly you are due a refund within 14 days.

I would rather be waiting for the £1100  than all of it.
If you can contact the TA tomorrow I would stating you are cancelling under the Package Travel and Linked Travel Arrangements 2018 as there has been a significant change and you require a refund of your £1100 deposit within 14 days.

allyc109

Hi thanks for the info, yeah if it wasn't such a large deposit wouldn't be so concerned. Just worried that because the TA themselves haven't advised me of the cancellation & I don't pay the balance that they will use this as an excuse not to refund deposit.  

Life__Goes__On

That would be my worry as well,  but would cover myself by trying to phone them, or e-mailing them will cancellation info, failing that by post.
The TA might even know, but hope you pay so it can have your money for a while.
As you paid direct  if your TA refuses to refund you,  can can use a Chargeback  or a Section 75 on your credit card.
As long as you have proof the cruise is cancelled then it doesn't matter what the TA T&Cs are they can't over-ride the PTaLTA 2018

allyc109

State's on their website only contact by email & up to 28 days to respond.Contacted them a month ago about options due to pandemic with no response, then contacted them twice over last week since receiving email from Celebrity Cruises ,the last one stating we would like our deposit refunded as we have received notice that cruise has been cancelled,no response.
Thank you for your advice.

Life__Goes__On

allyc109 said:

State's on their website only contact by email & up to 28 days to respond.Contacted them a month ago about options due to pandemic with no response, then contacted them twice over last week since receiving email from Celebrity Cruises ,the last one stating we would like our deposit refunded as we have received notice that cruise has been cancelled,no response.
Thank you for your advice.

You could start a Chargeback on your card to reclaim your deposit,  but they might make you wait another 7 days for the 14 days to up,