Loveholidays

lindens

JetFlyingHigh said:

Due in Portugal next month, just been advised by EasyJet that they're no longer flying from Newcastle from September onwards and so have cancelled our inward flight only (the outward flight is with another airline). I believe the elements of our package holiday are non-refundable. Can anyone give me the legal position on this?
Are we only eligible for a refund from EasyJet for the flight which they cancelled? Or does the whole package become refundable due to part of the package now missing?

Did you book a package holiday with LH? If so they have to refund you the whole holiday or find you another flight 

kagsby1

I have the opposite problem I booked a package holiday with Love holidays and my hotel has now closed for the season due to low occupancy. I spoke to Loveholidays via Live chat and advisor said i would only get refund of accommodation element as flights are still going ahead!  But how can I use flights if I've got nowhere to stay? Surely they have to give me a full refund. I’ve also got an Atol certificate from them that states package holiday. They told me to speak to Easyjet, To try and get refund of flights, but they wont refund if flights are still going ahead. What are my rights? Have to say Loveholidays are the WORST company I have ever dealt with, will NEVER book with them again.

kagsby1

ConsumerPSW said:

Has anyone tried to issue a county court claim against these? We've waited patiently for about 12 weeks for our refund.

Ive gone to solicitors to claim refund for a holiday in May. They have mounted a defence, dont know what they've got to defend they owe me! 

Butts

kagsby1 said:

ConsumerPSW said:

Has anyone tried to issue a county court claim against these? We've waited patiently for about 12 weeks for our refund.

Ive gone to solicitors to claim refund for a holiday in May. They have mounted a defence, dont know what they've got to defend they owe me! 

Have you not had a copy of their defence ?

antsazancharlie

Butts said:

kagsby1 said:

ConsumerPSW said:

Has anyone tried to issue a county court claim against these? We've waited patiently for about 12 weeks for our refund.

Ive gone to solicitors to claim refund for a holiday in May. They have mounted a defence, dont know what they've got to defend they owe me! 

Have you not had a copy of their defence ?

Really interested in understanding what defence they might have too - we recently had a Canaries holiday cancelled and LoveHolidays have offered either a voucher + £100 or a refund to our card but neither option covers the cost of flights with Ryanair, which formed part of the package we purchased. LoveHolidays current policy is that we should seek a refund from Ryanair. The outbound flight went ahead and the inbound flight is scheduled to proceed, so Ryanair's policy is not to refund. Obviously it's LoveHolidays statutory obligation to refund us in full, which we have reminded them of as well as notifying them that we do not accept option 1 or 2 because of the omission of the flight value, but their Booking Confirmation documentum states that "your contract will be with the applicable Service Provider of your chosen Travel Service and LoveHolidays acts only as an agent on their behalf". So they appear to be in breach of their statutory obligations, but perhaps not in breach of contract. We're holding out for 30 days with the intention of instigating a section 75 claim against our card provider, but I'm starting to think that the card issuer might reject our claim on this basis. Legal challenge would be our next option, so interested to know how you get on if there are any developments soon kagsby1? Thanks

Butts

They are also a member of ABTA - did you throw that one at them ?
What does your ATOL Certificate say in the bottom right hand corner ?

antsazancharlie

Butts said:

They are also a member of ABTA - did you throw that one at them ?
What does your ATOL Certificate say in the bottom right hand corner ?

Says 'Package (multi-contract sale)' so it's clear that we should be protected. Still haven't heard from them in response to our refusal to accept either option, we're prepared to play the long game.