Please can someone help as we are not getting anywhere.

skandrews

Hi.....

Got a holiday booked through loveholidays made in January of this year, for the end of July of this year.  Can you get in contact with the company NOPE, just like the other thousands on the facebook forum.  

Was never signed up for any payment plans, as only paid a deposit via credit card over the phone to them back in January.

However our last payment is due on the 12th of July. 

I dont know if they will have access, nor do they have our permission to debit that money from our credit card.  Been trying to get hold of Tesco Bank to see what our options are, on whether we can put a stop to any debits made by them. 

Dont know if we can do a charge back for the deposit as i have found out our flight has been cancelled for all of us with turkish airlines.  Doesn't even exist on there website anymore and when we checked the "check my trip" website it is stating our flight has been cancelled going out of gatwick, but confirmed coming home???????????

Sorry if this is long winded but getting into a blind panic.  Can anyone advise because:-

1.  Dont want to go on this holiday due to recent goings on with covid, as I have asthma and one of the travellers is 10 years old.  Not sure what our rights are

2.  Even if we loose the deposit, will they or can they, take the final payment which is 2/3rds of the price of the holiday, so a lot of money to us.

3.  Can we do a stop of the payment even though tesco bank is not responding

4.  Can we do a charge back as the flight has been cancelled anyway and no one has even notified us of this (love holidays or turkish airlines)

Not going to sleep well...hope someone can help.

Jeremy535897

Try the Coronavirus Travel Help and Info forum

[Deleted User]

skandrews said:

Was never signed up for any payment plans, as only paid a deposit via credit card over the phone to them back in January.

However our last payment is due on the 12th of July. 

I dont know if they will have access, nor do they have our permission to debit that money from our credit card.  Been trying to get hold of Tesco Bank to see what our options are, on whether we can put a stop to any debits made by them.  

That depends on what you agreed when you paid the deposit, not how you feel now, if you gave them the details and permission when you paid the deposit to charge the same card for the balance then they can.

skandrews said:

Dont know if we can do a charge back for the deposit as i have found out our flight has been cancelled for all of us with turkish airlines.  Doesn't even exist on there website anymore and when we checked the "check my trip" website it is stating our flight has been cancelled going out of gatwick, but confirmed coming home???????????

No you can not charge back on that basis, for a package holiday they would have to find alternative flights, if you booked the parts separately then the flights being cancelled does not release you from the other items.

skandrews said:

1.  Dont want to go on this holiday due to recent goings on with covid, as I have asthma and one of the travellers is 10 years old.  Not sure what our rights are

In relation to not wanting to go you have no rights to a refund, it is your choice if you go or not, that has no bearing on the contract.

skandrews said:

2.  Even if we loose the deposit, will they or can they, take the final payment which is 2/3rds of the price of the holiday, so a lot of money to us.

That depends on the contract, cancellation clauses etc. Yes they may be able to and if you do not pay then they may take legal action to recover the money. Alternatively you may just forfeit the deposit.

skandrews said:

3.  Can we do a stop of the payment even though tesco bank is not responding

You could cancel the credit/debit card, that would stop the payment, but it would not affect your liability for any outstanding amount which will be covered in the contract.

skandrews said:

4.  Can we do a charge back as the flight has been cancelled anyway and no one has even notified us of this (love holidays or turkish airlines)

No.

In short if you cancel, you will lose your deposit, if you do not pay the balance, you will lose your deposit. However if you pay the balance and by the date of the holiday the Foreign Office advice is still for you to not travel to Turkey then you will be entitled to a full refund. As Turkey is highly unlikely to be included in the air bridge scheme until at least August this would mean that provided you had paid the balance you would be entitled to a full refund.

https://www.gov.uk/foreign-travel-advice/turkey
https://www.abta.com/help-and-complaints/frequently-asked-questions/foreign-and-commonwealth-office-advising-against

skandrews

MadMattUK

thankyou for taking the time to respond to us.  With a clearier head and some much needed sleep, just wanted to post back with an update to you and things have slightly changed.

MadMattUK said:

That depends on what you agreed when you paid the deposit, not how you feel now, if you gave them the details and permission when you paid the deposit to charge the same card for the balance then they can.

Didn't agree to anything.  Basically when we saw the loveholidays holiday we wanted, they were offering certain things like low deposits and upgrades etc, which i couldn't access through there website.  Upon telephoning them directly, they booked the package holiday over the telephone for us, and i paid the deposit over the telephone to them.  So what i really meant was, would they have kept them details on there system (credit card details), for the last payment?.  So to clarify i have only paid 1. deposit but the remaing amount is outstanding.  When i log onto my account and go to payment details, all the card details section is blank. So wondering if they have access to those details for that last payment on the 12th if we choose to forfiet?

Checked again last night on turkish airlines and the flight going to turkey does not exist at all but the flight coming home does.  Also went onto check my trip which i had to register for to put the children on the flight details for meals etc, and they state the flight going out is indeed cancelled but the flight coming home is confirmed?  Considering this is a package holiday we booked and we didn't need to book anything seperate as love holidays included flight, hotel, transfers, upgrades at a cost, would have thought, if flight cancelled, the holiday is??????

Went onto a facebook forum for turkey travellers i am a member of, and people are stating that TUI in particularly have cancelled peoples holidays to turkey up to the beginning of August.   Surely other companies are going to follow suit unless TUI is folding ONLY

thanks

Splatfoot

If the deposit wasn't huge, I would forfeit it and cancel the card you used. Just ring and tell them you've mislaid it. Keep all records of emails, times and dates you tried to call the holiday company for evidence. 

skandrews

Splatfoot said:

If the deposit wasn't huge, I would forfeit it and cancel the card you used. Just ring and tell them you've mislaid it. Keep all records of emails, times and dates you tried to call the holiday company for evidence. 

They are only accepting live chat.  You cant ring them or email....Been hanging on, but get the impression they are only dealing with immediate holidays.....but will keep a record where i can....

[Deleted User]

skandrews said:
Didn't agree to anything.  Basically when we saw the loveholidays holiday we wanted, they were offering certain things like low deposits and upgrades etc, which i couldn't access through there website.  Upon telephoning them directly, they booked the package holiday over the telephone for us, and i paid the deposit over the telephone to them.  So what i really meant was, would they have kept them details on there system (credit card details), for the last payment?.  So to clarify i have only paid 1. deposit but the remaing amount is outstanding.  When i log onto my account and go to payment details, all the card details section is blank. So wondering if they have access to those details for that last payment on the 12th if we choose to forfiet?

It really depends, they may have those details, they probably do not, however that is not relevant. The real question is do you owe the money, or do you not, that the contract says. If you still owe the money and do not have the right to cancel at this point they could and probably would use other means to recover that money, not having the card details would just present them with a minor inconvenience. 

skandrews said:
Checked again last night on turkish airlines and the flight going to turkey does not exist at all but the flight coming home does.  Also went onto check my trip which i had to register for to put the children on the flight details for meals etc, and they state the flight going out is indeed cancelled but the flight coming home is confirmed?  Considering this is a package holiday we booked and we didn't need to book anything seperate as love holidays included flight, hotel, transfers, upgrades at a cost, would have thought, if flight cancelled, the holiday is??????

Again, the fact that the flight is cancelled does not matter, as a package holiday they would have to find you another flight, if they do not find you another flight then they have to refund you as the package is "broken", if you can not get there you can not use the rest of the package. 

skandrews said:
Went onto a facebook forum for turkey travellers i am a member of, and people are stating that TUI in particularly have cancelled peoples holidays to turkey up to the beginning of August.   Surely other companies are going to follow suit unless TUI is folding ONLY

TUI may have cancelled all to the end of July, that does not affect Loveholidays, although it may be an indicator. 

They key factor is can the holiday take place, that means can you get there and back and is the Foreign Office advice that it is safe to travel. If they can not get you there or the Foreign Office advice was not to travel to Turkey then you would be entitled to a refund IF and I point out IF, you were up to date with your payments. If you were not up to date with your payments you would be in breach of contract and lose your entitlement to a refund.

What you also have to understand is that some tour operators are playing a clever game.
Scenario A: You have paid the deposit, you do not pay the balance due. They keep the deposit and potentially can take action to recover the balance from you. - Result, they get the money.
Scenario B: You have paid the deposit, you pay the balance, but choose not to go. They keep the deposit and balance. - Result, they get the money.
Scenario C: You have paid the deposit, you pay the balance and go on the holiday. They keep the deposit and balance. - Result, they get the money.
Scenario You have paid the deposit, you pay the balance and they do not find you alternative flights or Foreign Office advice is against travel to Turkey. You are entitled to a full refund. - Result, you get all your money back.
What they are doing is playing the odds, many people will not pay the balance, others will but not go, some will and might go (if the holiday goes ahead), but in three of the four scenarios they "win", one where you go on holiday could be regarded as a win/win, or draw, and the last would be a win for you. They are banking on people not paying the balance, with the deposit and potentially any additional amounts recoverable being pure profit. 

Personally the odds of the Foreign Office travel advice in relation to Turkey changing before the end of July is fairly low, on the basis I would pay the balance, to be entitled to a full refund a month or so later (or go on the holiday in the unlikely event it goes ahead) rather than lose the deposit. I do however realise that we all have different views in relation to risk and reward, both choices are in effect a gamble. 

[Deleted User]

skandrews said:

Splatfoot said:

If the deposit wasn't huge, I would forfeit it and cancel the card you used. Just ring and tell them you've mislaid it. Keep all records of emails, times and dates you tried to call the holiday company for evidence. 

They are only accepting live chat.  You cant ring them or email....Been hanging on, but get the impression they are only dealing with immediate holidays.....but will keep a record where i can....

Live Chat often gives you the option to be emailed the chat at the end, of not then you can screen shot the conversation, do not copy and past it as that means nothing as anyone could just type what they wanted.