On the Beach holiday package - hotel is closed but not paid, flights through Ryanair are paid - help

jknowles

Hi,
Please could I have some advice.  We've just been told that our hotel in Greece is closed for the whole of 2020.  We haven't paid for the hotel yet but flights with Ryanair are.  Where do I stand regarding the flight payments? Do I pay for the whole holiday and get the date changed to next year? or can I get vouchers/refund for my flight tickets?
On the Beach have said to contact Ryanair directly to change the flight tickets however Ryanair do not have their dates of flights yet for 2021.  I do have travel insurance but they are saying that it isn't covered by insurance because Ryanair hasn't cancelled the flights despite getting the insurance before COVID 19 (bought in Oct 19).
I really don't know what my rights are, can anyone shed any light please.  Many thanks in advance

bagand96

Did you buy the flights and hotel together as a package, and get an ATOL certificate? If so then you are entitled to a refund from OTB under Package and Linked Travel Regulations 2018.

Ryanair will tell you they won’t refund or change the flights. Which is correct, it’s not their place to, it’s up to OTB to sort out as you booked a package with them. 

[Deleted User]

If you have bought your flights with Ryanair and you haven't paid for your hotel yet where do On the Beach come into it?  Did you book your flights through OTB?   As you haven't paid for your hotel at same time I am assuming it isn't a package holiday?

So you have two problems. Flights and accommodation.  Confused as to know IF the flights have been cancelled  but saying your insurance won't look at it because Ryanair haven't cancelled the flights suggests you are speaking about something in the future?

All I can say is IF the flights are still going ahead, and it isn't a package holiday, then you really don't have many options.

jknowles

Sorry, I should have explained more but didn't want the details to be like an essay! I have contacted Citizens Advice consumer services and they have said it's a package holiday because of the following:

To clarify, under the Package Travel and linked travel arrangements regulations 2018 , a package would be defined as having the following elements.  It must consist of at least two of the following services:

a) Accommodation  (this one applies)

b) Transport (Carriage of Passengers) (I paid for transfer costs to and from the airport)

c) Vehicle Rental

d) Other tourist services (advertised as the main event of your holiday or cost of the tourist service takes up more than 25% value of your holiday.)

 It would be considered a packaged holiday if it was booked in the following ways

1)     That the bookings were combined by one Trader concluding as a single contract.

2)     Holiday was purchased from a single point of sale before payment was agreed such as same website or estate agents.

3)     Holiday was offered, sold or charged at an inclusive or total price

4)     Holiday was advertised or sold using the word ‘package’ or similar.

5)     Bought through linked online booking processes within a 24 hour period and your personal details such as your name address and payment details have been forwarded from 1st trader to the 2nd trader so you did not have to provide details a second time.

6)     Features of package had been combined after the contract has been concluded where Trader allows you to select different types of service post purchase.

On the beach gives you an option to pay over a period of time. The flight tickets from On the Beach were with Ryanair and the hotel from On the Beach too. Hence me asking if I need to ask Ryanair for the tickets to be refunded or a voucher or if I need to go through On the Beach.  Ryanair are saying because the flights haven't been cancelled I'm not entitled to a refund or vouchers (it's just the hotel that has closed for all season) and On the Beach are saying to contact Ryanair. 

Hope that clarifies things a bit better, thanks

GrumpyDil

There's too many words there but i think in summary you are saying you booked the hotel and flights together through On The Beach. If that is correct then ONB need to refund all the costs and they need to deal with Ryanair.

[Deleted User]

Agree with previous.  On the Beach are stalling but you have the right to a refund for flights as well as hotel as they cannot provide the accommodation you booked under the package arrangement.

Only other point;   When is the holiday due?   OTB probably won't get round to you until nearer the time with your options.    (judging by other agents who are still only working up to 5th July today!!!)

Derbyshire_Magpie

I booked flights to Toronto from the UK on the 25th Feb 2020 to travel on the 24th AUg 2020 with Air Transat. 

Air Transat has changed the outbound flight by 2 days, to a different flight number so I believe the flight was cancelled. I have been offered the choice of accepting the changes or getting vouchers, I have been given 14 days (3 days left now) to respond to this, after which they will assume I am accepting the changes. 

I have sent an email asking for a refund (using your letter template) due to me under EU regulations via 2 routes, via their website, which generated an automated acknowledgement, and direct to the email offering the vouchers or accept changes, which has not been acknowledged. I cannot find a physical address to send a letter to. Also, Canadian Travel Authority regs say that airlines do not have to refund, so there are two conflicting sets of information.

My worry is that if I do not follow the link that will take me to the refuse changes, get vouchers option, that Air Transat will say that I have accepted the changes and must fly on the new dates. If I follow the link for vouchers will it negate my request for a refund? Vouchers are the second best option for me as I would have to self isolate in a hotel for the full trip without leaving the room unless Canada's guidelines change. I could not see my family. I do understand the strain the airlines are under; I have run a wildlife tour company since 1993 but that is likely to fold in a few months time, and I will be out of a job, and much in need of refunded ticket money. 

Any advice and/or clarification would be much appreciated. 

bagand96

Derbyshire_Magpie said:

I booked flights to Toronto from the UK on the 25th Feb 2020 to travel on the 24th AUg 2020 with Air Transat. 

Air Transat has changed the outbound flight by 2 days, to a different flight number so I believe the flight was cancelled. I have been offered the choice of accepting the changes or getting vouchers, I have been given 14 days (3 days left now) to respond to this, after which they will assume I am accepting the changes. 

I have sent an email asking for a refund (using your letter template) due to me under EU regulations via 2 routes, via their website, which generated an automated acknowledgement, and direct to the email offering the vouchers or accept changes, which has not been acknowledged. I cannot find a physical address to send a letter to. Also, Canadian Travel Authority regs say that airlines do not have to refund, so there are two conflicting sets of information.

My worry is that if I do not follow the link that will take me to the refuse changes, get vouchers option, that Air Transat will say that I have accepted the changes and must fly on the new dates. If I follow the link for vouchers will it negate my request for a refund? Vouchers are the second best option for me as I would have to self isolate in a hotel for the full trip without leaving the room unless Canada's guidelines change. I could not see my family. I do understand the strain the airlines are under; I have run a wildlife tour company since 1993 but that is likely to fold in a few months time, and I will be out of a job, and much in need of refunded ticket money. 

Any advice and/or clarification would be much appreciated. 

You've posted this as a reply to a thread about OnTheBeach and Ryanair, it might have been better to post it on the Air Transat thread, or start your own thread.  The long running Air Transat thread is here https://forums.moneysavingexpert.com/discussion/comment/77348431#Comment_77348431   Have a read and maybe posr your question there.  But, long story short, yes they owe you a refund for a cancelled flight under EU law.  However the Canadian Government has said airlines can offer vouchers instead of cash.  It's a bit of a stand off and they're ignoring EU law.

bagand96

jknowles said:

On the beach gives you an option to pay over a period of time. The flight tickets from On the Beach were with Ryanair and the hotel from On the Beach too. Hence me asking if I need to ask Ryanair for the tickets to be refunded or a voucher or if I need to go through On the Beach.  Ryanair are saying because the flights haven't been cancelled I'm not entitled to a refund or vouchers (it's just the hotel that has closed for all season) and On the Beach are saying to contact Ryanair. 

Hope that clarifies things a bit better, thanks

OnTheBeach have sold you the package and therefore they are responsible. There's no point in talking to Ryanair, they will just tell you flights are non-refundable, they won't care that you have a package with OTB, it's nothing to do with them.

elenamills11

We have booked a holiday through Jet Line Travel/Green Dot Holidays leaving to go to Benidorm on Sunday 4 October returning 8 October.   Like many other hotels in Benidorm it is now closed (as are all the med playa hotels in Benidorm).   Jet Line Travel have said although we booked everything through them it is NOT a package deal (we weren't aware of this) and flights and accommodation were booked separately (but they were all done through them!).   Email address for RyanAir booking is theirs.    They have advised as the flight is still going they will only refund us the Hotel, however given it was booked together as "a holiday" I thought they were duty bound to repay us the whole holiday, given we have no accommodation!    Their suggestion was we still went out and staff at the Hotel Regente (the closed hotel!) would tell us where we are now having to stay, I refuted this saying they are CLOSED and that I wasn't prepared to wander around Benidorm despite knowing the area nearly at midnight!     HELP, what do they legally have to repay us?   Any help much appreciated.

Thanks, Elena Mills

eskbanker

If it's booked as a package then you should have an ATOL certificate confirming this, which does grant you refund rights if a component is cancelled without a reasonable alternative being made available to you.  However, they can legitimately substitute another hotel of equivalent standard in the same resort but yes, it wouldn't be reasonable to expect that to be left to local staff to arrange on arrival.