last minute.com refusal to refund

Chrissy259

Hi,  I wanted some advise if anyone has got any ideas on how to get a refund. Basically booked pre -covid to go to Malta for week in July, booked flights with Ryan air and they have advised i will get a refund for the flights . Hotel was booked with Last minute.com. There website/app state not to call them, they will contact you in relation to any cancelled booking. So i left it waiting for them to get in contact as they should have been aware that no UK residents were able to travel to Malta on the 6th July.  But after much searching (phone number is not advertised) i go in touch with them to be told that they had no idea i hadn't gone as i hadn't told them, and they were unaware i hadn't used the hotel as i hadn't booked a flight with them!. They said it wasn't up to them if i got a refund it was up to the hotel. A day later i got a generic email advising i would not be refunded.
I paid for the hotel (over £800) with PayPal, so i put in a claim with them, this was immediately rejected as they state you have to claim within 180 days and this was not just past that. I had travel insurance bought in February, so i have contacted them to be advised in the policy small print although they do pay out for not being able to travel for reasons such as jury duty. Pandemic wasn't listed as reason so i am not covered with them either. Please  does anyone have any ideas how i could possibly get my money back. Many thanks 

Caz3121

was the hotel open and accepting guests? if so, had you booked a refundable rate?

[Deleted User]

Hi Chrissy,    As you had booked flights and hotel separately, the hotel may not have been cancelled as they may well have been open which I suspect they might have been.   This being the case, if the date has been and gone then you would just be deemed as a no show?   You could get in touch with the hotel to see if, as a gesture of goodwill, they would issue you with a voucher for future use, bearing in mind that you were unable to get to Malta at the time.   You can explain the confusion.

I know your insurance have said they don't pay out for pandemics but they may pay out for the hotel not being available to you?  Just a thought as depends what you put on the claim form as the reason you were claiming.  You would need proof it was closed at the time of your visit though.    I feel it for you but don't think there is actually a lot you can do.    

Dina

I have the same problem. They've offered to refund the flights but not the acommodation. I had booked it as a package, so I thought not being able to fly would mean the whole holiday was cancelled and would be refunded, but they are treating them as two separate bookings. As lastminute are not answering their phones at all now, I was thinking of trying a chargeback claim with my bank. I don't know if I should accept the flight refund for now?

nilanteh

Was it actually a package? If it was you will have an atol certificate

Dina

Yes, I've just checked and I do have an atol certificate which says "What is Protected ?  Flight and Hotel Package to Rhodes for 9 night(s)". So this confirms that it was sold as a package? Does this mean they have to refund the whole thing?

nilanteh

It does mean that 

ALancsLad

Sadly, it doesnt mean you'll get a refund without a big fight.
My position with LastMinute is:

• flight and accomodation package booked to France (ATOL certificate says its a package).  Flight with Ryan Air.  Accom with Accor Group (but sold as a package).
• Two days before departure in August, FCO advise against travel to France
• We requested a full refund from LastMinute as per Travel Package Regulations [Regulation 12(7)] citing 'unavoidable and extraordinary circumstances' occur which 'significantly affect the performance of the package'.  
• Last Minute only offered Hotel refund, and said flight was still operating so no flight refund. This seemed odd given the hotel was still operating.  And we had to accept within 12 hours or risk loosing.   We were told by LastMinute to contact Ryan Air and seek another date.  
• We accepted the part refund, but said we dont accept that we are not eligible for a full refund as its a package.
• Complaint has been raised with ABTA.  LastMinute sticking to their line that 'the flight was still operating' so we are only eligible for a part refund.
• My choice now is ABTA arbitration process or Small Claims Court.
• Im convinced Lastminute are in breach of the Regulations.
• But LastMinute are making us (and probably hundreds of others) fight all the way
• I suspect other online companies (On The Beach, etc) are taking a similar stance.
• So to summarise.  I believe the law is with us.  But companies are making it very challenging.

Nebulous2

ALancsLad said:

Sadly, it doesnt mean you'll get a refund without a big fight.
My position with LastMinute is:

• flight and accomodation package booked to France (ATOL certificate says its a package).  Flight with Ryan Air.  Accom with Accor Group (but sold as a package).
• Two days before departure in August, FCO advise against travel to France
• We requested a full refund from LastMinute as per Travel Package Regulations [Regulation 12(7)] citing 'unavoidable and extraordinary circumstances' occur which 'significantly affect the performance of the package'.  
• Last Minute only offered Hotel refund, and said flight was still operating so no flight refund. This seemed odd given the hotel was still operating.  And we had to accept within 12 hours or risk loosing.   We were told by LastMinute to contact Ryan Air and seek another date.  
• We accepted the part refund, but said we dont accept that we are not eligible for a full refund as its a package.
• Complaint has been raised with ABTA.  LastMinute sticking to their line that 'the flight was still operating' so we are only eligible for a part refund.
• My choice now is ABTA arbitration process or Small Claims Court.
• Im convinced Lastminute are in breach of the Regulations.
• But LastMinute are making us (and probably hundreds of others) fight all the way
• I suspect other online companies (On The Beach, etc) are taking a similar stance.
• So to summarise.  I believe the law is with us.  But companies are making it very challenging.

I'm another LM victim. It could be worse than that. They don't have a UK address, so it might not be possible to take them to small claims. 

bagand96

Nebulous2 said:

ALancsLad said:

Sadly, it doesnt mean you'll get a refund without a big fight.
My position with LastMinute is:

• flight and accomodation package booked to France (ATOL certificate says its a package).  Flight with Ryan Air.  Accom with Accor Group (but sold as a package).
• Two days before departure in August, FCO advise against travel to France
• We requested a full refund from LastMinute as per Travel Package Regulations [Regulation 12(7)] citing 'unavoidable and extraordinary circumstances' occur which 'significantly affect the performance of the package'.  
• Last Minute only offered Hotel refund, and said flight was still operating so no flight refund. This seemed odd given the hotel was still operating.  And we had to accept within 12 hours or risk loosing.   We were told by LastMinute to contact Ryan Air and seek another date.  
• We accepted the part refund, but said we dont accept that we are not eligible for a full refund as its a package.
• Complaint has been raised with ABTA.  LastMinute sticking to their line that 'the flight was still operating' so we are only eligible for a part refund.
• My choice now is ABTA arbitration process or Small Claims Court.
• Im convinced Lastminute are in breach of the Regulations.
• But LastMinute are making us (and probably hundreds of others) fight all the way
• I suspect other online companies (On The Beach, etc) are taking a similar stance.
• So to summarise.  I believe the law is with us.  But companies are making it very challenging.

I'm another LM victim. It could be worse than that. They don't have a UK address, so it might not be possible to take them to small claims. 

It's even worse, they are a Swiss company, so even the simplified EU Small Claims process wouldn't be an option (yes, we are crashing out the EU, but cases started before 31st December would be heard). 

I think ABTA may be the last practical option for most people, assuming LM don't follow OnTheBeach and LoveHolidays by leaving ABTA.  My advice would be open an ABTA complaint whilst they are still a member!

Alan_Bowen

bagand96's advice is spot on.ABTA arbitration is not free but it is independent and most lawyers suspect that customers will win the argument at the end. If you do, your costs are repaid.