On the beach breaching their terms?

mrssnuffle

Please can someone help I am new to this forum. Booked my holiday ( flights, hotel and transfers) last week, so during the pandemic, with OTB. Due to be travelling to the canaries at the end of August and the flight is with Ryanair. Section 26 of my booking terms from OTB says that if the FCO advise against all but essential travel then they will provide a full refund.   Since booking last week the FCO are saying that they advise against all but essential travel to the canaries. However, a statement released on the OTB website says that they will refund hotel as a gesture of goodwill but not the flights and this has to be taken up with the airline. Now, Ryanair don’t refund. But surely OTB are breaching their own terms here? I’m set to lose the flight money. Anyone got any clarity on this??  Thanks 

mrsmb_2

• I can't remember where I found this, but google Package Travel Regulations.
• With package holidays, under the Package Travel Regulations you SHOULD be able to get a refund within 14 days even if the trip's not been cancelled.
• The rules state if "unavoidable and extraordinary circumstances" occur which "significantly affect the performance of the package", you're due a full refund if YOU cancel. And while they don't specifically state that an FCO warning would count as one of these circumstances - though they do give as an example "the outbreak of a serious disease at the travel destination" - in practice travel trade body ABTA says firms MUST refund you if the FCO warns against travel and you can't be given a holiday without "significant change".
  

mrssnuffle

Thank you... this is actually also in my booking terms too! 

Sooler

mrssnuffle said:

However, a statement released on the OTB website says that they will refund hotel as a gesture of goodwill but not the flights and this has to be taken up with the airline.

Where is this statement  on the website?

mrssnuffle

Hi I’ve checked back and they’ve now changed this for holidays post August 25th. This morning it was different 

mrssnuffle

They are now saying that cancellation charges will apply- this was different this morning , it said that they understand if those travelling pist August 15th don’t want to go and they will refund the hotel as a gesture of goodwill but not the flights. I should have taken a picture.  This situation has made me realise that holiday companies are not sticking to what they say