lastminute.com

amatay10

Oh and when I log in there is no record of my booking at all (but this seems par for the course from what I’ve seen on so is media).

amatay10

Butts said:

amatay10 said:

They basically took the money from my bank account - as I understand it you can only make a claim if you paid by credit card.

What about the deposit ?

I paid the deposit and they took the balance when it was pretty conclusive at that point that it was not going ahead. I’m just trying to get my refund!

Upsidedownandaround

It sounds like you should be entitled to a refund. Unfortunately it also sounds like the only way to go about getting it is to do what you have already been doing for the last 5 months. You don't really have any other options I can see given you can't do a chargeback or a S.75 claim.

Barny1979

amatay10 said:

Oh and when I log in there is no record of my booking at all (but this seems par for the course from what I’ve seen on so is media).

My hotel booking has disappeared from my account too

Butts

Barny1979 said:

amatay10 said:

Oh and when I log in there is no record of my booking at all (but this seems par for the course from what I’ve seen on so is media).

My hotel booking has disappeared from my account too

How did you pay ?

Butts

amatay10 said:

It was a flight and hotel package to Amsterdam booked through lastminute.com due to happen over Easter - the flights were cancelled by British Airways and KLM but as it was booked through lastminute.com I have to claim through them. They notified me on 23 March that the holiday was cancelled. By CBA I mean the Citizens Advice Bureau - they said that UK consumer rights don’t apply to lastminute.com because they’re a Swiss company, but I wanted clarification as it doesn’t sound right.

That is absolute drivel, I got a chargeback via Capital One for a cancelled LM.com booked holiday.
People have eventually got a refund from them without resorting to any form of action on their part.
If as you say you have a copy of your cancellation and are not prepared to wait any longer you may have to resort to The Small Claims Court to retrieve your money.
How much are we talking about - a monkey ?

Upsidedownandaround

Butts said:

amatay10 said:

It was a flight and hotel package to Amsterdam booked through lastminute.com due to happen over Easter - the flights were cancelled by British Airways and KLM but as it was booked through lastminute.com I have to claim through them. They notified me on 23 March that the holiday was cancelled. By CBA I mean the Citizens Advice Bureau - they said that UK consumer rights don’t apply to lastminute.com because they’re a Swiss company, but I wanted clarification as it doesn’t sound right.

That is absolute drivel, I got a chargeback via Capital One for a cancelled LM.com booked holiday.
People have eventually got a refund from them without resorting to any form of action on their part.
If as you say you have a copy of your cancellation and are not prepared to wait any longer you may have to resort to The Small Claims Court to retrieve your money.
How much are we talking about - a monkey ?

That's not entirely correct. If as established on the thread the CAB were also of the view that there was no chargeback or s.75 possibility then any advice would relate to breach of contract based on the governing law in the contract which will no doubt be Swiss law. If it is then clearly the CAB would not be able to advise him/her as in any court action a court would have to first decide whether it actually has jurisdiction for the breach of contract. I can certainly see why the CAB advisor has said what they have. They would really need to take advice from a solicitor.

Butts

Well if you cared to look through the threads on here you will find out what I am saying is entirely true. I am not talking about theoretical situations but real life experience.

I had a Package Holiday booked with Lastminute.com and when the Flights were cancelled by BA this effectively terminated the holiday. Due to endless prevarication by LM.com and getting no further along the road to having my money returned I took action myself.

I instituted a charge back with my Card Provider Capital One quoting the relevant sections of The Package Travel and Linked Travel Arrangement Regulations 2018, supplied the evidence of inaction by LM and had my money back within a week. As of now this has not been challenged by them.

Sometimes CAB despite all the good intentions in the world do not have advisors who are experts in some of the more nuanced areas in Law not just for Holidays but in other areas as well. The PTR's mentioned above are from the EU and govern all Holidays booked in the EU member states regardless of where the provider is headquartered.

Upsidedownandaround

Butts said:

Well if you cared to look through the threads on here you will find out what I am saying is entirely true. I am not talking about theoretical situations but real life experience.

I had a Package Holiday booked with Lastminute.com and when the Flights were cancelled by BA this effectively terminated the holiday. Due to endless prevarication by LM.com and getting no further along the road to having my money returned I took action myself.

I instituted a charge back with my Card Provider Capital One quoting the relevant sections of The Package Travel and Linked Travel Arrangement Regulations 2018, supplied the evidence of inaction by LM and had my money back within a week. As of now this has not been challenged by them.

Sometimes CAB despite all the good intentions in the world do not have advisors who are experts in some of the more nuanced areas in Law not just for Holidays but in other areas as well. 

Real life experience completely unrelated to contract law and enforcing contractual rights in a court.

As you are aware we have already established that chargeback isn't an option in this case. You will also no doubt be ware that the chargeback process relates to rules of a scheme that participating banks have agreed to. It's not the law and it's not really relevant here because again as you pointed out it is too late for a chargeback.

I doubt anybody would expect a CAB advisor to be able to give advice on a contract where the governing law is Swiss.

Butts

Upsidedownandaround said:

Butts said:

Well if you cared to look through the threads on here you will find out what I am saying is entirely true. I am not talking about theoretical situations but real life experience.

I had a Package Holiday booked with Lastminute.com and when the Flights were cancelled by BA this effectively terminated the holiday. Due to endless prevarication by LM.com and getting no further along the road to having my money returned I took action myself.

I instituted a charge back with my Card Provider Capital One quoting the relevant sections of The Package Travel and Linked Travel Arrangement Regulations 2018, supplied the evidence of inaction by LM and had my money back within a week. As of now this has not been challenged by them.

Sometimes CAB despite all the good intentions in the world do not have advisors who are experts in some of the more nuanced areas in Law not just for Holidays but in other areas as well. 

Real life experience completely unrelated to contract law and enforcing contractual rights in a court.

As you are aware we have already established that chargeback isn't an option in this case. You will also no doubt be ware that the chargeback process relates to rules of a scheme that participating banks have agreed to. It's not the law and it's not really relevant here because again as you pointed out it is too late for a chargeback.

I doubt anybody would expect a CAB advisor to be able to give advice on a contract where the governing law is Swiss.

I think you'll find the "Swiss Law" question is a "red herring" the booking was made in the UK , subject to UK Law and the PTR's.
The PTR Regulations are quite clear if the holiday is cancelled you should be entitled to a refund in 14 Days.
This has been used successfully by posters on this and other sites to obtain a refund in the SCC.
Normally the threat of it alone (receiving the papers ) is enough for them to pay up.