lastminute.com

Upsidedownandaround

Butts said:

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. 

On what basis is it a "red herring"? There is a term in the contract that states the contract is governed by Swiss Law and Switzerland has exlusive jurisdiction. Why would this agreed term not apply? You are simply guessing.

I'm not saying the PTR regulations don't apply. I think I made my position quite clear several posts ago that they should  be entitled to a refund. In any event for all we know Swiss law may be the exact same however clearly a CAB advisor isn't going to advise on Swiss law when the next course of action is litigation and it's unclear whether a UK court would have jurisdiction.

You are assuming a UK Small Claims Court would have jurisdiction. No doubt it's this reckless assumption that leads to people like you entering in to contracts with dodgy foreign based companies in the first place.

Voyager2002

Upsidedownandaround said:

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. I

No such thing has been established on the thread. It is clear that too much time has passed for a chargeback, but since the total payment was made by credit card S75 remains a possibility.

Upsidedownandaround

Voyager2002 said:

Upsidedownandaround said:

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. I

No such thing has been established on the thread. It is clear that too much time has passed for a chargeback, but since the total payment was made by credit card S75 remains a possibility.

???

To quote the opening poster

"They used my debit card details that I’d used to pay the deposit to take the remaining balance for the trip, so effectively took the money"

amatay10

It’s still not totally clear but I’ve had further legal advice and been told I would be entitled to a refund (this affects thousands of people after all). Still no closer to working out how to get it, but I’m going to try to phone ABTA on Monday.

Butts

amatay10 said:

It’s still not totally clear but I’ve had further legal advice and been told I would be entitled to a refund (this affects thousands of people after all). Still no closer to working out how to get it, but I’m going to try to phone ABTA on Monday.

I believe theres a facebook page ..."last minute.com give us our money back / refund " or some title akin to that.
You may be able to pick up some ideas of how other people have gone about getting their money back in your particular circumstances.

Let us know if you hear about any proceedings in Zurich,Geneva or Bern.

Barny1979

Butts said:

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

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