Holiday help

hmmmm1971

Hope someone can help because im just confused with the correct process, and cant find advice for our circumstance anywhere.
We booked a flight and hotel with lastminute.com in oct last year for a short break 4th to 7th sept in madrid this year. All parts of the booking are non refundable. We also took out a seperate travel insurance policy  which we know covers us if we cant go because of coronavirus or government advice. Incidentally our flight home has been cancelled by iberia  lastminute.com have said, not our problem sort it out yourself. Despite section 9 in their t&cs clearly states under these circumstance we are entitled to a refund. We did ask over the phone but they said no.
There is an alternative flight but we haven't booked it because of the cosr and current govenment travel advice, and we would find it hard to get insurance. If the travel advice was lifted thats an isuue we'd have dealt with.

My question is, with current government travel advice to spain should lastminute.com be contacting us telling us not to travel,  or should we be contacting them. My understanding is from reading other peoples experiences is if we contact them and cancel we would not be entitled to a refund because theh will say we cancelled, and probably charge us a fee.

If we approach last minute.com for a refund after the 4th and say we didnt travel because of current advice. is there a time limit in which this must be done, i only ask this because I suspect the insurance will send us down this route. I appreciate its likely lastminute.com will either refuse a refund because we didnt travel or just ignore us.
Thanks

[Deleted User]

Is it a package holiday? If it is then under the Package Travel and Linked Travel Arrangements Regulations 2018, if there’s FCO advice against traveling to your destination then you are entitled to a refund within 14 days (unlikely with Covid but at least you have the rights).

hmmmm1971

Yes both were booked together , at the same time one payment, so it is a package holiday. But when do we contact lastminute.com to ask for a refund, bearing in mind that is a challenge in itself. 

bagand96

GabiB said:

Is it a package holiday? If it is then under the Package Travel and Linked Travel Arrangements Regulations 2018, if there’s FCO advice against traveling to your destination then you are entitled to a refund within 14 days (unlikely with Covid but at least you have the rights).

It's not quite as clear cut as that.

The Regulations do not specifically state that you are entitled to cancel for a refund if FCO advice is not to travel.  The Regulations talk in terms of "unavoidable and extraordinary circumstances" that "significantly affect the performance of the package".   It's all down to interpretation of that particular phrase.  Which? think customers should get a refund, MSE think customers should get a refund.  ABTA have said that their members should refund customers when FCO advice is not to travel.  Good news is that lastminute.com are members of ABTA.  Slightly less good news is that lastminute.com have poor customer service.

Anyway, arguing about the regulations is a little bit of a moot point.  You booked a package, and at least part of that package (flight home!) has been cancelled.  Lastminute are fobbing you off saying it's your problem.  they are the package arranger so it's up to them to notify you of alternate arrangements (at no cost to you) or cancel the package and give you a full refund.

I'd get back to them, state that as one of the package elements is cancelled that is a significant change, and you wish to cancel for a full refund, as is your right under the PTALTA Regulations 2018.

hmmmm1971

Yeah, we actually contacted them last week to tell them the flight was cancelled, and did read section 9 of their t&cs to their rep. It was clear he'd been told to fob people off and didnt know what to say when we read them out to him. Other than lastminute.com wouldnt find an alternative flight or issue a refund. 
I think another call Tuesday asking for a full refund, then see what the insurance come up with.