Love holidays refusing flight refund?

aliwatts

Hi there,
Sorry for the long message. I’ve  searched the forums but if I’m honest got lost in information and couldn’t find anything that matched so need some help please.
my son booked a short break to Barcelona, flights and accommodation through loveholidays (LH), due to travel 20.8.20. Loveholidays emailed to advise the holiday couldn’t go ahead and gave some options for which my son chose a refund. They refunded everything except the flights and told us to claim this from Ryanair. Having spoken with  Ryanair they won’t refund because they said the flight went ahead though all passengers were listed as ‘no shows’. We have since referred this back as an escalated complaint to LH only to be told this...  “it is frustrating the airlines have decided to continue to fly with few of their paying customers in order to avoid paying out refunds. Placing, the blame on the OTA seems the simple result, but after we book your flights, the relationship with the airline ends, the passenger information becomes their property and the customer becomes their customer under their terms and conditions. We are unable to request a refund on behalf of the customer due to data protection laws... we recommend exploring what travel insurance may provide in situations like this or continue to apply pressure to the airline as in the end, the real reason we are unable to refund your flight and who actually has your money”.
We have also spoken with our insurance, Virgin Travel, but they won’t accept a claim as the holiday was booked after 13th March 2020 so is not covered for COVID claims.

Do we have a next step, can you advise on anything we can do? Just doesn’t seem right that we lose our flight money through no fault of ours? 

Thenonameleague

How did he pay ?

aliwatts

I believe with a debit card.

bagand96

If LoveHolidays sold him a package (flights and accommodation), and they have then stated it is cancelled it, then they, as the package organiser are liable to refund him.  This is covered under the Package and Linked Travel Arrangements Regulations 2018.  The fact that part of the package they sold is non-refundable Ryanair flights is not your son's concern.

Even LoveHolidays acknowledge this on their own website: https://www.loveholidays.com/about-us/package-rights.html

Go back to them and point out their responsibilities under the 2018 regulations.  If they still won't play ball, try a chargeback on the debit card.  Ultimately you could try Small Claims court.

aliwatts

bagand96 said:

If LoveHolidays sold him a package (flights and accommodation), and they have then stated it is cancelled it, then they, as the package organiser are liable to refund him.  This is covered under the Package and Linked Travel Arrangements Regulations 2018.  The fact that part of the package they sold is non-refundable Ryanair flights is not your son's concern.

Even LoveHolidays acknowledge this on their own website: https://www.loveholidays.com/about-us/package-rights.html

Go back to them and point out their responsibilities under the 2018 regulations.  If they still won't play ball, try a chargeback on the debit card.  Ultimately you could try Small Claims court.

I have tried this but will give it one more go, they just keep saying the flights are now a contract with Ryanair!
thanks

bagand96

aliwatts said:

I have tried this but will give it one more go, they just keep saying the flights are now a contract with Ryanair!
thanks

The T&C's of LoveHolidays (and most other OTA's) make it clear that they only act as an agent and your contracts are with the end suppliers.  However, and even as their own website says, when you book together as a package, you get rights under PALTR 2018, and one party must be responsible for the proper performance of the package.  And that party is LoveHolidays!

macman

Don't waste time trying to argue with LH, just do a chargeback.

lindens

macman said:

Don't waste time trying to argue with LH, just do a chargeback.

I've been waiting for a refund since June too. Had the hotel money back but not the ryanair flights. LH impossible to get hold of so I'm starting a chargeback now on my CC

aliwatts

lindens said:

macman said:

Don't waste time trying to argue with LH, just do a chargeback.

I've been waiting for a refund since June too. Had the hotel money back but not the ryanair flights. LH impossible to get hold of so I'm starting a chargeback now on my CC

That is what we have done now too. Having a similar issue with Lastminute!

mattyprice4004

If LH are acting as an agent, could the CC company not argue the creditor to supplier chain has been broken by a 3rd party?
This usually causes chargebacks to fail

eskbanker

mattyprice4004 said:

If LH are acting as an agent, could the CC company not argue the creditor to supplier chain has been broken by a 3rd party?
This usually causes chargebacks to fail

That line of argument defeats Section 75 claims but doesn't affect chargebacks, where there is no equivalent DCS chain requirement....