Hotels refunded, refusal to refund flights

sgray1992

I've seen a few posts similar to this recently, but looking for any more advice that would assist me.
We booked a package holiday through LoveHolidays for a weekend in Budapest.  Due to the travel restrictions, and the fact you needed 2 negative tests to enter the country, we received an email from LH 2 weeks before we were due to travel stating that "as a result of the global travel disruption and the most recent travel advice from various government bodies.... unfortunately your holiday booking cannot go ahead as originally planned" - It then went on to say that we should logon to "manage my booking" to decide our best option.  We chose to have a refund, which was explained to us as receiving the hotel and extras straight away, and then the flights would be refunded later once Ryanair had sent it.  As we booked it as a package and it was cancelled, we would presume the full holiday would be refunded.  
We then received the confirmation that the first refund had been sent, and reminding us that flights are refunded separately, and once they have received our refund for flights then they will be sent to us within 5 working days.
We have since then been told that LoveHolidays won't refund the flights, that needs done by Ryanair, Ryanair are stating that as the flights took off then they won't refund it either.  
I was under the impression that it should be LH that need to refund us, as they cancelled the package, and that to us included the flights, however unsure how to progress with them as they are refusing up until now.
Thanks in advance.

Westin

I suspect this is a case of Devil and the Detail.

As you booked a package holiday your line of thinking is correct that should the provider no longer be able to offer the holiday and they cancel, then you are due a full refund.

If they have cleverly worded the email, perhaps saying your holiday experience won’t be the same due to local restrictions and then offered you choices, one of those being to log on and select an option to cancel your trip then they may have pushed you along a path of self cancellation.  Others have been reporting the LH have offered refunds on some holiday elements like transfers and hotels yet push the customer to the airline for an attempt to claim a refund or credit.  

Without seeing the full detail what you were sent I am not sure of your position. Love Holidays have however not come out well from this saga and I can well believe they are hoping people are pushed down a self cancellation route and try to wriggle out of any responsibility under the Package Travel Regulations.

Westin

Just seen a very similar situation reported in this thread.
https://forums.moneysavingexpert.com/discussion/6208807/hotel-refund-but-not-flight#latest
Responses are similar as well to my earlier post.

sgray1992

I thought similar, however the email clearly states "unfortunately your holiday booking cannot go ahead as originally planned".  It then goes on to say "our top priority is to seek to ensure our affected customers can still enjoy their holiday at a later date" and then finally on their refunding email they clearly talk about the flights being refunded but at a later date once Ryanair refund them.  If they hadn't received notification that Ryanair had cancelled the flights, and that it is between us and Ryanair rather than us and LH, they shouldn't be making statements regarding flights being refunded.  
Also, if LH are treating it as self cancellation then surely they shouldn't be refunding any of the holiday, once they refund the hotel and extras then they should be refunding the full amount, not just the parts that they choose to.

Hasbeen

Unfortunately exactly the same situation as Westin has posted re other thread.

Rather than take alternatives they cancelled. So basically a no show for flight that still went with others for holidays.

The airline will not pay or refund you or Love Holidays in that situation.

You can look at your insurance? but would think no joy there either for self cancellations.  Sorry.

sgray1992

Hasbeen said:

Unfortunately exactly the same situation as Westin has posted re other thread.

Rather than take alternatives they cancelled. So basically a no show for flight that still went with others for holidays.

The airline will not pay or refund you or Love Holidays in that situation.

You can look at your insurance? but would think no joy there either for self cancellations.  Sorry.

It wasn’t self cancelled though. The first communication was from LH stating the holiday was cancelled and the option we chose was full cash refund. At no point did we ask for cancellation.

Just read the below as well:

Danielle Lewis James, consumer law expert at Slater and Gordon, said: "In short, from a refund perspective for a package holiday... the onus is on Loveholidays to provide the refund as they took your money.

"If Loveholidays fail to provide the refund, they are in breach of their statutory obligations and you could complain to them, ABTA, or commence legal proceedings. In addition, you could seek to claim on your travel insurance if covered.

"The fact that Loveholidays is awaiting a refund from a third party is a matter for them and not the customer. Loveholidays are possibly seeking to delay matters for their own economic reasons, but that does not negate their legal obligations unless the booking terms and conditions have permitted any variation."

Caz3121

no point complaining to ABTA as LoveHolidays are no longer a member
https://www.moneysavingexpert.com/news/2020/09/love-holidays-follows-on-the-beach-in-quitting-travel-trade-asso/

Butts

Caz3121 said:

no point complaining to ABTA as LoveHolidays are no longer a member
https://www.moneysavingexpert.com/news/2020/09/love-holidays-follows-on-the-beach-in-quitting-travel-trade-asso/

From anecdotal evidence no point in complaining if the provider is a member.
Chargeback from point of eligibility your most effective tool for a speedy refund.

frontrow

I have a similar post going regarding my daughters refund from LH and have posted the text she received from LH.
Butts, she has tried chargeback but as it was paid over monthly instalments NatWest cannot allocate a single debit card transaction to refund so will not do anything.

chiefclancy

i have had exactly same conversation with LH.They actually rang me,told me my holiday had been cancelled and i could go to manage my booking for my options but they would only refund me for hotel and transfers.I opted for a full refund but was told to contact ryanair about flight refund.As expected,a waste of time BUT....gave the option to change my flight,which i tried to do.If it was booked before June 2020,costs you a change over fee,after June 2020,its free.Mine was booked in January,so cant do that.Also cant do chargeback through bank as i paid LH for it all.Spoke to LH about flight refund and was told i had to wait 120 days before they could do a chargeback for flights.
Appear to be bashing my head against a wall..

sgray1992

chiefclancy said:

i have had exactly same conversation with LH.They actually rang me,told me my holiday had been cancelled and i could go to manage my booking for my options but they would only refund me for hotel and transfers.I opted for a full refund but was told to contact ryanair about flight refund.As expected,a waste of time BUT....gave the option to change my flight,which i tried to do.If it was booked before June 2020,costs you a change over fee,after June 2020,its free.Mine was booked in January,so cant do that.Also cant do chargeback through bank as i paid LH for it all.Spoke to LH about flight refund and was told i had to wait 120 days before they could do a chargeback for flights.
Appear to be bashing my head against a wall..

Issue we have is that at no point did they contact us to say they were only refunding certain aspects.  They contacted to say that the holiday was cancelled - as per the email I quoted above, and to log on to see our options.  The options were to change the date, take a credit note, or take a full refund.  
As a package holiday, they decided we couldn't go, in my opinion it should be them that refunds the full value.