Help with Ryanair refund please

bagand96

The ATOL certificate proves you were sold a package, that's the end of ATOL involvement though as it is just protection if the agent or airline goes bust.

So, you were sold a package, and as such you are protected under the Package and Linked Travel Arrangements Regulations 2018.  Under those regulations, if the agent cannot provide the holiday then they owe you a refund.  As stated above, if the Ryanair flight left, then they won't refund you or LoveHolidays.  LH won't like it, but they should refund you what you paid them.  LH even list the Package Rights on their own website https://www.loveholidays.com/about-us/package-rights.html

More information on the regulations from Which? https://www.which.co.uk/consumer-rights/regulation/package-travel-regulations   And if you so wish, the actual legislation https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents

Getting LH to honour your rights will be a struggle.  If you paid via credit card then a Section 75 claim may be worth exploring.

superbigal

All this assumes LoveHolidays cancelled your package and you did not initiate the cancellation because you were aware the hotel was closed.

eskbanker

superbigal said:

All this assumes LoveHolidays cancelled your package and you did not initiate the cancellation because you were aware the hotel was closed.

The situation is often summarised in the way that you describe, but the actual wording of Regulation 11 allows the customer to cancel for a full refund if the package organiser proposes a significant change (such as hotel closure without an acceptable alternative being offered), so it's not quite as simple as customer cancellation negating refund eligibility:

(5) The traveller may, within a reasonable period specified by the organiser—

(a) accept the proposed changes; or

(b) terminate the contract without paying a termination fee.

[...]

(8) Where—

(a) the traveller terminates the contract pursuant to paragraph (5)(b), and

(b) the traveller does not accept a substitute package,

the organiser must refund all payments made by or on behalf of the traveller without undue delay and in any event not later than 14 days after the contract is terminated.

superbigal

eskbanker said:

superbigal said:

All this assumes LoveHolidays cancelled your package and you did not initiate the cancellation because you were aware the hotel was closed.

The situation is often summarised in the way that you describe, but the actual wording of Regulation 11 allows the customer to cancel for a full refund if the package organiser proposes a significant change (such as hotel closure without an acceptable alternative being offered), so it's not quite as simple as customer cancellation negating refund eligibility:

(5) The traveller may, within a reasonable period specified by the organiser—

(a) accept the proposed changes; or

(b) terminate the contract without paying a termination fee.

[...]

(8) Where—

(a) the traveller terminates the contract pursuant to paragraph (5)(b), and

(b) the traveller does not accept a substitute package,

the organiser must refund all payments made by or on behalf of the traveller without undue delay and in any event not later than 14 days after the contract is terminated.

What if only the customer knew the hotel was closed ?  The agent may claim no knowledge at the point the customer may have cancelled.

eskbanker

superbigal said:

eskbanker said:

superbigal said:

All this assumes LoveHolidays cancelled your package and you did not initiate the cancellation because you were aware the hotel was closed.

The situation is often summarised in the way that you describe, but the actual wording of Regulation 11 allows the customer to cancel for a full refund if the package organiser proposes a significant change (such as hotel closure without an acceptable alternative being offered), so it's not quite as simple as customer cancellation negating refund eligibility:

(5) The traveller may, within a reasonable period specified by the organiser—

(a) accept the proposed changes; or

(b) terminate the contract without paying a termination fee.

[...]

(8) Where—

(a) the traveller terminates the contract pursuant to paragraph (5)(b), and

(b) the traveller does not accept a substitute package,

the organiser must refund all payments made by or on behalf of the traveller without undue delay and in any event not later than 14 days after the contract is terminated.

What if only the customer knew the hotel was closed ?  The agent may claim no knowledge at the point the customer may have cancelled.

Indeed - while too late for OP, for the benefit of other readers in this situation, if independently aware of a booked hotel being closed (or any other potentially significant change) then this should be referred to the booking agent seeking clear information about which options they're going to offer, in accordance with their obligations under article 4 of regulation 11:

(4) The organiser must, without undue delay, inform the traveller in a clear, comprehensible and prominent manner on a durable medium, of—

(a) the proposed changes referred to in paragraph (3) and, where appropriate, in accordance with paragraph (7), their impact on the price of the package;

(b) a reasonable period within which the traveller must inform the organiser of the decision pursuant to paragraph (5);

(c) the consequences of the traveller’s failure to respond within the period referred to in sub-paragraph (b); and

(d) any substitute package, of an equivalent or higher quality, if possible, offered to the traveller and its price.