Insurance claim help for Holiday to Lanzarote (on FCDO advice)

eskbanker

CKhalvashi said:

As far as the law goes, the EU regulations (which are fully applicable to the UK)....

CKhalvashi said:

For more information (I actually copied the 2 paragraphs from this link), the full legislation and how it applies in the eyes of the EU are here. Before you contact anyone, it may be worth having a quick read, making notes of paragraph 3 and 4 above and anything else in the link that may help you.

While there's no harm in linking to explanatory EU commentary, for the law itself it's probably worth quoting the UK legislation rather than the EU directive - they do currently align but as we have now left the EU there is no guarantee that they'll be kept in step, so for future reference it'll make more sense to refer to the Package Travel and Linked Travel Arrangements Regulations 2018: https://www.legislation.gov.uk/uksi/2018/634/contents/made

CKhalvashi

eskbanker said:

CKhalvashi said:

As far as the law goes, the EU regulations (which are fully applicable to the UK)....

CKhalvashi said:

For more information (I actually copied the 2 paragraphs from this link), the full legislation and how it applies in the eyes of the EU are here. Before you contact anyone, it may be worth having a quick read, making notes of paragraph 3 and 4 above and anything else in the link that may help you.

While there's no harm in linking to explanatory EU commentary, for the law itself it's probably worth quoting the UK legislation rather than the EU directive - they do currently align but as we have now left the EU there is no guarantee that they'll be kept in step, so for future reference it'll make more sense to refer to the Package Travel and Linked Travel Arrangements Regulations 2018: https://www.legislation.gov.uk/uksi/2018/634/contents/made

You are correct, however I believe that OP will find the EU content easier to read than the full legislation, especially with the additional advice and opinions there. I have not seen the British government diverge from the advice given by the EU, which in the current circumstances is likely a lot more useful than the actual legislation, as it gives a top level opinion on how it should be enacted.

Of course, if OP wants to read the full legislation, they are welcome to do so and as mentioned, they do currently align. I simply didn't feel that necessary in these circumstances.

eskbanker

CKhalvashi said:

eskbanker said:

CKhalvashi said:

As far as the law goes, the EU regulations (which are fully applicable to the UK)....

CKhalvashi said:

For more information (I actually copied the 2 paragraphs from this link), the full legislation and how it applies in the eyes of the EU are here. Before you contact anyone, it may be worth having a quick read, making notes of paragraph 3 and 4 above and anything else in the link that may help you.

While there's no harm in linking to explanatory EU commentary, for the law itself it's probably worth quoting the UK legislation rather than the EU directive - they do currently align but as we have now left the EU there is no guarantee that they'll be kept in step, so for future reference it'll make more sense to refer to the Package Travel and Linked Travel Arrangements Regulations 2018: https://www.legislation.gov.uk/uksi/2018/634/contents/made

You are correct, however I believe that OP will find the EU content easier to read than the full legislation, especially with the additional advice and opinions there. I have not seen the British government diverge from the advice given by the EU, which in the current circumstances is likely a lot more useful than the actual legislation, as it gives a top level opinion on how it should be enacted.

Of course, if OP wants to read the full legislation, they are welcome to do so and as mentioned, they do currently align. I simply didn't feel that necessary in these circumstances.

But in the above quoted post you are directing OP to the full (EU) legislation as well as the more readable content ("For more information [...] the full legislation [...] [is] here")!  I'm agreeing with you that the less formal stuff is useful (for the next few weeks at least) but simply observing that if pointing to legislation, it makes more sense to link to UK law, that will formally disconnect from the EU equivalent shortly....

ico99

Section 75 started with CC company. Just have to wait for them to send me the required paperwork which can take up to 45 days.
Thanks all 

CKhalvashi

ico99 said:

Section 75 started with CC company. Just have to wait for them to send me the required paperwork which can take up to 45 days.
Thanks all 

Good to hear. If you're submitting by e-mail, it's likely worth adding a link to the guidance. If you'll be submitting by post, either a covering letter stating the legislation and the advice at the time given by the EU (as it was October, it should be relevant after January as this is an 'at the time' issue) or a printed copy of the advice spreadsheet.

The person processing the claim may not know how the legislation works (this definitely is the case with my card provider, especially when dealing with a Ukrainian airline), so if you can show them what the regulations/advice is, it will save you having to clarify later on, meaning you don't have the problem again.

If you need any assistance, please don't hesitate to post here, and we can help

ico99

Hi guys,

I have made the initial contact with my CC company and have provided them with all documentation including info on the package travel Directive. 

Today I have received this response:

Ø  Card holder need to claim under ATOL,and provide negative response letter from bonding authority


can you guys shed any light on this ? 

Thanks again 

CKhalvashi

ico99 said:

Hi guys,

I have made the initial contact with my CC company and have provided them with all documentation including info on the package travel Directive. 

Today I have received this response:

Ø  Card holder need to claim under ATOL,and provide negative response letter from bonding authority


can you guys shed any light on this ? 

Thanks again 

Pop the following back in an e-mail, preferably CC'ing their CEO's office, as they're stalling here:

To whom it may concern,

I wish to formally complain about the service I have received from your Customer Service department regarding a recent Section 75 claim I have made, in relation to Onthebeach.

(Brief description of the current situation and bits of everything you have explained here)

Onthebeach are still trading, and this is therefore fully outside the scope and remit of ATOL. I am therefore unable to claim from ATOL, which is a fund set up specifically to deal with the insolvency of Tour Operators.

If I have not received full payment by Friday 18 December, I will refer this matter to the courts, naming (Insert legal name of who your credit agreement is with) and On The Beach Limited as co-defendants, without further reference to you, which may increase your liability to costs.

In accordance with FOS guidance, this complaint will be referred to them on 3 February 2021 regarding your account handling process, which they can look into as this in itself will not be subject to any legal action.

Many thanks

(Your name).

(Adjust dates as necessary, give 2 weeks to refund and 40 working days for FOS.)

ico99

CKhalvashi said:

ico99 said:

Hi guys,

I have made the initial contact with my CC company and have provided them with all documentation including info on the package travel Directive. 

Today I have received this response:

Ø  Card holder need to claim under ATOL,and provide negative response letter from bonding authority


can you guys shed any light on this ? 

Thanks again 

Pop the following back in an e-mail, preferably CC'ing their CEO's office, as they're stalling here:

To whom it may concern,

I wish to formally complain about the service I have received from your Customer Service department regarding a recent Section 75 claim I have made, in relation to Onthebeach.

(Brief description of the current situation and bits of everything you have explained here)

Onthebeach are still trading, and this is therefore fully outside the scope and remit of ATOL. I am therefore unable to claim from ATOL, which is a fund set up specifically to deal with the insolvency of Tour Operators.

If I have not received full payment by Friday 18 December, I will refer this matter to the courts, naming (Insert legal name of who your credit agreement is with) and On The Beach Limited as co-defendants, without further reference to you, which may increase your liability to costs.

In accordance with FOS guidance, this complaint will be referred to them on 3 February 2021 regarding your account handling process, which they can look into as this in itself will not be subject to any legal action.

Many thanks

(Your name).

(Adjust dates as necessary, give 2 weeks to refund and 40 working days for FOS.)

Many thanks yet again, I will update you with any response.

👍🏼

ico99

ico99 said:

CKhalvashi said:

ico99 said:

Hi guys,

I have made the initial contact with my CC company and have provided them with all documentation including info on the package travel Directive. 

Today I have received this response:

Ø  Card holder need to claim under ATOL,and provide negative response letter from bonding authority


can you guys shed any light on this ? 

Thanks again 

Pop the following back in an e-mail, preferably CC'ing their CEO's office, as they're stalling here:

To whom it may concern,

I wish to formally complain about the service I have received from your Customer Service department regarding a recent Section 75 claim I have made, in relation to Onthebeach.

(Brief description of the current situation and bits of everything you have explained here)

Onthebeach are still trading, and this is therefore fully outside the scope and remit of ATOL. I am therefore unable to claim from ATOL, which is a fund set up specifically to deal with the insolvency of Tour Operators.

If I have not received full payment by Friday 18 December, I will refer this matter to the courts, naming (Insert legal name of who your credit agreement is with) and On The Beach Limited as co-defendants, without further reference to you, which may increase your liability to costs.

In accordance with FOS guidance, this complaint will be referred to them on 3 February 2021 regarding your account handling process, which they can look into as this in itself will not be subject to any legal action.

Many thanks

(Your name).

(Adjust dates as necessary, give 2 weeks to refund and 40 working days for FOS.)

Many thanks yet again, I will update you with any response.

👍🏼

Hi, 

I have just had a reply from CC company stating that my section 75 claim has been rejected. 

So to summarise they state that the flights still went ahead (which I am obviously aware of) and that the partial refund (for accommodation) from OTB was a gesture of good will.

can you advise where o should go from here ? 

Many thanks.

CKhalvashi

ico99 said:

ico99 said:

CKhalvashi said:

ico99 said:

Hi guys,

I have made the initial contact with my CC company and have provided them with all documentation including info on the package travel Directive. 

Today I have received this response:

Ø  Card holder need to claim under ATOL,and provide negative response letter from bonding authority


can you guys shed any light on this ? 

Thanks again 

Pop the following back in an e-mail, preferably CC'ing their CEO's office, as they're stalling here:

To whom it may concern,

I wish to formally complain about the service I have received from your Customer Service department regarding a recent Section 75 claim I have made, in relation to Onthebeach.

(Brief description of the current situation and bits of everything you have explained here)

Onthebeach are still trading, and this is therefore fully outside the scope and remit of ATOL. I am therefore unable to claim from ATOL, which is a fund set up specifically to deal with the insolvency of Tour Operators.

If I have not received full payment by Friday 18 December, I will refer this matter to the courts, naming (Insert legal name of who your credit agreement is with) and On The Beach Limited as co-defendants, without further reference to you, which may increase your liability to costs.

In accordance with FOS guidance, this complaint will be referred to them on 3 February 2021 regarding your account handling process, which they can look into as this in itself will not be subject to any legal action.

Many thanks

(Your name).

(Adjust dates as necessary, give 2 weeks to refund and 40 working days for FOS.)

Many thanks yet again, I will update you with any response.

👍🏼

Hi, 

I have just had a reply from CC company stating that my section 75 claim has been rejected. 

So to summarise they state that the flights still went ahead (which I am obviously aware of) and that the partial refund (for accommodation) from OTB was a gesture of good will.

can you advise where o should go from here ? 

Many thanks.

Does this mean that they have formally closed the complaint in addition?

I just need an answer to this question, and I'll re-read the thread quickly and draft a response to get to them accordingly.

Either way, under my interpretation of the rules (and that of many others here), as there were unforeseeable circumstances outside of your control in relation to the FCDO advice, you have a right to your money back as this was an ATOL protected package, and legally the CC company are in the wrong here.