Frustrated Contract

kellywilsonjames

Hi all
I’m being told by my travel agent that I won’t get a full refund for my holiday as we have a frustrated contract. They are saying that as the English border is open, I’m not entitled to a full refund and want to charge me extortionate cancellation costs. I am of the view that seeing as it’s illegal to travel for non essential travel, I should receive a full refund - has anyone else been told this?
thanks
kelly 

[Deleted User]

It very much depends on what you've booked and whether those services are still operating.

There shouldn't be any extortion used in the cancellation fees, just those laid out in the contract.

sheramber

More details needed as to why  the contract is frustrated.
What is the booking?
Is it a package tour, flight only or accommodation only?
When is it for as holidays are not possible at present?

kellywilsonjames

It’s a package holiday and I’m due to go on the 14th March - when it’s illegal to travel

eskbanker

Who is the package organiser?  Most that are run by reputable tour operators will be cancelled with refunds to customers, but those put together by a cheap online travel agent usually involve more of a fight.

Westin

+1 as above. 

Another option might be a claim via travel insurance if you are not permitted to travel.

kellywilsonjames

The company are called Luxtripper and I can assure you it’s not a cheap online agent. I will speak to my insurance company but I’m concerned that other people aren’t getting their money back too - I’m pretty positive they are not behaving as they should be

superbigal

Is the flight still scheduled ? Is the accommodation still operating ?  I am assuming this is to the Maldives and British airways and Qatar Airways still seem to be operating

bagand96

From their Coronavirus FAQ's  Terms and Conditions - Luxtripper

What are my rights if the UK Government has restricted travel?

(This is the current situation for the UK as of 5th January 2021)

If your holiday is affected by UK Government restrictions but the holiday is still operating, we will work with you to change your date and minimise costs. If you are unable to change dates or do not wish to change dates, we would recommend opting for a voucher covering the original cost of your booking. Alternatively, we can look at options for a partial refund. 

Luxtripper has waived all cancellation fees for any holiday affected by the Covid-19 pandemic. However, customers may still be subject to supplier cancellation fees and other non-recoverable costs, although we will try and help keep these to a minimum.

If I am impacted by the UK Government restricting travel, why am I am not eligible for a full refund?

Although the UK Government is currently imposing restrictions on travel, the borders are not shut as there are legally permitted reasons for individuals to still travel. If your holiday is still operating, we are following the legal position known as the contract being “frustrated”. This specifies that customers are permitted a refund, minus any supplier fees and non-recoverable costs. 

Should you choose to request a refund, we will work to help you keep these costs to a minimum. However, we would also recommend that you contact your travel insurers to ascertain if the deducted costs may be claimed with them. We will assist you in this process if you require any proof for your insurer to facilitate our claim.

Not a great position to be honest, many companies have done far better than that.  Funnily enough they aren't ABTA members, as ABTA's position is customers should be refunded.

Have they provided you a breakdown of the cancellation costs? I guess they will suggest flights will be non-refundable etc.

eskbanker

Mixed reviews on previous threads:
https://forums.moneysavingexpert.com/discussion/6240162/luxtripper-trip-to-sri-lanka-late-march-2021
https://forums.moneysavingexpert.com/discussion/5868640/has-anyone-used-luxtripper

Their Covid page does suggest that they're not refunding in full if "the holiday is still operating", and claim the right to withhold unrecoverable monies paid to suppliers:

What are my rights if the UK Government has restricted travel?

(This is the current situation for the UK as of 5th January 2021)

If your holiday is affected by UK Government restrictions but the holiday is still operating, we will work with you to change your date and minimise costs. If you are unable to change dates or do not wish to change dates, we would recommend opting for a voucher covering the original cost of your booking. Alternatively, we can look at options for a partial refund. 

Luxtripper has waived all cancellation fees for any holiday affected by the Covid-19 pandemic. However, customers may still be subject to supplier cancellation fees and other non-recoverable costs, although we will try and help keep these to a minimum.

If I am impacted by the UK Government restricting travel, why am I am not eligible for a full refund?

Although the UK Government is currently imposing restrictions on travel, the borders are not shut as there are legally permitted reasons for individuals to still travel. If your holiday is still operating, we are following the legal position known as the contract being “frustrated”. This specifies that customers are permitted a refund, minus any supplier fees and non-recoverable costs. 

Should you choose to request a refund, we will work to help you keep these costs to a minimum. However, we would also recommend that you contact your travel insurers to ascertain if the deducted costs may be claimed with them. We will assist you in this process if you require any proof for your insurer to facilitate our claim.

What's the situation in your destination country?  If they're not accepting travellers from the UK, for example, this should trigger the 'unavoidable and extraordinary circumstances' provisions within the Package Travel Regulations, which would give you full refund rights.

Alternatively you might wish to contact the CMA, who assert that companies should refund in such circumstances, based on their understanding of the legal position, and have secured assurances from some reluctant companies accordingly.

kellywilsonjames

Thank you everyone.
the hotel is still operating but I cannot see if the flight is going ahead as when I log into Qatar airlines it says my booking cannot be found... so I’m not sure if someone has cancelled it.
I will be contacting the CMA as this is a situation that cannot continue and the proposed money loss is too great.