Frustrated Contract

Thrugelmir

kellywilsonjames said:

I will be contacting the CMA as this is a situation that cannot continue and the proposed money loss is too great. 

If you've lost no money. Just a few days away from home. 

unforeseen

CMA have only given advice on their interpretation of the law which is not necessarily correct or enforceable. They have no powers to get your money back. 

eskbanker

unforeseen said:

CMA have only given advice on their interpretation of the law which is not necessarily correct or enforceable. They have no powers to get your money back. 

It's not quite as bleak as that - their overall guidance on Covid-related cancellation policies inevitably included the caveat that such high-level statements "should not be regarded as a substitute for, or a definitive interpretation of, the law", but the CMA do have enforcement powers and https://www.gov.uk/government/collections/cma-covid-19-response lists a number of occasions when they've secured binding commitments from companies considered to be in breach of their consumer protection obligations, including a number of holiday providers.

However, it's true that consumers can't seek individual redress via them, so they're not comparable to the likes of ombudsman services, for example....

sheramber

Have you claimed the non refundable costs from your travel insurance?

blindman

kellywilsonjames said:

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. 

Flights
Try to do a flight booking that is the same as yours to see if the flight is still opertaing.

What is the destination?

bagand96

blindman said:

kellywilsonjames said:

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. 

Flights
Try to do a flight booking that is the same as yours to see if the flight is still opertaing.

What is the destination?

That's a good point.  If you can find that the flight is cancelled then you could play devil's advocate:

"Hello luxtripper, I'm getting ready for my luxury trip, can't wait.  I've just tried to reserve seats with Qatar Airways and I can't locate my booking, do you know what's going on?"

"It would appear your flight is cancelled by the airline"

"Ok thanks, but I want to go on holiday so what do we do now?"

"Your holiday can't go ahead with the flight cancelled and the Covid restrictions"

"Oh I see. So you are cancelling my holiday? I will have a full refund please as per the PTR's 2018"


It might not work.  It could really backfire as they might find you alternative flights! (unlikely though).  They could still claim it's a "frustrated" contract.  I think they are at best being disingenuous.  If the flight is cancelled then they will be getting a refund from Qatar so they can hardly claim a big loss there.  Depends on their contract with the hotel but again I wonder how big their losses may actually be.

Did you pay any by credit card? Section 75?

Westin

kellywilsonjames said:

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. 

Double check you are using the airline PNR and not the Luxtripper one.

You could repeat the search for the flight on the Qatar Airline website to see if the flight(s) are available, or provide dates and flight numbers.

kellywilsonjames

The flight is still going, but my booking has disappeared so I have contacted Qatar Airlines and I wait to hear from them. However I have now found out from the hotel that the agent has cancelled my booking with them - does this constitute my holiday being cancelled if the agent has cancelled part of my trip? 

Thanks 

bagand96

How did you pay luxtripper? 

kellywilsonjames

bagand96 said:

How did you pay luxtripper? 

Via credit card - but they cannot recall the funds until after the intended departure date otherwise it could look like we have cancelled the holiday