Lux Tripper Refund

Suzie_McAneney

Hi Everyone - my first time posting in this forum so I'm hoping someone might be able to help / offer some advice! We got married last year, and had booked a honeymoon through luxury travel company Lux Tripper to Bali - flights and accommodation.  We were in a payment plan with them, but once COVID-19 hit we paused the payments as we were concerned about the likelihood of actually going and concerned about loosing more money.  We had already paid £2,300 at this point, with a remaining £1,900 to be paid originally in November 2020 with the holiday due to go in January 2021.  We heard radio silence for months, had our wedding and contacted them in December time to enquire about the booking.  Long story short the holiday was cancelled as the boarders were closed as was all travel. We agreed to look at putting the money into another holiday but again heard radio silence for months.  After many emails, phone calls with different agents we got through to Credit Control.  We have been so badly burnt we don't really want to pursue with this company anymore, they have now said that we can either take a new holiday (they did apologise for not sending this through) or we will incur a cancellation fee of £1,900 as we hadn't paid due to the original terms of the agreement.  We were not aware nor was it communicated to us in November that we needed to pay the full amount or that we would incur these charges and effectively loose all our money, if we had of known of course we would have paid the full amount.  Our understanding was the booking was cancelled as it was impossible for us to travel. I feel so helpless about this whole situation and don't know what to do we could take the holiday but my concern is that we pay even more money and end up in the same situation.  Has anyone had a similar experience or can offer some advice?  I'm presuming our money is effectively gone, I have asked several times in writing can they confirm this won't happen again if we meet all payment terms but they aren't responding to me again.  I'm honestly at my wits end with this!  Any help would be great.  Thanks, Suzie 

Caz3121

This will likely come down to whether the holiday was cancelled by them before the final payment was due. If it had not been cancelled at that point and you did not pay the balance then the t&cs would apply

3. Paying for Your Holiday

3.1 When you make your booking you must pay an initial deposit plus a further payment(s) which will be advised to you prior to booking and will also be found at the bottom of your quote.

3.2 The balance of the price of your travel arrangements must be paid at least 12 weeks before your departure date.

3.3 If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit in addition to any non-refundable supplier charges we have advised you of prior to booking. 

https://www.luxtripper.co.uk/legal/page/booking-terms-conditions

Suzie_McAneney

Thank you so much for this, this is really helpful!  We weren't informed of the cancellation but at that point in November it would have been impossible for us to travel because of COVID-19.  We are based in Ireland and at that time we couldn't travel or get out of the country which I assume would fall under extraordinary circumstances?

7. If we cancel your booking

7.1 We reserve the right to cancel your booking. We will not cancel less than 30 days before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance.

7.2 Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. 

7.3 If your holiday is cancelled you can either have a refund of all monies paid or accept an alternative holiday of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value).

7.4 In the event a refund is paid to you, we will pay compensation as detailed below except where the cancellation is due to unavoidable and extraordinary circumstances (see definition above). 

Upsidedownandaround

Unfortunately if you have not made payment as per the terms of the contract then it  will be deemed as you that has cancelled the holiday as per the terms you agreed to.

Are they allowing you to use the £1,900 as deposit towards a new holiday? If they are I think this is the best you will get and only option.

sheramber

We weren't informed of the cancellation but at that point in November it would have been impossible for us to travel because of COVID-19.  We are based in Ireland and at that time we couldn't travel or get out of the country which I assume would fall under extraordinary7. If we cancel your booking
You were informed in th terms and conditions which you should have read before you booked.
The fact that you couldn't travel is nothing to do with the travel company. That would be a claim on your travel insurance if you had cover for that- not all policies did have cover as many have found out to their cost.
7. If we cancel your booking
By not paying the balance  in November you effectively cancelled the holiday then so the above clause doesn't apply if they cancelled  after that date  
Allowing you to use the money for another holiday is a goodwill gesture.
 
 

Suzie_McAneney

Okay thanks everyone for the feedback, good to have all this info - much appreciated!

ryan7

Suzie_McAneney said:

Okay thanks everyone for the feedback, good to have all this info - much appreciated!

How did you get on?