Advice on what I can do about my Paralympic trip being cancelled .....Help please!!

KRgrant

Hi everyone I am after some help please

I booked tickets to the Paralympics in Tokyo in 2020 and stayed with it to travel this year, but they now have been cancelled. I had to book trough an Olympic official travel company. I have been trying to get a refund but keep coming up against excuse after excuse. I have paid half of the amount of the trip and have had confirmation of the refund to the events by email and how much I will get back when it is processed by Tokyo. The flights seem to be the issue and as they are still valid flights apparently I am not entitled to a refund unless they change. I can how ever get a credit note but only for my ticket and not that of my disabled son I was taking to the event but I payed for. I have been told BA will issue a credit note for the both of us but separately, I paid for the whole trip but now  find myself not being able to get my money back even in the form of a credit note. To save me going mad can any give me some advise on how to proceed. I am still to hear about the hotel that has not even been mentioned. I feel like the travel company are trying to keep the money for themselves or is this me being paranoid?

eskbanker

Assuming your booking is a package falling within the remit of the Package Travel Regulations, then the fact that Japan isn't admitting tourists constitutes 'unavoidable and extraordinary circumstances' warranting cancellation and a full refund, even if the flights are still operating (which is irrelevant if you're not allowed to use them).  Your card company may be able to help via chargeback or section 75 if you paid by card and the travel company are being uncooperative - which travel company is it?

sheramber

It sounds like you have booked accommodation and event tickets with  the travel company   and flights with BA as the BA terms that you have  said apply to you cancelling a flight only booking when the flight is going ahead.

https://www.britishairways.com/en-gb/information/incident/coronavirus/vouchers-refunds#cancel

Does the booking have to be made in your name?

The voucher allows you to make a future booking in the name of the person on the original ticket. If you had multiple bookings each person will receive their own voucher to use. The voucher is non-transferable.

 

KRgrant

@eskbanker the company is Nirvana Europe Ltd

eskbanker

KRgrant said:

@eskbanker the company is Nirvana Europe Ltd

In which case their terms applicable to this booking are presumably those published at https://www.nirvanaeurope.com/en/booking-terms-conditions

These include

"Package Booking" includes all bookings you make with us other than Hotel Bookings.

which implies that you're likely to have a package for the purposes of the Package Travel Regulations, which is good news as these offer you plenty of protection.

In particular, if your provider cancels the booking then you have a legal right to a full refund under regulation 13.

Likewise, if the provider makes a significant change to the booking (such as removing event tickets) then you have a legal right to a full refund under regulation 11.

And regulation 12 grants you cancellation and full refund rights if Nirvana's clause 25.4 applies, such as where you're not allowed to enter the destination country:

25.4        You may cancel your break due to Unavoidable and Extraordinary Circumstances occurring at the place of destination or its immediate vicinity and which significantly affect (a) the performance of the package or (b) the carriage of passengers to the destination, without liability for cancellation charges.

In each case, regulation 14 mandates that such refunds must be made within 14 days.

So, worth spending time familiarising with the regulations and the booking Ts & Cs, and constructing your full refund argument accordingly, depending on which scenario fits your circumstances most closely....

And failing that, if you paid by debit or credit card then your card company should be able to assist, or your travel insurer should cover any unrecovered losses, or you'd ultimately have the right to take the company to court, so you have options!

KRgrant

They are saying they won't refund as the flights are still in place and in there terms they can only refund them if they are changed or cancelled. 
So looking as if i will have to try the credit card company but i paid some time ago. is there a time frame on what they will look at?

eskbanker

KRgrant said:

They are saying they won't refund as the flights are still in place and in there terms they can only refund them if they are changed or cancelled.

That answer might hold water if you'd booked flights separately, but if you booked flights together with tickets and/or accommodation then it should constitute a package booking, which then gives you the above rights under the Package Travel Regulations.  How was the booking constructed, i.e. was it one overall booking or multiple individual arrangements made separately?  Did you receive an ATOL certificate?

KRgrant said:

So looking as if i will have to try the credit card company but i paid some time ago. is there a time frame on what they will look at?

For chargeback the claim has to be within 120 days of the expected date of travel, but section 75 has no such limit (but is only likely to apply if it was a package booking).

KRgrant

The bit they are using in there T&C's is

26.5        If any air arrangements included in your booking with us are altered due to Unavoidable and Extraordinary Circumstances (as defined in Section 9), we reserve the right (where possible) to re-book you and any other members of your group on a suitable alternative flight or air carrier. We cannot guarantee that the routing or type or seating plan of the aircraft utilised will be the same as originally booked.

I would have thought though as i booked a package deal with them if any part of the package was cancelled it all should be.

This is becoming a nightmare

eskbanker

KRgrant said:

The bit they are using in there T&C's is

26.5        If any air arrangements included in your booking with us are altered due to Unavoidable and Extraordinary Circumstances (as defined in Section 9), we reserve the right (where possible) to re-book you and any other members of your group on a suitable alternative flight or air carrier. We cannot guarantee that the routing or type or seating plan of the aircraft utilised will be the same as originally booked.

I would have thought though as i booked a package deal with them if any part of the package was cancelled it all should be.

This is becoming a nightmare

That makes no sense - if they're saying they can't refund because the flights are going ahead then why would they point to a clause about flights not going ahead?

KRgrant

I have just read this 

26.2        Most changes are minor and we will advise you of them at the earliest possible date. Occasionally, we have to make a "significant change" and we will tell you of any such change as soon as reasonably possible. Examples of a significant change include, but are not limited to, change of date of the sporting break, change of venue of the sporting break, change of the sporting event itself or the removal of certain elements of the sporting break. If we make a significant change to your break or cancel your break, we will offer you the choice of the following options:

(a)          accepting the changed arrangements (with a price reduction if appropriate); or

(b)          purchasing an alternative break from us, if available. (We will try to offer you an alternative break of equivalent or higher standard for which you will not be asked to pay any more than the price of the original break. If we can only offer you an alternative which is cheaper than the original one, we will refund the price difference); or

(c)           cancelling (or accepting our cancellation) in which case you will receive a full refund of all monies you have paid to us.

So I can accept option 3 ? I do not get why I cant get a refund!

It makes no sense the more I read it

Thanks for the help by the way @eskba@eskbanker

KRgrant

Thanks @eskbanker even