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

KRgrant

The reply on my email is the below

As part of our Terms and Conditions we are able to provide a full refund on any recoverable monies. As it stands the Flights are still live and due to go ahead which mentioned before I am monitoring as if the airline make any significant change or cancel we can then apply for a refund.

 

Alternatively they will provide a credit voucher to book new flights on their network up until April 2023.

 

As the flights are still set to depart on the 31st August we have some time where we can monitor these before making the decision on the credit note.

 

The management team are currently working with suppliers on refunds from the accommodation and Tickets and an update will be going out soon to advise the time scale

eskbanker

Assuming it's a package booking (and it remains critical to establish whether or not this is the case), then in the event of significant change they're legally obliged under the PTRs to refund you (if that's your preferred option) within 14 days, end of.  Not when (or if) they recover money from their suppliers....

If this is the case then it may be worth replying along the lines of 'please confirm that you will fulfil your legal obligations by refunding in full within 14 days' and if they fail to do so then initiate the chargeback via your credit card company.

KRgrant

@eskbanker Yes I booked it as a package deal with them. Tickets - Hotel - Flights and transfers

eskbanker

KRgrant said:

@eskbanker Yes I booked it as a package deal with them. Tickets - Hotel - Flights and transfers

Presumably confirmed with an ATOL certificate stating this?

In which case, it would seem sensible to reply to them asserting your right to a full refund under clause 26.2(c) - even though their Ts & Cs are silent on timing, they can't escape their obligations to do so within 14 days under the PTRs anyway, so no harm in giving them 14 days.  The 14 days should actually already have started when they notified you of the significant change and you chose not to accept any proposal other than a full refund....

KRgrant

I have an ATOL certificate that states the whole trip on it yes

KRgrant

Booking Type Package

Package Details

does state flights as additional services 

not sure if that changes anything?

eskbanker

KRgrant said:

Booking Type Package

Package Details

does state flights as additional services 

not sure if that changes anything?

The first line seems self-explanatory but difficult to tell what the 'additional services' reference actually means - if the flights were included within a single booking reference, all itemised on the same invoice, etc, then it shouldn't affect anything, but you might wish to evaluate your documentation against the definition of 'package' in the PTRs:

(5) In these Regulations, subject to paragraph (6), a “package” means a combination of at least two different types of travel services for the purpose of the same trip or holiday, if—

(a) those services are combined by one trader, including at the request of, or in accordance with, the selection of the traveller, before a single contract on all services is concluded; or

(b) those services are—

(i) purchased from a single point of sale and selected before the traveller agrees to pay,

(ii) offered, sold or charged at an inclusive or total price,

(iii) advertised or sold under the term “package” or under a similar term,

(iv) combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services, or

(v) purchased from separate traders through linked online booking processes where—

(aa) the traveller’s name, payment details and e-mail address are transmitted from the trader with whom the first contract is concluded to another trader or traders, and

(bb) a contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service,

irrespective of whether the traveller concludes separate contracts with one or more travel service providers in respect of the services.

(6) A combination of travel services where not more than one type of travel service of the kind listed in paragraph (a), (b) or (c) of the definition of “travel service” is combined with one or more tourist services of the kind listed in paragraph (d) of that definition is not a package if the latter services—

(a) do not account for a significant proportion of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the combination; or

(b) are selected and purchased after the performance of a travel service of the kind listed in paragraph (a), (b) or (c) of the definition of “travel service” has started.

KRgrant

It is all under 1 booking reference and bought from the same company
the ATOL sheet I have lists all parts including the flights
So to me then the flights are part of the package and regardless of them stating additional services would be included as per the terms above.

Thanks for the help it is very much appreciated
  

sheramber

but difficult to tell what the 'additional services' reference actually means -

Assuming it is with Nirvana Travel it is explained  in the terms and Conditions.

Section C – Applicable only to Package Bookings


 23.3        You can make bookings for car hire, transfers, bike transport, airport parking and equipment hire, insurance and flights with some leading travel providers using our links to the websites of these providers in the Additional Services section of our website. Please see our Terms of Use, which apply in relation to the third-party websites listed. Any bookings you make with these providers are made directly with the providers via their websites. They do not form part of your booking with us and are governed by the terms and conditions of the third-party provider which are on the website of the provider or available from the provider on request. We do not have any liability whatsoever in relation to any services that you book with these third-party providers.

 

eskbanker

sheramber said:

but difficult to tell what the 'additional services' reference actually means -

Assuming it is with Nirvana Travel it is explained  in the terms and Conditions.

Section C – Applicable only to Package Bookings


 23.3        You can make bookings for car hire, transfers, bike transport, airport parking and equipment hire, insurance and flights with some leading travel providers using our links to the websites of these providers in the Additional Services section of our website. Please see our Terms of Use, which apply in relation to the third-party websites listed. Any bookings you make with these providers are made directly with the providers via their websites. They do not form part of your booking with us and are governed by the terms and conditions of the third-party provider which are on the website of the provider or available from the provider on request. We do not have any liability whatsoever in relation to any services that you book with these third-party providers.

The way I read that (the bolded wording in particular), it would only be relevant if OP was directed to the BA website when buying the package, and booked flights separately there directly with BA, which, if true, would certainly have merited a mention earlier in the thread!  I presume that the incongruous mention of flights in this clause would typically apply if, for example, making a short side excursion while on a holiday, rather than the transportation to the primary destination....