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

KRgrant

I only booked with Nirvana. I was NOT redirected to any sites to book anything at all. There is only 1 booking reference for the whole trip. The only money I have paid is to them directly for the deposit. I have 1 ATOL certificate that lists everything on it for the trip again with only 1 booking reference. Obviously the same number. 

So to me that is a package booking plain and simple. 

Please correct me if I am wrong. 


Again thanks for everything everyone is doing. 

I have sent them an email saying I want a refund siting the 14 days as mentioned above. I should get a reply tomorrow and will see what they say. 

KRgrant

Ps even the transfer from airport to hotel was arranged by Nirvana. 

sheramber

They are quoting BA's refund terms so are treating it as additional services and have listed  it as that on the ATOL certificate.

What options for flights did you get?

eskbanker

sheramber said:

They are quoting BA's refund terms so are treating it as additional services and have listed  it as that on the ATOL certificate.

Granted it's not an entirely consistent message but Nirvana certainly wouldn't be the first agent to try to obfuscate and claim that responsibility for flight refunds is dependent on airline policies, as seen with the likes of Loveholidays, Onthebeach, Lastminute, etc, but if the flights were booked with Nirvana rather than directly with BA, and included in the single booking invoice, etc, then it certainly appears to be a (flight-inclusive) package within the scope of the PTRs, on the basis that "those services are combined by one trader [...] before a single contract on all services is concluded".

sheramber

Yes, it looks like they are trying to opt out. How many people would take notice of the 'additional services' on the ATOL certificate pr question what it means when they consider they booked a package holiday.

KRgrant

I picked what day and what class I wanted to fly and they did the rest 

KRgrant

Morning all a quick update on my predicament here is the reply I got back today from them after I sent my email giving them 14 days notice.

Firstly, let me thank you for your patience as we attempt to deal with the issue and anomalies that continue to result from the coronavirus pandemic.

We are doing our very best to resolve your problem but as you can imagine international travel and events are still subject to significant change on a daily basis.

Looking into the circumstances of your booking, it is clear that the issue doesn’t relate to the ground package and we will be providing you with a  refund of £467.00 from the £520.00 paid, We have unavoidable costs due to bank and credit card charges, supplier and partner administration fees so will retain £52.00.

However, the flights are proving to be a problem as British Airways is currently still operating the scheduled Tokyo service, therefore we are bound by their policy relating to customers wishing to make a ticket change.

If the flight is operating to the published timetable at the time of booking, then BA will only offer a credit voucher to be used for future travel on their network up to April 2023.

I realise that a voucher was an acceptable option for you, however BA were unwilling to change the passenger name on the ticket, this is in line with their booking terms.

I realise how frustrating this will be but we are tied contractually to the terms of the carrier. In this case BA will only issue a full cash refund if the fight is cancelled or the schedule is subject to significant change.

We really want to assist in any way we can with this situation and would certainly help you secure any future BA flights for you using this voucher.

We are continuing to communicate with the airline on your behalf, however as long as the schedule remains unchanged they are staying firm with their terms and conditions.

If the voucher is not acceptable, the only other option is to wait and see if the schedule does significantly change and BA issues a full cash refund. To be on the safe side we would suggest waiting until 23 August to see if there is a change made to the service, however there is no guarantee that this will happen. Clearly on 23 August a decision needs to be made to protect the voucher.

We will monitor the situation for you and keep you updated.

I hope this helps to explain the situation and I just want to reiterate that we are committed to help in any way we can to try and resolve this situation and get the best possible outcome for you.

Kindest Regards

Helen

They are still trying to say the flights are separate service when I have gone back to my confirmation email (which I will put up in next post) I have noticed it also says separate services on there but probably unfortunately for me  didn't realise it states it on there as well :-(

KRgrant

BOOKING CONFIRMATION FOR 2020 Summer Paralympics, Tokyo (Rescheduled to 2021)

Dear Kevin xxxxxx

Thank you for your booking placed with Nirvana Europe. Please take a moment to check the booking details below.

If you have any questions or if any of the details are incorrect or you wish to change any element, please do not hesitate to contact us on 0191 257 1750 (office opening times 9am - 5pm, Monday - Friday).

Booking Details

Event 2020 Summer Paralympics, Tokyo (Rescheduled to 2021) Event Date 24/08/2021
Lead First Name Kevin Lead Last Name xxxxxxxxxxxxxxx Address Line 1 xxxxxxxxxxxxxxx Town / City xxxxxxxxxxxxxx Postcode xxxxxxxxxx Country xx Tel Nox Email Address ke**********************.com
Reference No. B********8 Booking Type Package

Package Details

Name Complete Ground Package – S***************Hotel Entry Slot Included No Event Transfer Included No Contracted Flight Included No

Packaged Accommodation Details

Name S*************************** Hotel Address 3 C**************************ku, Tokyo,***********0**, Japan
Room 1 Room Type Double/Twin Room (2 guests sharing) Meal Basis Bed & Breakfast	Assigned To Kevin xxxxxxxxxxx : 01/09/2021 - 15/09/2021 Andrew xxxxxxxxxxx: 01/09/2021 - 15/09/2021

Packaged Services

Airport Transfer Narita or Haneda Return Airport Transfer Service

Assigned To Kevin xxxxxxxxxxxx Andrew xxxxxxxxxxx

Additional Services

Flight No / Class BA5 / Premium Economy Departure LHR: ******************* Arrival HND: *******************	Assigned To Kevin xxxxxxxxxxxx Andrew xxxxxxxxxx
Flight No / Class BA6 / Premium Economy Departure HND: ******************* Arrival LHR: ********************	Assigned To Kevin xxxxxxxxxxxxx Andrew xxxxxxxxxxx

Customer Notes

Booking Notes Booked **************

Booking Breakdown

Total Booking Cost £ 6************0 Total Paid to Date £ 3,************0 Total Outstanding Balance £ *************0 Balance Due Date ***************1

For Bookings made more than 12 weeks before the event, you pay a NON-REFUNDABLE DEPOSIT. For booking made within 12 weeks of the event, the value of the booking will be payable immediately. ALL PAYMENTS ARE NON-REFUNDABLE, so cancellation insurance is recommended. Where the deposit was originally made by credit/debit card the balance will be taken automatically on the Balance Due Date, unless a cheque/BACS Transfer is received for the balance, before the due date. No other invoice will be raised for the balance.

Your Financial Protection Nirvana Europe Ltd, ATOL Number *******

When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.

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If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

Nirvana Europe Ltd, ABTA Number Y1059

Book with Confidence. We are a Member of ABTA which means you have the benefit of ABTA's assistance and Code of Conduct. We provide financial protection for your money when you buy a package holiday. If you buy other travel arrangements such as accommodation only this protection doesn't apply. For more information, please click the following link: http://abta.com/go-travel/before-you-travel/travel-tips/financial-protection-1.

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For the avoidance of doubt you are not purchasing an individual policy. Nirvana’s policy can cover your event entry fees on the following basis.

Where you opted-in to include cover for event entry fees, you now have cover should you not be able to attend your event due to a specified reason, such as:

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KRgrant

@eskbanker
@sheramber
As you have both had a look at this now and a value your input do you think it is now worth contacting my credit card company or am I totally at the hands of them praying for a refund :-( to happen.

eskbanker

They are clearly trying to assert that you booked a package and separately some flights, but I don't believe that position is tenable, based on the PTRs definitions quoted earlier, so yes, I think it's time to initiate a chargeback via the card company, making it clear that you dispute Nirvana's interpretation and seeking a full refund.

By the way, you've left far too much identifying information in the above post (names, email address, booking reference, etc), so worth redacting more of it....