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HELP with FCO Advice

13»

Comments

  • Josie1996
    Josie1996 Posts: 9 Forumite
    First Post
    May I ask - what was the FCO advice on travel to Sir Lanka on the day you made the reservations ?
    It was business as usual - we actually booked it 2 1/2 years ago and have moved it once due to covid 
  • Bicycleman22
    Bicycleman22 Posts: 123 Forumite
    Fourth Anniversary 100 Posts
    This is clearly a who blinks first situation Just like the holidays at the start of Covid with Ryanair flying so  that in the eyes of certain travel agents the holiday was happening. Here they are hoping you cancel and take the hit and at the moment they hold all the cards...Sounds like you wont be going whatever happens so weigh up the cost of cancelling now, or in a couple of weeks time and lay that against the gamble they wont be flying into the country.
  • NoodleDoodleMan
    NoodleDoodleMan Posts: 4,437 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    Josie1996 said:
    May I ask - what was the FCO advice on travel to Sir Lanka on the day you made the reservations ?
    It was business as usual - we actually booked it 2 1/2 years ago and have moved it once due to covid 
    Sorry - I should also have asked which airline ?
    If the carrier cancels then the hotel booking cannot be honoured by the supplier.
    As alluded to above - they appear to be waiting out in the hope travellers cancel first.
    You would assume a responsible airline would cancel flights during a State of Emergency and curfew etc.


  • Josie1996
    Josie1996 Posts: 9 Forumite
    First Post
    Josie1996 said:
    May I ask - what was the FCO advice on travel to Sir Lanka on the day you made the reservations ?
    It was business as usual - we actually booked it 2 1/2 years ago and have moved it once due to covid 
    Sorry - I should also have asked which airline ?
    If the carrier cancels then the hotel booking cannot be honoured by the supplier.
    As alluded to above - they appear to be waiting out in the hope travellers cancel first.

    You would assume a responsible airline would cancel flights during a State of Emergency and curfew etc.


    Yes, think you are right, we are going to be playing chicken!  What sort of company encourages you to travel to a country in such a state and then refers you to a company for insurance called Battleface - fills you with confidence!

    We are flying with Sri Lankan Airlines, they are obviously desperate to keep the tourists coming in.  Honestly its a nightmare - trip of a lifetime and all that :-(
  • silvercar
    silvercar Posts: 49,967 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Josie1996 said:
    Josie1996 said:
    May I ask - what was the FCO advice on travel to Sir Lanka on the day you made the reservations ?
    It was business as usual - we actually booked it 2 1/2 years ago and have moved it once due to covid 
    Sorry - I should also have asked which airline ?
    If the carrier cancels then the hotel booking cannot be honoured by the supplier.
    As alluded to above - they appear to be waiting out in the hope travellers cancel first.

    You would assume a responsible airline would cancel flights during a State of Emergency and curfew etc.


    Yes, think you are right, we are going to be playing chicken!  What sort of company encourages you to travel to a country in such a state and then refers you to a company for insurance called Battleface - fills you with confidence!

    We are flying with Sri Lankan Airlines, they are obviously desperate to keep the tourists coming in.  Honestly its a nightmare - trip of a lifetime and all that :-(
    I wonder if the airline would consider flying you to an alternative destination? Worth an ask, I know they fly direct to the Maldives.
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  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Josie1996 said:
    Josie1996 said:
    May I ask - what was the FCO advice on travel to Sir Lanka on the day you made the reservations ?
    It was business as usual - we actually booked it 2 1/2 years ago and have moved it once due to covid 
    Sorry - I should also have asked which airline ?
    If the carrier cancels then the hotel booking cannot be honoured by the supplier.
    As alluded to above - they appear to be waiting out in the hope travellers cancel first.

    You would assume a responsible airline would cancel flights during a State of Emergency and curfew etc.


    Yes, think you are right, we are going to be playing chicken!  What sort of company encourages you to travel to a country in such a state and then refers you to a company for insurance called Battleface - fills you with confidence!

    We are flying with Sri Lankan Airlines, they are obviously desperate to keep the tourists coming in.  Honestly its a nightmare - trip of a lifetime and all that :-(
    Just to point out, Battleface is a legitimate insurer who have helped a number of people other insurers wouldn't touch.

    As Silver mentioned, subject to no forthcoming refund on the legislation I mentioned, it may be worth asking if you can fly onwards. Check transit requirements and entry requirements before booking though.
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  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Josie1996 said:
    Josie1996 said:
    May I ask - what was the FCO advice on travel to Sir Lanka on the day you made the reservations ?
    It was business as usual - we actually booked it 2 1/2 years ago and have moved it once due to covid 
    Sorry - I should also have asked which airline ?
    If the carrier cancels then the hotel booking cannot be honoured by the supplier.
    As alluded to above - they appear to be waiting out in the hope travellers cancel first.

    You would assume a responsible airline would cancel flights during a State of Emergency and curfew etc.


    Yes, think you are right, we are going to be playing chicken!  What sort of company encourages you to travel to a country in such a state and then refers you to a company for insurance called Battleface - fills you with confidence!

    We are flying with Sri Lankan Airlines, they are obviously desperate to keep the tourists coming in.  Honestly its a nightmare - trip of a lifetime and all that :-(
    Just to point out, Battleface is a legitimate insurer who have helped a number of people other insurers wouldn't touch.

    I'm not sure the OP was doubting the quality of cover offered by Battleface but talking about the response you get when you hear the only provider that will touch you is a company called Battleface. 

    PS. Battleface is a coverholder not an insurer... they dont identify who the capacity provider is beyond saying they are various syndicates at Lloyds
  • Alan_Bowen
    Alan_Bowen Posts: 4,934 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I am really sorry you find yourself in this dilemma. ABTA insists its members cancel holidays when FCDO advice is against all but essential travel but as has been pointed out Luxtripper isn't a member. I do agree however that this falls within the clear guidance of the Package Travel Regulations clause 12 as there has clearly been an event falling under 12(7) which reads

    in the event of 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,

    the traveller may terminate the package travel contract before the start of the package without paying any termination fee.

    The latest news is that petrol will run out today, food is in very short supply and the country appears to be on the verge of bankruptcy. That may well apply to the airline as well, indeed if that were to stop flying, Luxtripper would have no alternative but to offer you a full refund.

    Reviews of the company are very mixed, Trustpilot would have you believe they are the best thing since sliced bread, google reviews are very different indeed suggesting when things go wrong they simply fail to respond at all. At this stage you should send a clear and concise email, perhaps offer to delay the holiday but make it clear you believe there is now a clear right to cancel and refund and if they do not, you will take legal action.

    They may, if they respond at all, argue they have the right to wait until 'the last flicker of hope' of the holiday continuing has been extinguished, the words are based on an old case involving Travelsphere but a recent case has said the flicker of hope argument no longer applies (Sherman vs Reader Offers) and the test now is whether there is a reasonable possibility of the holiday going ahead and the clear answer to that I think is 'no'

    Best of luck!

  • Ganga
    Ganga Posts: 4,253 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Can you not ask  to defer it to a later date when hopefully things will be better ?
  • Josie1996
    Josie1996 Posts: 9 Forumite
    First Post
    I am really sorry you find yourself in this dilemma. ABTA insists its members cancel holidays when FCDO advice is against all but essential travel but as has been pointed out Luxtripper isn't a member. I do agree however that this falls within the clear guidance of the Package Travel Regulations clause 12 as there has clearly been an event falling under 12(7) which reads

    in the event of 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,

    the traveller may terminate the package travel contract before the start of the package without paying any termination fee.

    The latest news is that petrol will run out today, food is in very short supply and the country appears to be on the verge of bankruptcy. That may well apply to the airline as well, indeed if that were to stop flying, Luxtripper would have no alternative but to offer you a full refund.

    Reviews of the company are very mixed, Trustpilot would have you believe they are the best thing since sliced bread, google reviews are very different indeed suggesting when things go wrong they simply fail to respond at all. At this stage you should send a clear and concise email, perhaps offer to delay the holiday but make it clear you believe there is now a clear right to cancel and refund and if they do not, you will take legal action.

    They may, if they respond at all, argue they have the right to wait until 'the last flicker of hope' of the holiday continuing has been extinguished, the words are based on an old case involving Travelsphere but a recent case has said the flicker of hope argument no longer applies (Sherman vs Reader Offers) and the test now is whether there is a reasonable possibility of the holiday going ahead and the clear answer to that I think is 'no'

    Best of luck!

    Thank you Alan, We are waiting to hear what they  propose today, i have asked them to push back the holiday and price a different one but I think it is going to be an email with concise details of the situation.  I will have a read up on the things you have suggested.  Thank you 
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