Have I been missold my holiday?

eskbanker

NoodleDoodleMan said:

During the Covid travel dramas I asked ABTA to define a package holiday because a certain well known tour operator was hesitant to do so in respect of a flight and hotel reservation I had booked with them without transfers.

I may have their response letter somewhere - they replied that if you have any two of these three fundemental elements then that constitutes a recognised package deal.

It obviously depends on the context, but I'd have thought that in general the significance of defining a package is whether or not the arrangement is covered by the Package Travel Regulations, and so the definitive legal definition is that given in articles 2(5) and 2(6):

(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.

https://www.legislation.gov.uk/uksi/2018/634/regulation/2/made

NoodleDoodleMan

There you go - the definitive version crosses the t's and dots the i's etc.

DullGreyGuy

NoodleDoodleMan said:

There you go - the definitive version crosses the t's and dots the i's etc.

But its equally irrelevant as the OP is trying to reclaim transfer costs which the OP openly admits their booking didn't include because they were more than they thought as they constructed a package made up of flights to one island and a hotel in another. 

Package or not the law doesn't say a package has to cover transfer between islands when the booking explicitly states transfer isnt covered and there are multiple warnings you are booking across two islands

monkeyballs_2

DullGreyGuy said:

NoodleDoodleMan said:

There you go - the definitive version crosses the t's and dots the i's etc.

But its equally irrelevant as the OP is trying to reclaim transfer costs which the OP openly admits their booking didn't include because they were more than they thought as they constructed a package made up of flights to one island and a hotel in another. 

Package or not the law doesn't say a package has to cover transfer between islands when the booking explicitly states transfer isnt covered and there are multiple warnings you are booking across two islands

There was no obvious warnings at the time I booked. I went on LM found a short break to caleta de Fuste, flights was included so I didn't have to find flights.. LM should of highlighted the fact that accommodation was another island. 

Pollycat

monkeyballs_2 said:

DullGreyGuy said:

NoodleDoodleMan said:

There you go - the definitive version crosses the t's and dots the i's etc.

But its equally irrelevant as the OP is trying to reclaim transfer costs which the OP openly admits their booking didn't include because they were more than they thought as they constructed a package made up of flights to one island and a hotel in another. 

Package or not the law doesn't say a package has to cover transfer between islands when the booking explicitly states transfer isnt covered and there are multiple warnings you are booking across two islands

There was no obvious warnings at the time I booked. I went on LM found a short break to caleta de Fuste, flights was included so I didn't have to find flights.. LM should of highlighted the fact that accommodation was another island. 

This seems to be going round in circles.

Ayr_Rage said:

monkeyballs_2 said:

Just think lastminute should of made it very clear that the accommodation was on another island

They did as far as I can see with their message on the website when you booked, which you obviously missed at the time.

bagand96

monkeyballs_2 said:

DullGreyGuy said:

NoodleDoodleMan said:

There you go - the definitive version crosses the t's and dots the i's etc.

But its equally irrelevant as the OP is trying to reclaim transfer costs which the OP openly admits their booking didn't include because they were more than they thought as they constructed a package made up of flights to one island and a hotel in another. 

Package or not the law doesn't say a package has to cover transfer between islands when the booking explicitly states transfer isnt covered and there are multiple warnings you are booking across two islands

There was no obvious warnings at the time I booked. I went on LM found a short break to caleta de Fuste, flights was included so I didn't have to find flights.. LM should of highlighted the fact that accommodation was another island. 

It's hard to know how to give advice to proceed without knowing more on exactly how you found the deal. You've said you searched for "4 day break in the sun" and then found this deal on lastminute.com

It's almost certain that during the booking/checkout process LM would have shown the Hotel/Resort as well as the flights STN-ACE so they'll argue you knew what you were booking.

LM's data on your booking suggests you were shown a message about the flights being to a different island. You say you weren't shown this.

Transfers are a red herring as the PTR's do not require transfers to be included in a package. The PTR's do not even require a package to include flights to the nearest airport, an airport on the same island, or even in the same country.

I agree with the poster above that at.this point it goes round in circles and I'm not sure you have any options for recourse that would be succesful unfortunately. 

NoodleDoodleMan

DullGreyGuy said:

NoodleDoodleMan said:

There you go - the definitive version crosses the t's and dots the i's etc.

But its equally irrelevant as the OP is trying to reclaim transfer costs which the OP openly admits their booking didn't include because they were more than they thought as they constructed a package made up of flights to one island and a hotel in another. 

Package or not the law doesn't say a package has to cover transfer between islands when the booking explicitly states transfer isnt covered and there are multiple warnings you are booking across two islands

I was simply clarifying what ABTA defines as a package holiday, nothing more, nothing less.

Eskbanker kindly provided the specific details.

If I've read and understood the criteria, a package deal can be flights and accommodation booked together through the same travel operator - no need for transfers to be part of the equation.

The OP of course has no grounds to reclaim transfer costs, even if on the same island, as he hadn't booked them at any point.

monkeyballs_2

bagand96 said:

monkeyballs_2 said:

DullGreyGuy said:

NoodleDoodleMan said:

There you go - the definitive version crosses the t's and dots the i's etc.

But its equally irrelevant as the OP is trying to reclaim transfer costs which the OP openly admits their booking didn't include because they were more than they thought as they constructed a package made up of flights to one island and a hotel in another. 

Package or not the law doesn't say a package has to cover transfer between islands when the booking explicitly states transfer isnt covered and there are multiple warnings you are booking across two islands

There was no obvious warnings at the time I booked. I went on LM found a short break to caleta de Fuste, flights was included so I didn't have to find flights.. LM should of highlighted the fact that accommodation was another island. 

It's hard to know how to give advice to proceed without knowing more on exactly how you found the deal. You've said you searched for "4 day break in the sun" and then found this deal on lastminute.com

It's almost certain that during the booking/checkout process LM would have shown the Hotel/Resort as well as the flights STN-ACE so they'll argue you knew what you were booking.

LM's data on your booking suggests you were shown a message about the flights being to a different island. You say you weren't shown this.

Transfers are a red herring as the PTR's do not require transfers to be included in a package. The PTR's do not even require a package to include flights to the nearest airport, an airport on the same island, or even in the same country.

I agree with the poster above that at.this point it goes round in circles and I'm not sure you have any options for recourse that would be succesful unfortunately. 

Thanks for all your comments. An expensive and valuable lesson learned, this will teach me to double check everything before booking

jimi_man

TadleyBaggie said:

I’ve never booked a package holiday that didn’t include transfers. That alone would have made suspicious. 

BA holidays don’t include transfers. Not sure I’d find that particularly suspicious. 

strawb_shortcake

I don't think Tui city breaks include transfers as standard. 

One day the OP will look back at this and see the funny side hopefully