Have I been missold my holiday?

bagand96

monkeyballs_2 said:

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

Its only my own opinion, and I'm just some random on an Internet forum! I think the only possible recourses would be credit card S75 or court. LM and Bravonext are based abroad making court action difficult. And in any event they'd give the same defence they've given to you about the pop up message.

eskbanker

bagand96 said:
LM and Bravonext are based abroad making court action difficult.

https://www.lastminute.com/terms/terms-and-conditions.html#dp_contract

The contract for your City Break/Flight + Hotel is between you and LMnext UK Limited (part of the lastminute.com group of companies).

LMnext UK Limited is a company registered in England and Wales under company number 9400951, with its registered office at 77 Hatton Garden, London EC1N 8JS. Its VAT number is GB 205 7906 10.

Although your contract is with LMnext UK Limited, the components of your City Break/Flight + Hotel are provided by third party suppliers...

bagand96

eskbanker said:

bagand96 said:
LM and Bravonext are based abroad making court action difficult.

https://www.lastminute.com/terms/terms-and-conditions.html#dp_contract

The contract for your City Break/Flight + Hotel is between you and LMnext UK Limited (part of the lastminute.com group of companies).

LMnext UK Limited is a company registered in England and Wales under company number 9400951, with its registered office at 77 Hatton Garden, London EC1N 8JS. Its VAT number is GB 205 7906 10.

Although your contract is with LMnext UK Limited, the components of your City Break/Flight + Hotel are provided by third party suppliers...

Interesting and a good spot.  The OP's ATOL lists Bravonext SA as the organiser, and they are based at an address in Switzerland.  If the OP did have a legal contract with the UK based company that would make life easier in terms of starting court action under small claims.  However I'm not entirely sure on what basis a claim would be, but someone else might have an idea if it's viable?

tightauldgit

bagand96 said:

monkeyballs_2 said:

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

Its only my own opinion, and I'm just some random on an Internet forum! I think the only possible recourses would be credit card S75 or court. LM and Bravonext are based abroad making court action difficult. And in any event they'd give the same defence they've given to you about the pop up message.

I can't see why there would be grounds for the credit card company to refund - he got what he booked. And equally I think it's hard to claim you were mis-sold something when you've gone online and picked it yourself with the information being shown to you all being accurate.

I think in this case it's simply a mistake and a lesson learned.