Lastminute.com - cancellation & full refund

Red_chilli

Hello - I had a package holiday booked with lastminute.com, unfortunately due to industrial action at the destination the flight was cancelled. They were unable to offer any alternative flights, or a similar package, meaning the last option was to cancel the booking. Despite being offered a full refund, I’m being advised that they cannot refund the hotel element, and only the flights. However noted that they offered more money for a voucher, which I obviously don’t want. 

Can anyone please advise on how to move forward? Please note it was paid on a credit card also. 

elsien

If it’s a package holiday and your ATOL certificate shows that then if one element fails they all fail and under the package holiday regulations you are entitled to a full refund. 

You do not have to accept a voucher. 

As well as quoting the regulations at them, look in their own terms and conditions at the flight plus section which seems to cover packages and also references a full refund.


but doublecheck your paperwork to confirm that it is a package. 

Red_chilli

Thank you for the above. I checked and do have an ATOL certificate, I sent this across to them and they have acknowledged the holiday was ATOL protected, however they have stated that they are unable to process the complete refund in cash due to transaction fees and the non-refundable service travel extra pack. 

Any advise on how to proceed forward? 

elsien

I don’t know what the travel extra pack is so you might need to rummage through the t&c for that.
@the_lunatic_is_in_my_head  might have more ideas. 

Red_chilli

It states that the travel extra pack means you are entitled to a £ voucher towards your next flight + hotel package, I have the transcript where they originally said it was only the hotel costs that were non refundable, no mention of the travel extra pack until today! 

TELLIT01

As it's ATOL protected is it worth contacting ATOL direct and asking for their assistance as Lastminute.com is messing the OP around.  Not an unknown situation from things I've read over time.

HillStreetBlues

Contact your card company, try a Chargeback as they can no longer supply your package holiday. Tell your card company they are refusing a refund.

the_lunatic_is_in_my_head

elsien said:

I don’t know what the travel extra pack is so you might need to rummage through the t&c for that.
@the_lunatic_is_in_my_head  might have more ideas. 

Looking at their site it says fight + hotel is provided by them but they are a Swiss company and are governed by Directive (EU) 2015/2302. 

If the service travel extra pack is a voucher towards a future booking they may not have to refund this but it really depend upon how it's all bundled as a contract, what the EU Directive affords the consumer and what ATOL protected affords you as well. 

Easiest starting point seems to be follow the ATOL process to see what they offer. @born_again might offer some insight as to what the bank will consider if you attempt a chargeback. 

born_again

As far as chargeback goes, as hotel was available then there is no option there.

As Lastmin have said will not refund that part, for non receipt of refund you need amount of refund, date, & last 4 of card. Then have to allow 15 days for it to be refunded. But can't see that being any good because of what they have said.

TBH. Think looking at ATOL or holiday ins (if covered) route

HillStreetBlues

born_again said:

As far as chargeback goes, as hotel was available then there is no option there.

As Lastmin have said will not refund that part, for non receipt of refund you need amount of refund, date, & last 4 of card. Then have to allow 15 days for it to be refunded. But can't see that being any good because of what they have said.

TBH. Think looking at ATOL or holiday ins (if covered) route

It was a package holiday OP bought, you can't split them up.
If OP booked just a flight with LM  then what is purchased is the flight, if  just a hotel, then what's purchased if the hotel.
But when purchased together what is bought is the package, not two separate items. LM can no longer supply the  package so OP is entitled to a full refund.

HillStreetBlues

the_lunatic_is_in_my_head said:

elsien said:

I don’t know what the travel extra pack is so you might need to rummage through the t&c for that.
@the_lunatic_is_in_my_head  might have more ideas. 

Looking at their site it says fight + hotel is provided by them but they are a Swiss company and are governed by Directive (EU) 2015/2302. 

If the service travel extra pack is a voucher towards a future booking they may not have to refund this but it really depend upon how it's all bundled as a contract, what the EU Directive affords the consumer and what ATOL protected affords you as well. 

Easiest starting point seems to be follow the ATOL process to see what they offer. @born_again might offer some insight as to what the bank will consider if you attempt a chargeback. 

They are selling package holidays in the UK so must follow The Package Travel and Linked Travel Arrangements Regulations 2018