Unsure of rights after cancellation

swingaloo

You have not confirmed whether or not it was a package or if there were different elements booked separately. It makes a huge difference. Does she have an Atol certificate. Its not as simple as assuming the travel agent should be responsible. You pay them a commission to book the hotel, flight, package holiday  for you but they do not provide the services so why would you expect them to be responsible. 

Has she tried to claim on her insurance?

elsien

When I  have used one of the on line agents, the ATOL certificate is emailed out with the other booking information.
Don’t ever expect any useful help if things go wrong from the likes of loveholidays though. 

finbar

swingaloo said:

You have not confirmed whether or not it was a package or if there were different elements booked separately. It makes a huge difference. Does she have an Atol certificate. Its not as simple as assuming the travel agent should be responsible. You pay them a commission to book the hotel, flight, package holiday  for you but they do not provide the services so why would you expect them to be responsible. 

Has she tried to claim on her insurance?

According to the citizens advice page it was a package holiday as it was all booked for a single price through the same company. I’ll get her to start with contacting love holidays then escalate from there!

eskbanker

Hoenir said:

finbar said:

I shall ask her to check her insurance - however given the changes were out of her control I assumed the travel agent would take responsibility and refund - or am I being naive ?

Why would the travel agent be liable for events totally outside of their control?  

Because, in their role as package organiser, they have binding legal obligations under the Package Travel and Linked Travel Arrangements Regulations 2018....

elsien

finbar said:

swingaloo said:

You have not confirmed whether or not it was a package or if there were different elements booked separately. It makes a huge difference. Does she have an Atol certificate. Its not as simple as assuming the travel agent should be responsible. You pay them a commission to book the hotel, flight, package holiday  for you but they do not provide the services so why would you expect them to be responsible. 

Has she tried to claim on her insurance?

According to the citizens advice page it was a package holiday as it was all booked for a single price through the same company. I’ll get her to start with contacting love holidays then escalate from there!

And is this confirmed by the ATOL certificate?

soolin

finbar said:

swingaloo said:

You have not confirmed whether or not it was a package or if there were different elements booked separately. It makes a huge difference. Does she have an Atol certificate. Its not as simple as assuming the travel agent should be responsible. You pay them a commission to book the hotel, flight, package holiday  for you but they do not provide the services so why would you expect them to be responsible. 

Has she tried to claim on her insurance?

According to the citizens advice page it was a package holiday as it was all booked for a single price through the same company. I’ll get her to start with contacting love holidays then escalate from there!

I can’t see how a web page can confirm to you that this was definitely booked as a package.

The question that you need to answer to be sure is whether an ATOL certificate was issued, answer that and people can help. 

I was away last month and booked through an independent agent, they booked the apartment, transfers and flights (including my luggage and seats) even checked me in online and got my boarding cards, at the actual point of booking though they sent a full invoice showing what I’d paid (not broken down into specifics) and an ATOL certificate. That was a package despite it being tailored to my exact specifications. 

sheramber

finbar said:

Is that something that would be given to her when she booked?

Yes, it should be with her booking confirmation. 

eskbanker

soolin said:

finbar said:

swingaloo said:

You have not confirmed whether or not it was a package or if there were different elements booked separately. It makes a huge difference. Does she have an Atol certificate. Its not as simple as assuming the travel agent should be responsible. You pay them a commission to book the hotel, flight, package holiday  for you but they do not provide the services so why would you expect them to be responsible. 

Has she tried to claim on her insurance?

According to the citizens advice page it was a package holiday as it was all booked for a single price through the same company. I’ll get her to start with contacting love holidays then escalate from there!

I can’t see how a web page can confirm to you that this was definitely booked as a package.

The question that you need to answer to be sure is whether an ATOL certificate was issued, answer that and people can help. 

I was away last month and booked through an independent agent, they booked the apartment, transfers and flights (including my luggage and seats) even checked me in online and got my boarding cards, at the actual point of booking though they sent a full invoice showing what I’d paid (not broken down into specifics) and an ATOL certificate. That was a package despite it being tailored to my exact specifications. 

Just to be clear, 'package' status has nothing to do with whether it's an off the shelf or bespoke purchase and can be established by reference to the defined criteria in the PTRs:

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.

sheramber

I guess no confirmation of an ATOL certificate tells its own story. 

mdann52

sheramber said:

I guess no confirmation of an ATOL certificate tells its own story. 

It's irrelevant. It sounds like it's been booked at the same time for one price from the same agent, so legally it's a package even if they have failed to issue an ATOL certificate.