Unsure of rights after cancellation

sheramber

mdann52 said:

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.

Loveholidays sell package holidays where the components  are under one booking

These holidays get an ATOL certificate. 

 They  also act as agent for service providers and these bookings are individual. 

 hotel booking is with the hotel and flight booked with carrier. 

These are not package holidays. And do not get an ATOL certificate. 

bagand96

sheramber said:

mdann52 said:

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.

Loveholidays sell package holidays where the components  are under one booking

These holidays get an ATOL certificate. 

 They  also act as agent for service providers and these bookings are individual. 

 hotel booking is with the hotel and flight booked with carrier. 

These are not package holidays. And do not get an ATOL certificate. 

If multiple components are booked at the same time on the same website then it is a package under the PTR's 2018 regardless of how the agent may build that behind the scenes.

LH sell either "hotel only" or a "flight + hotel".   Hotel only isn't a package.  Flight + Hotel always will be.

finbar

Ok - I can categorically confirm the holiday was ATOL - my daughter has got an ATOL certificate - I suggested she raised the issue with them as a complaint (there was a conversation on chat with them before hand that she has saved) and ask for a refund of the missing days (about £500) plus the cancellation fee she paid plus some extra for the inconvenience - we’ll see what happens

Westin

finbar said:

Ok - I can categorically confirm the holiday was ATOL - my daughter has got an ATOL certificate - I suggested she raised the issue with them as a complaint (there was a conversation on chat with them before hand that she has saved) and ask for a refund of the missing days (about £500) plus the cancellation fee she paid plus some extra for the inconvenience - we’ll see what happens

Well poor advice.  The Civil Aviation Authority (CAA) administrator the ATOL scheme which is financial protection for the sale of the air inclusive holiday package. They are not going to be interested or involved in a complaint or dispute following a flight delay or any aspects of the holiday.

Your daughter can certainly lodge a complaint with Love Holidays, as the holiday provider, but to be honest I can’t see her gaining recompense from them following the flight cancellation. LH are not a true package holiday provider like say TUI or Jet2 Holidays and will likely just push the issue around or just offer a platitudes type response.

Hopefully your daughter had taken out a suitable travel insurance policy that might provide cover for the cost of those two lost nights at the hotel and her extra costs to amend the stay.

eskbanker

Westin said:
Your daughter can certainly lodge a complaint with Love Holidays, as the holiday provider, but to be honest I can’t see her gaining recompense from them following the flight cancellation. LH are not a true package holiday provider like say TUI or Jet2 Holidays and will likely just push the issue around or just offer a platitudes type response.

While I agree that LH aren't a tour operator in the same mould as those you mention, that doesn't actually affect the traveller's rights under the Package Travel Regulations, so it might be harder to extract the money from them but they are still on the hook provided OP's daughter is persistent enough, which may entail court recovery.

Westin

I don’t disagree with you @eskbanker regarding the obligation under the PTR’s - it’s just reality when it comes to dealing with ‘dynamic’ packagers like Love Holidays, On The Beach and a few others.  Frustrating times ahead I suspect trying to get accountability.