Lastminute.com will not give refund

domainexpansion

Hi all. I need some advice in relation to obtaining a full refund for a package holiday and I’m not getting anywhere really. I booked a package holiday (hotel and flights) with lastminute.com for next week. This was booked months before the war began in the Middle East. Since then, the FCDO advice has changed to avoid all but essential travel to Dubai. I have told lastminute that I wish to cancel due to FCDO advice but they are ignoring this. They are only giving refunds if the flight gets cancelled. Both my flights are still expected to go ahead. Lastminute said if I wish to cancel, then it’s basically voluntary and that they will keep £1900 of the £3100 package which is unfair. And there’s no guarantee I’ll even get the remainder. They are ignoring the FCDO advice despite saying they are looking at this. Not sure what to do.

eskbanker

Under the Package Travel Regulations, you're entitled to terminate for a full refund in the event of unavoidable and extraordinary circumstances at your destination, and FCDO advice against all but essential travel qualifies.

https://www.legislation.gov.uk/uksi/2018/634/regulation/12

However, it's one thing to have legal rights, and another to actually enforce them, so if they're resisting then you may need to escalate elsewhere - did you pay any of the cost by credit card?

domainexpansion

https://forums.moneysavingexpert.com/discussion/comment/81974590#Comment_81974590

Hello, yeah I read into this but seems like last minute don’t care. I paid by debit card so can’t charge back really

MattMattMattUK

https://forums.moneysavingexpert.com/discussion/comment/81974597#Comment_81974597

Was it actually sold as a package, or was it just separate products checked out in the same basket, it should say on the booking?

You have charge back on a debit card, what you do not have is Section 75.

domainexpansion

https://forums.moneysavingexpert.com/discussion/comment/81974614#Comment_81974614

yeah sold as package - also says on ATOL cert

eskbanker

As above, transactions paid by debit card can be covered by chargeback, as opposed to section 75, but I'm not convinced that chargeback applies in this scenario.

As they're a Swiss company, it may be challenging to pursue them in court, but one other avenue may be ABTOT - LM pulled out of ABTA membership a few years ago and signed up with this alternative one, which also offers some form of dispute arbitration:

https://www.abtot.com/how-to-make-a-complaint/

MattMattMattUK

Thinking about this, I wonder if the devil is in the detail of the process. You are phoning up asking to cancel, they are treating that as a cancellation. In theory the FCDO guidance only applies if they are advising against travel at the date of travel, one cannot cancel for the future based on current guidance. So in essence they are currently charging you cancellation fees because it is not them cancelling the holiday due to the guidance, they are charging you because at this stage it is essentially a change of mind. The legislation does not actually include a timeframe, but it appears that 48 hours is not uncommon.

domainexpansion

https://forums.moneysavingexpert.com/discussion/comment/81974647#Comment_81974647

yeah saw this too but I reckon this will take some time to even get a refund compared to what other travel agents are doing

domainexpansion

Hmmm do you suggest me contacting them two days before (providing I get through to a different agent). Technically I’m cancelling due to FCDO advice which are saying not to go.

bagand96

https://forums.moneysavingexpert.com/discussion/comment/81975072#Comment_81975072

They may change their position nearer the time so it's worth trying.

I'd try and get something in writing from them if you don't have it already stating they won't refund. It might help if you intend to try chargeback.

As suggested above though be specific as possible when contacting them, quoting the PTR's and FCDO advice.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81975070#Comment_81975070

Not sure there's any value in comparing with what other agents are doing? Your issue is solely with trying to get your money back from Lastminute, but yes, there are no guarantees either that it'll happen or that it'll be quick if it does.

I agree with other posters that it'll be beneficial to push them hard as late as possible before departure, to ensure that the FCDO advice is still current.