Issues recieving out of pocket expenses following flight cancellation

CardboardBox1

Hi all,

We are having issues recieving out of pocket expenses following a flight cancellation, any advice on what we can do next would be appreciated.

We booked a package holiday with First Choice (TUI), for which they outsourced our flight to a third party provider, Virgin, not at our request but as part of the package.

The return flight was cancelled by Virgin due to engine failure. We were advised by First Choice on their app and also the on site TUI representatives to remain in the resort we were in. We would have to pay for the 5 additional nights but to keep receipts and claim the money back. I even checked with the onsite representatives that the cost of the hotel was reasonable - they confirmed that as this was the package that we had originally booked it was reasonable to remain in the resort.

As our contract was with TUI I contacted them on our return to reclaim the costs. Originally they had said no problem, they just need to clear with a manager. They then said to approach Virgin, but to let them know of any shortfall.

After much back and forth with Virgin, a small portion of the cost was refunded. They deemed the cost unreasonable. We accepted the amount offered and then approached TUI accordingly. TUI then said that because Virgin deemed the cost unreasonable so did they and to go to our travel insurer. I asked if this was their final response, to which they said no and to let them know how we get on.

We went to our travel insurer, due to the policy the maximum they could refund to us was £1000, which they have done. But this still leaves us significantly out of pocket. We approached TUI again, to which they have denied all liability. And issued a final response. I approached Virgin again, but because we accepted the amount paid previously they will not pay anything further.

I have contacted ABTA, TUI have responded advising they will not make any payment.

Is there another course of action? For us this is not an insignificant amount of money.

TELLIT01

Small claims court? Not something I've ever had cause to use but others may be able to advise.

Isthisforreal99

Some context would be useful, how much was the claim and how much was reimbursed. Your claim should only be for 'reasonable' expenditure. If you ripped the proverbial and opted for a bottle of champagne or an expensive suite instead of a room as examples then they are not going to pay that.

Worried_fool

Was the cancelled flight actually operated by Virgin, or was it a code-share?

If it was indeed a Virgin flight, then the airline is responsible for your "reasonable" costs during the delay. You could use an ADR or simply use the small claims track to take them to court. There is lots of advice here (on the flight delay section) about exactly how to do this.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82173178#Comment_82173178

OP doesn't appear to have an outstanding complaint or claim against a regulated financial institution within FOS's jurisdiction?

Having said that, I don't think OP has been asked yet how they paid, so it's possible that a credit card provider could be on the hook under section 75…

luci

https://forums.moneysavingexpert.com/discussion/comment/82173449#Comment_82173449

As far as I'm aware, the Financial Ombudsman also deals with insurance cases.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82173479#Comment_82173479

Yes, but here the insurer appears to have complied with their contractual obligations and OP's beef is with the travel companies.

luci

https://forums.moneysavingexpert.com/discussion/comment/82173485#Comment_82173485

It was their mention of receiving a final response letter that made me think it may be an ombudsman issue. Apologies if I've misunderstood.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82173490#Comment_82173490

The implication is that the final response mentioned was from TUI:

We went to our travel insurer, due to the policy the maximum they could refund to us was £1000, which they have done. But this still leaves us significantly out of pocket. We approached TUI again, to which they have denied all liability. And issued a final response. I approached Virgin again, but because we accepted the amount paid previously they will not pay anything further.

luci

https://forums.moneysavingexpert.com/discussion/comment/82173491#Comment_82173491

I definitely misunderstood. That will teach me to post when I'm away on holiday and have other things going on. I've deleted my original comment to try and prevent any misunderstanding, but have left the other replies to keep your replies in context. I hope that's OK.

Grumpy_chap

The OP states this is a package holiday.

AIUI, liability for extra nights under PTR is limited to 3 nights.

How much is the OP out of pocket by after whatever was paid by the holiday company / airline plus the insurance?