Holiday refund advice

29
Posted 9th Apr
My daughter has just been offered a credit note from her holiday luckytrip. However I am worried and would prefer a refund in full. What are her rights if she asks for a refund and not the credit note Could they refuse and her lose out on the credit note as she has asked for a r
Community Updates

Groups

29 Comments
Sure I seen on the news that you are entitled to a full refund might be wrong. Just try worse they can do is say no and just give her the credit note either way
If they go under the credit note would be useless that's the only concern I have.
U are entitled to a full refund
By law you are entitled to a full refund, however, most places just arent issuing them and giving credit notes instead. Good luck trying to get one.
You are entitled to a refund. Don’t accept anything less. If you take any form of token/credit note/account credit/voucher and they go bust you will loose the lot.

Stick with it and demand a refund. It might take a while, law says 14 days but travel companies are pushing gov to change this to 90 days. At the moment they are doing anything and everything to stop giving refunds.
Presumably a legal t&c issue, not a what is morally / ethically appropriate nor gesture of goodwill issue. It is likely that most reasonable people would not interpret a credit note as the company having complied with its own terms identified at 4.11.(a), whereas 4.11.(b) would likely be interpreted as being applicable, where 4.11.b states full refund.

You could consider drafting some comms to be sent to Luckytrip Ltd including a phrase similar to
"as Lucktrip Ltd is unable to conform to its term 4.11.(a) then term 4.11.(b) applies, in which case please provide prompt full refund"
and include the referenced terms.
If the t&c applicable at the point of booking are still the same v3.0 dated 27 Feb 2020 as displayed on the LT website today 09 April 2020, the applicable t&c text to quote in any such comms is:
4.11. IF WE CANCEL YOUR HOLIDAY... If we have to cancel your holiday we will offer you:-
(a) Alternative travel arrangements of equivalent or of very closely similar standard and price, if available or (b) A full refund of all monies paid. The exception to this is where flights from a low cost/budget airline have been included in your holiday (including but not limited to Easyjet, Ryanair, Jet 2, British Airways (Domestic/Europe), Aer Lingus, Iberia, KLM, FlyBe, Germanwings). The cost of your flight in this instance will be non-refundable.


If your daughter's holiday includes one of those operators' flights and the flight has cancelled by the operator, she may be entitled to EU261 refund. Example EU261 claim form from Easyjet at easyjet.com/en/…261 which is based on legislation identified at UK Gov webpage legislation.gov.uk/eur…ted
Can you provide some more information? Was it a package holiday? Are the flights cancelled? Did she book via a credit card? Does she have insurance and the trip was booked pre 18th March?
Re. EC261 - there has been some revised guidance.

Compensation for cancelled flights, which is due if flights are cancelled within 14 days of departure, is void if the flight is cancelled due to ‘extraordinary circumstances’. The cancellation of flights due to Government action which either bans flights or forces flights to be cancelled because many passengers would be refused entry counts as ‘extraordinary circumstances’. This means that, for example, no compensation is due if your upcoming US flight is cancelled.

ec.europa.eu/tra…pdf


AndyRoyd09/04/2020 17:28

Presumably a legal t&c issue, not a what is morally / ethically …Presumably a legal t&c issue, not a what is morally / ethically appropriate nor gesture of goodwill issue. It is likely that most reasonable people would not interpret a credit note as the company having complied with its own terms identified at 4.11.(a), whereas 4.11.(b) would likely be interpreted as being applicable, where 4.11.b states full refund.You could consider drafting some comms to be sent to Luckytrip Ltd including a phrase similar to "as Lucktrip Ltd is unable to conform to its term 4.11.(a) then term 4.11.(b) applies, in which case please provide prompt full refund" and include the referenced terms. If the t&c applicable at the point of booking are still the same v3.0 dated 27 Feb 2020 as displayed on the LT website today 09 April 2020, the applicable t&c text to quote in any such comms is:4.11. IF WE CANCEL YOUR HOLIDAY... If we have to cancel your holiday we will offer you:-(a) Alternative travel arrangements of equivalent or of very closely similar standard and price, if available or (b) A full refund of all monies paid. The exception to this is where flights from a low cost/budget airline have been included in your holiday (including but not limited to Easyjet, Ryanair, Jet 2, British Airways (Domestic/Europe), Aer Lingus, Iberia, KLM, FlyBe, Germanwings). The cost of your flight in this instance will be non-refundable.If your daughter's holiday includes one of those operators' flights and the flight has cancelled by the operator, she may be entitled to EU261 refund. Example EU261 claim form from Easyjet at https://www.easyjet.com/en/claim/eu261 which is based on legislation identified at UK Gov webpage http://www.legislation.gov.uk/eur/2004/261/adopted

We were due to fly to Memphis on 17th March - our flights still went but we were not on them due to the travel ban. We booked hotels ourselves and they have refunded - but the flights have been a nightmare. We booked flights only via the travel agent. They told us we are only entitled to a credit voucher - not a refund. We are still waiting on it as going to book for February next year.

I spoke to someone at ABTA and they said that if I would be patient I would get my money back but will take weeks/months
bossyboots09/04/2020 18:03

We were due to fly to Memphis on 17th March - our flights still went but …We were due to fly to Memphis on 17th March - our flights still went but we were not on them due to the travel ban. We booked hotels ourselves and they have refunded - but the flights have been a nightmare. We booked flights only via the travel agent. They told us we are only entitled to a credit voucher - not a refund. We are still waiting on it as going to book for February next year. I spoke to someone at ABTA and they said that if I would be patient I would get my money back but will take weeks/months




Did you book via Credit card - claim under S75
-24-09/04/2020 18:08

Did you book via Credit card - claim under S75


We tried that but they said because the flights were not cancelled we are not covered. We can claim on our travel insurance but excess is £95 and there are 6 of us - so the credit voucher is the best option. We are booked up for September - was booked before all this and hope things will be okay by then - or better anyway.
-24-09/04/2020 17:34

Re. EC261 - there has been some revised guidance. Compensation for …Re. EC261 - there has been some revised guidance. Compensation for cancelled flights, which is due if flights are cancelled within 14 days of departure, is void if the flight is cancelled due to ‘extraordinary circumstances’. The cancellation of flights due to Government action which either bans flights or forces flights to be cancelled because many passengers would be refused entry counts as ‘extraordinary circumstances’. This means that, for example, no compensation is due if your upcoming US flight is cancelled. https://ec.europa.eu/transport/sites/transport/files/legislation/c20201830_en.pdf


This is still in the revised guidance.

This situation has to be distinguished from the situation where the carrier cancels the journey and offers only a voucher instead of the choice between reimbursement and rerouting. If the carrier proposes a voucher, this offer cannot affect the passenger’s right to opt for reimbursement instead.

I think there's a fair bit of confusion between reimbursement and compensation. People want their money back (reimbursement), but hardly anybody expects freebies on top (compensation), so when these companies say you aren't eligible for compensation, just reply that you aren't asking for any, merely reimbursement.

Loveholidays are being a bit shady, if anybody has an upcoming trip with them that is likely to be cancelled.
Edited by: "bogglebrain" 9th Apr
bogglebrain09/04/2020 18:28

This is still in the revised guidance.This situation has to be …This is still in the revised guidance.This situation has to be distinguished from the situation where the carrier cancels the journey and offers only a voucher instead of the choice between reimbursement and rerouting. If the carrier proposes a voucher, this offer cannot affect the passenger’s right to opt for reimbursement instead.I think there's a fair bit of confusion between reimbursement and compensation. People want their money back (reimbursement), but hardly anybody expects freebies on top (compensation), so when these companies say you aren't eligible for compensation, just reply that you aren't asking for any, merely reimbursement.Loveholidays are being a bit shady, if anybody has an upcoming trip with them that is likely to be cancelled.



Agreed - I was referring to the point about claiming compensation would likely be void.

Nonetheless, my 3 rules have always been 1) Book via credit card 2) Annual Travel insurance (Nationwide flex plus is wonderful imho) 3) Book non flight bits on a flexible rate.
MR112309/04/2020 16:38

If they go under the credit note would be useless that's the only concern …If they go under the credit note would be useless that's the only concern I have.


It looks like Luckytrip is ATOL protected fortunately.
MR112309/04/2020 16:38

If they go under the credit note would be useless that's the only concern …If they go under the credit note would be useless that's the only concern I have.


Not correct. Credit notes are still covered under atol / abta package travel regulations 2018
ArcadeAssassin09/04/2020 17:17

You are entitled to a refund. Don’t accept anything less. If you take any f …You are entitled to a refund. Don’t accept anything less. If you take any form of token/credit note/account credit/voucher and they go bust you will loose the lot. Stick with it and demand a refund. It might take a while, law says 14 days but travel companies are pushing gov to change this to 90 days. At the moment they are doing anything and everything to stop giving refunds.


Credit notes still have protection by abta



travelweekly.co.uk/art…oss
she is 100% entitled to a full refund
Well she’s opted for the credit note at present which is valid up until the 31st July. Then if she’s not booked a holiday she can get a refund then
If she has booked a package she is entitled to a full refund within 14 days. Most reasonable people will accept that the refund is likely to be delayed somewhat but that’s what she is entitled to.
chocci09/04/2020 19:17

Credit notes still have protection by …Credit notes still have protection by abtahttps://www.travelweekly.co.uk/articles/365459/coronavirus-credit-notes-come-with-full-protection-assures-abta-boss



Thanks. Makes an interesting read. Obviously ABTA doesn’t want companies to go bust as they’ll have to fork out as well for all the refunds, so you can understand them encouraging consumers to accept credit notes.

Although I note in the piece they make a clear distinction at the end between a deferred refund credit note which would be protected, and vouchers which wouldn’t be.
Hepybaby09/04/2020 20:08

Well she’s opted for the credit note at present which is valid up until t …Well she’s opted for the credit note at present which is valid up until the 31st July. Then if she’s not booked a holiday she can get a refund then


Should have just taken the money.
ArcadeAssassin09/04/2020 20:33

Thanks. Makes an interesting read. Obviously ABTA doesn’t want companies t …Thanks. Makes an interesting read. Obviously ABTA doesn’t want companies to go bust as they’ll have to fork out as well for all the refunds, so you can understand them encouraging consumers to accept credit notes. Although I note in the piece they make a clear distinction at the end between a deferred refund credit note which would be protected, and vouchers which wouldn’t be.


Indeed. I have a holiday booked for the end of April and in November. For the sake of the travel industry, I'll be fine with accepting credit notes. I will then get cash refunds on these around July 2021 if planes aren't flying by then.
Hepybaby09/04/2020 20:08

Well she’s opted for the credit note at present which is valid up until t …Well she’s opted for the credit note at present which is valid up until the 31st July. Then if she’s not booked a holiday she can get a refund then


I think you'll find that is 31st July 2021
No it’s July 2020. So then she will be requesting a full refund.
Hepybaby10/04/2020 07:14

No it’s July 2020. So then she will be requesting a full refund.


On a side note, I asked BA for a refund of a deposit and seat selection on a holiday due in May. I’d only paid £300 deposit + £256 for the seat upgrade, but the balance was due on 16 April. The refund was processed without quibble (I told them straight away I didn’t want the option of a change of holiday date or voucher). The advisor told me the £256 would be refunded back to my credit card in about 10 days, but the £300 deposit would take much longer because it goes through a different internal payment system. She told me it could take 4-6 weeks rather than the usual 14 days due to the unprecedented demand for refunds.
In view of that, waiting until 31 July to initiate an actual refund, hopefully won’t be too much difference, especially if they prioritise the credit vouchers and process them within 14 days.
We have a holiday booked for end of August but not confident that it will go ahead. We have paid 60% of it but still have a large amount left to pay by the 1st of June. I’m wary about paying the rest off in a months time as it’s a lot of money. Will we need to pay off the full amount to be able to claim a refund if it get cancelled?
clthompson197911/04/2020 20:43

We have a holiday booked for end of August but not confident that it will …We have a holiday booked for end of August but not confident that it will go ahead. We have paid 60% of it but still have a large amount left to pay by the 1st of June. I’m wary about paying the rest off in a months time as it’s a lot of money. Will we need to pay off the full amount to be able to claim a refund if it get cancelled?


Yes


It will definitely be cancelled too. There's no way anyone will be going on holiday this year and probably next.
Edited by: "chocci" 11th Apr
chocci11/04/2020 21:05

YesIt will definitely be cancelled too. There's no way anyone will be …YesIt will definitely be cancelled too. There's no way anyone will be going on holiday this year and probably next.


Yep, thinking the same, at least not this year anyway.
Post a comment
Avatar
@
    Text

    Discussions