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Package Holiday - Cancellation, refunds right query

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Andy46
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Package Holiday - Cancellation, refunds right query

#310973

Postby Andy46 » May 22nd, 2020, 12:07 pm

Hi,

I've paid a deposit for a holiday to tenerife with Jet 2 in September. I'm due to pay the rest by the end of June.

I can cancel the holiday now and lose the deposit of £120

If I pay the remaining balance does anyone know where i stand regarding getting any sort of refund if closer to the time of the holiday:

a) The hotel is shut
b) The flight is cancelled
c) Both flight is cancelled and hotel shut
d) The flight is operating and the hotel is open but the UK will require me to self isolate for 2 weeks on return (If this is the case then i won't be going)

Thanks
Andy

swill453
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Re: Package Holiday - Cancellation, refunds right query

#310975

Postby swill453 » May 22nd, 2020, 12:09 pm

Andy46 wrote:Hi,

I've paid a deposit for a holiday to tenerife with Jet 2 in September. I'm due to pay the rest by the end of June.

I can cancel the holiday now and lose the deposit of £120

If I pay the remaining balance does anyone know where i stand regarding getting any sort of refund if closer to the time of the holiday:

a) The hotel is shut
b) The flight is cancelled
c) Both flight is cancelled and hotel shut
d) The flight is operating and the hotel is open but the UK will require me to self isolate for 2 weeks on return (If this is the case then i won't be going)

Assuming it's a package holiday and not separate flight/hotel, I'd say you'd easily get a refund for a, b and c, but you won't for d.

Scott.

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Re: Package Holiday - Cancellation, refunds right query

#311165

Postby pochisoldi » May 22nd, 2020, 6:23 pm

Andy46 wrote:Hi,

I've paid a deposit for a holiday to tenerife with Jet 2 in September. I'm due to pay the rest by the end of June.

I can cancel the holiday now and lose the deposit of £120

If I pay the remaining balance does anyone know where i stand regarding getting any sort of refund if closer to the time of the holiday:

a) The hotel is shut
b) The flight is cancelled
c) Both flight is cancelled and hotel shut
d) The flight is operating and the hotel is open but the UK will require me to self isolate for 2 weeks on return (If this is the case then i won't be going)

Thanks
Andy


Missing information required before you can get a proper answer:
1) Was this booked before March 19th or afterwards?
2) Did you book (a) a package holiday, (b) all the components together via the same agent, within 24hrs of each other (c) something else?

AF62
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Re: Package Holiday - Cancellation, refunds right query

#311381

Postby AF62 » May 23rd, 2020, 12:13 pm

And did you pay with a credit card.

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Re: Package Holiday - Cancellation, refunds right query

#311838

Postby gryffron » May 24th, 2020, 6:46 pm

AF62 wrote:And did you pay with a credit card.

That doesn't affect the rules on IF you are entitled to a refund. Only WHO is liable to pay it. If the vendor isn't liable, then neither is the credit card company.

Gryff

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Re: Package Holiday - Cancellation, refunds right query

#311852

Postby AF62 » May 24th, 2020, 7:18 pm

gryffron wrote:
AF62 wrote:And did you pay with a credit card.

That doesn't affect the rules on IF you are entitled to a refund. Only WHO is liable to pay it. If the vendor isn't liable, then neither is the credit card company.


True, but from using s75 numerous times in the past I have found credit card companies tend to have more sensible interpretations of what consumer legislation says and whether a refund is payable.

Where I have had an issue but the retailer found an excuse not to make a refund or fix the problem, then on each occasion when the s75 claim has gone in the credit card company has agreed with me and made the payment.

So now I give (most*) companies one chance to make the refund and if they don't play ball the s75 claim goes in (*Dixons Stores Group I make an exception for as it is a waste of breath speaking to them if there is an issue, so I just put the s75 claim in - joint and several responsibility and all that).

Andy46
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Re: Package Holiday - Cancellation, refunds right query

#312374

Postby Andy46 » May 26th, 2020, 3:42 pm

pochisoldi wrote:
Andy46 wrote:Hi,

I've paid a deposit for a holiday to tenerife with Jet 2 in September. I'm due to pay the rest by the end of June.

I can cancel the holiday now and lose the deposit of £120

If I pay the remaining balance does anyone know where i stand regarding getting any sort of refund if closer to the time of the holiday:

a) The hotel is shut
b) The flight is cancelled
c) Both flight is cancelled and hotel shut
d) The flight is operating and the hotel is open but the UK will require me to self isolate for 2 weeks on return (If this is the case then i won't be going)

Thanks
Andy


Missing information required before you can get a proper answer:
1) Was this booked before March 19th or afterwards?
2) Did you book (a) a package holiday, (b) all the components together via the same agent, within 24hrs of each other (c) something else?


Hi. Its a package holiday with Jet2 booked through their own website, booked before March 19th. So far i've only paid hte deposit via credit card. The remainder of the balance will automatically be take from my credit card on 28 June unless i cancel it.

Thanks

dealtn
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Re: Package Holiday - Cancellation, refunds right query

#312387

Postby dealtn » May 26th, 2020, 4:06 pm

Andy46 wrote:
pochisoldi wrote:
Andy46 wrote:Hi,

I've paid a deposit for a holiday to tenerife with Jet 2 in September. I'm due to pay the rest by the end of June.

I can cancel the holiday now and lose the deposit of £120

If I pay the remaining balance does anyone know where i stand regarding getting any sort of refund if closer to the time of the holiday:

a) The hotel is shut
b) The flight is cancelled
c) Both flight is cancelled and hotel shut
d) The flight is operating and the hotel is open but the UK will require me to self isolate for 2 weeks on return (If this is the case then i won't be going)

Thanks
Andy


Missing information required before you can get a proper answer:
1) Was this booked before March 19th or afterwards?
2) Did you book (a) a package holiday, (b) all the components together via the same agent, within 24hrs of each other (c) something else?


Hi. Its a package holiday with Jet2 booked through their own website, booked before March 19th. So far i've only paid hte deposit via credit card. The remainder of the balance will automatically be take from my credit card on 28 June unless i cancel it.

Thanks


Would you be jeopardising your position by cancelling it.

You are protected if the counterparty cancels the contract, but not necessarily if you decide to cancel it.

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Re: Package Holiday - Cancellation, refunds right query

#312397

Postby AsleepInYorkshire » May 26th, 2020, 4:34 pm

Andy46 wrote:Hi,

I've paid a deposit for a holiday to tenerife with Jet 2 in September. I'm due to pay the rest by the end of June.

I can cancel the holiday now and lose the deposit of £120

If I pay the remaining balance does anyone know where i stand regarding getting any sort of refund if closer to the time of the holiday:

a) The hotel is shut
b) The flight is cancelled
c) Both flight is cancelled and hotel shut
d) The flight is operating and the hotel is open but the UK will require me to self isolate for 2 weeks on return (If this is the case then i won't be going)

Thanks
Andy

We went to Tenerife last year with Jet 2. Hotel Bitacora (pronounced bit-acra). We'd been before many years ago. Couldn't fault Jet 2. And as you know at our age we do look very hard don't we :lol: .

We booked another with them to Spain over Easter. Naturally that unfolded. We did try and ring them several times but couldn't get through. Eventually and much to my surprise they rang us. Obviously they were looking to keep our money and get us on another trip later in the year. We had two other holidays planned this year (Orlando for our 13 year old daughter and Tenerife in October. These two we hadn't paid for as we began to sniff Covid towards the end of January. By late February we we're hanging on to our money. In total fairness to Jet 2 they were exemplary. We couldn't rebook as we could only go in our daughters holiday time which made the cost double. Two weeks later all the money was back in our bank.

No surcharges or admin fees or anything like that. What I am about to tell you is true. Their founder Phillip Meeson has grown this business from nothing. Many moons ago he turned up at Leeds Bradford Airport without notice. He saw a queue forming at Jet 2 and went to remonstrate with the staff. They didn't know who he was which added to his frustration. As he chastised the staff who didn't know who he was the people in the queue started to cheer him on. It ended with him being arrested :lol: He admitted afterwards he may have used some Anglo-Saxon expletives.

You can feel that culture of "Customer First" when you are on holiday with Jet 2.

I wouldn't worry about your refund. Someone chasing us down to discuss that sort of gives you that momentary reminder that some companies genuinely do put the customer first. Yes they will try to sell you something - that's their business. After that I feel they do go that extra mile.

AiYn'U

swill453
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Re: Package Holiday - Cancellation, refunds right query

#312414

Postby swill453 » May 26th, 2020, 5:03 pm

AsleepInYorkshire wrote:I wouldn't worry about your refund. Someone chasing us down to discuss that sort of gives you that momentary reminder that some companies genuinely do put the customer first. Yes they will try to sell you something - that's their business. After that I feel they do go that extra mile.

I'm sure they're a lovely company, but I doubt very much if they'd refund in the circumstances of d) in the OP. If the holiday is available to take as described, but Andy wants to cancel because of the UK's mandatory 14-day quarantine on return.

Scott.

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Re: Package Holiday - Cancellation, refunds right query

#312428

Postby AsleepInYorkshire » May 26th, 2020, 5:36 pm

swill453 wrote:
AsleepInYorkshire wrote:I wouldn't worry about your refund. Someone chasing us down to discuss that sort of gives you that momentary reminder that some companies genuinely do put the customer first. Yes they will try to sell you something - that's their business. After that I feel they do go that extra mile.

I'm sure they're a lovely company, but I doubt very much if they'd refund in the circumstances of d) in the OP. If the holiday is available to take as described, but Andy wants to cancel because of the UK's mandatory 14-day quarantine on return.

Scott.

Are you sure?

AiYn'U

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Re: Package Holiday - Cancellation, refunds right query

#312431

Postby gryffron » May 26th, 2020, 5:47 pm

Let's be a little more specific then. Along with Scott, I doubt you'd have a RIGHT to a refund in situation D. Which is what the OP asked. And doesn't mean some kind companies wouldn't offer refunds, rebooks or credits ;)

Gryff

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Re: Package Holiday - Cancellation, refunds right query

#312451

Postby AF62 » May 26th, 2020, 6:38 pm

gryffron wrote:Let's be a little more specific then. Along with Scott, I doubt you'd have a RIGHT to a refund in situation D. Which is what the OP asked.


I am not so sure.

The Competition and Markets Authority have been looking into this area and companies refusing to refund in not dissimilar circumstance, for example holiday accommodation who were refusing refunds on the basis of they were open and tough you were not allowed to drive their, and wedding venues in a similar way.

The general pronouncement was refunds must be given if "a consumer cancels, or is prevented from receiving any services, because of the restrictions that apply during the current lockdown" - https://www.gov.uk/government/news/covi ... y-concerns

Now the question is whether a 14 day quarantine would fall into that.

I would suggest that the first part before the "or" when combined with the reason, so "a consumer cancels... because of the restrictions that apply during the current lockdown" falls squarely within it as most people would not be able to isolate for 14 days after the holiday.

The CMA also says 'don't care what the contract says if it contains unfair terms which restrict the right to a refund in situations like this', consumer rights come first.

And as the deposit of more than £100 was paid with a credit card, then it wouldn't just be the tour operator who would have to say 'no refund' it would also be the credit card company, and they don't like doing that.

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Re: Package Holiday - Cancellation, refunds right query

#312456

Postby swill453 » May 26th, 2020, 6:50 pm

The subject is addressed by the Independent:

I have a holiday booked this summer and can’t handle a fortnight of self-isolation when I return. Can I cancel?

You can cancel, but legally you are not entitled to a refund. If the travel firm or airline can safely operate your trip and bring you back to the UK, they will have fulfilled their contract. The fact that you would then need to self-isolate is not their problem.

But the travel industry recognises that very few travellers will want to go on holiday if they then are obliged to stay indoors for two weeks. The two biggest holiday companies, Tui and Jet2, were planning to restart operations in mid-June.

I predict they will cancel hundreds of thousands of packages in June, possibly extending into July. But any Tui customer who wants certainty can take advantage of the travel firm’s new policy that allows holidaymakers booked until the end of August to postpone without penalty.

Airlines, too, are not legally obliged to provide refunds if you no longer wish to travel. In practice some – such as British Airways – are likely to cancel flights wholesale, allowing you to claim your money back, while others may offer vouchers for future travel. If the flight goes ahead, you are not entitled to a refund.

Can’t I just claim on travel insurance?

No. The existence of a law requiring you to self-isolate on return does not affect the performance of the trip.


https://www.independent.co.uk/travel/ne ... 27741.html

Scott.

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Re: Package Holiday - Cancellation, refunds right query

#312678

Postby BrummieDave » May 27th, 2020, 3:08 pm

I'm confused about some rapidly approaching US travel plans, booked for mid-June, flying from UK to Boston via Dublin, then returning from Philadelphia again via Dublin, all with Aer Lingus.

My accomodation in the US, a combination of AirBnB and hotels, have all cancelled (ie they approached me) and returned my deposits, based on their inability to offer us the booked lodgings (against their current laws). However, Aer Lingus appear to be confirming the flights.

My understanding is that the US is not allowing foreign nationals from UK (or Ireland) to enter the US: https://www.cdc.gov/coronavirus/2019-nc ... tries.html

Can Aer Lingus operate the flights and thus keep my money?

Any pointers would be welcome...

Moderator Message:
This question has been asked over on Legal Issues (https://lemonfool.co.uk/viewtopic.php?p=312680#p312680). Answers to this specific question would be best dealt with over there please. (chas49)


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