No refund for Majorca Holiday - PLEASE help

[Freeekedout]

It's looking like we have just lost £2.4k on a holiday for a family of four to Majorca, so please be gentle! I'll try to give as much detail as possible, as I know each case is unique.
We booked a package holiday (confirmed package on ATOL certificate) last September with lastminute.com to travel to Majorca this coming Wednesday. Flights are with BA from Heathrow. The flights are still going ahead. We are on the last flight of the day each way, and having followed the flight checker on the BA website, these are never cancelled, I suspect to ensure that no passengers are stranded overnight at the airport. The hotel is open and has a confirmed booking (I emailed them directly, but the hotel was booked as part of the package).

We originally requested a cancellation, prepared to forfeit our deposit of £600. They sent a cancellation quote which equated the total cost of the trip. They referred us to the terms and conditions which stated that the balance of the holiday was payable if we cancelled, and this applied from the date we booked the trip - there was no sliding scale of cancellation fee. On hearing this news, we decided that we would go and make the best of it because we couldn't justify paying for a holiday and then not taking it. We paid the balance by credit card on 21st July before the 2 week quarantine and before FCO advice was brought in.
Then last week the FCO advised against all but essential travel to the Spanish Islands. This means that our travel insurance would not cover us if we were to go abroad (for theft, accidents etc as well as for Covid). We would not travel without insurance with two children - accidents do happen; nor would we travel against the advice which has been put in place for a reason.
I have spoken to Lastminute numerous times and they will not tell me how I can request a refund (under the Package Travel Regulations - these look to me as though they may provide some financial protection in our situation). The agent said that I could not request a refund, only that I could request a cancellation. If I cancel the holiday myself then I forfeit any right to a refund, so obviously I don't want to do this and I have made this very clear to them.

We bought travel insurance in October through the Post Office, thinking that this would provide us with adequate cover as they are a reputable company. It says that it will cover us in the event that the FCO advise against non-essential travel BUT in the general exclusions at the back of the policy book, it says that cover EXCLUDES pandemics. So in effect, we have bought an insurance policy that won't pay out if we don't travel, and it won't pay out if we do. It's useless.
I have complained to the CMA. I have today registered a complaint with ABTA, but having read other people's experiences, I don't hold out any hope of them helping me. I have left a negative review on Trustpilot, but that isn't going to help me to achieve a refund, although it might make others think twice about booking a holiday with this shocking company.
Is there ANYTHING that we can do? Has anyone been successfully refunded in this situation, when the holiday company won't cancel the holiday and the flights and accommodation are still going ahead? We are an honest, hard-working family who booked this holiday in good faith, well before anyone had ever heard of Covid-19. We aren't chancers who thought we'd book something in the midst of the pandemic. We have to pay if we go (we don't want to travel against advice of the FCO), we have to pay if we don't go.
Please, please tell me if we have any chance of getting a refund from this atrocious company, and how we might go about doing it. Thanks for reading.

Try this

www.which.co.uk/consumer-rights/advice/can-i-claim-on-my-credit-card-when-something-goes-wrong

Section 75 claim for credit cards

Hi freeeked!

They are becoming notorious and are treating you very badly and wongly.

You could try reporting them to :

Martin Lewis
Simon Calder
Which
as well as CMA which you have done

All this worked to put pressure on Villa Plus, if you recall my case.

You booked a package : they have to refund , is my understanding.

If this fails, you might be able to get a chargeback on method of payment . This worked for some people with Sykes Cottages in the UK.

Good luck. Don't give up!

Is there a Facebook support group?

Also, go over their own Ts and Cs with a fine tooth comb. Villa Plus actually mentioned FCO advice in theirs. Think they were miffed when people spotted it!

From The Sun (sorry):
Lastminute.com
Holidaymakers who booked a package holiday through Lastminute.com will be entitled to a full refund if their holiday has been affected by a change in the FCO advice.

Alternatively, they can choose to rearrange their trip or continue to go through with the original booking, against FCO advice.

If you've booked flights only through the travel agent, you will only be able to get your money back if the airline cancels the journey.

As many are continuing to operate, you're unlikely to get a refund.

Those who are worried about trips booked to other UK travel bridge destinations and want to change them will be subject to the normal terms and conditions, unless the FCO advice changes.

Cancellation fees depend on the individual terms and conditions of your booking so you'll need to check in the small print to find out how much it will cost you.

Charges associated with changing your holiday are set by the airlines and accommodation providers so you'll need to check with them to find out the fees.

Can you not reschedule any part of it?

Thanks everyone, some options to explore there - I will look into them.

When we were considering cancelling originally, we asked if we would be able to reschedule and were told that because we booked last September, we would only be able to book until end October this year. I am a teacher and can only travel in school holidays, and the two week quarantine means that I would have to return by 18th August to be ready for INSET day on 1st September. As it is we're due back on 12th, so there wasn't really anything to be gained by doing that. The main reason for choosing the hotel was the amazing waterslides for the kids. But pools at the end of October in Majorca won't be warm enough for swimming in really, and of course, there could still be the quarantine issue which would mean I wouldn't be able to go then anyway.

According to sodding's link they should refund you. They haven't got a leg to stand on.

write an email to them stating that as required by law you want a full refund
you will need a chain of evidence to show to bank that you have done this
you can get cash back via debit card or as pp have stated the details on credit card
I have ( after several months!) got my money back from bank
nb ALWAYS when you have conversation with people on line ask them to confirm conversation & request things by EMAIL (sorry for capitals) because than you have proof of conversation

ps do not re schedule people because than if anything goes wrong banks wont refund - nor will insurances

Just checked. There is a Facebook support group. They were fantastic help for me. People from Which often join to gather evidence and give advice, and campaign, and for Sykes a solicitor took up the case for everyone.

I have just scanned through their Terms and Conditions - thanks Piggy for the suggestion, don't know why I didn't think to do that more thoroughly. Is anyone able to unpick this (long!) section and tell me what it actually means? There is a reference to the FCO, but is is so wishy washy. Apologies for the length of the quote, I have included the whole section but highlighted the FCO bit in bold so you can find it easily:
13. OBLIGATIONS OF USERS
All passengers are required to check for any applicable travel updates affecting their package holiday by referring to the authorities in charge of providing information on the regulatory and administrative measures in force in their destination country. In the event that passengers fail to check this information, the Vendor and/or the Organiser will not be liable for the non-departure of the package holiday. Users will inform the Vendor and the Organiser about their nationality and, at the time of their departure, they will make sure that they hold the vaccination certificates, passports, visas and any other valid documentation required for all countries included in the package holiday, as well as any stay/transit visas and any health certificates which may be required.
In addition, in order to evaluate the health and safety conditions in the destination countries and therefore the User's likely actual enjoyment of the services purchased or to be purchased, the User is required to collect official information from the competent authorities of their own country, checking whether the authorities advise against travel to the destination countries included in the package. Users will also act in accordance with ordinary prudence and care standards and with the specific standards in force in the destination countries of the package holiday, with any information provided by the Organiser and with any regulations, administrative or statutory rules related to the package holiday. Users will be accountable for all damages caused by them to the Organiser and/or Vendor as a result of the User''s non-compliance with the obligations referred to in this section 14.
The User is required to provide the Organiser with all documents, information and data in his possession to enable the latter to exercise its right of subrogation vis-à-vis any third parties responsible for damages, and the User is accountable to the Organiser for any prejudice to this right.
The User shall duly provide all data required and necessary for the Website's booking and payment processes, and will give written notice to the Organiser, at the time of making their booking, of any personal requests they may have, which may be the object of specific agreements on travel conditions provided that these requests can be satisfied. The Foreign & Commonwealth Office have up-to-date advice on staying safe and healthy abroad. We recommend that you check the FCO Travel Aware website . For more on security, local laws and the latest travel information, visit the section 'Foreign travel advice' of the FCO Travel Aware website . The advice can change so check regularly for the latest information.
The User is at all times required to inform the Vendor and the Organiser of any special needs or conditions (pregnancy, food intolerances, disability, etc.), and to specify their requests for any corresponding personalized services. The Organiser does not guarantee that any special requests made by a User will be catered for by the relevant supplier(s) of the services.

Thanks for your help, it really is appreciated

Following with interest.
DD is due to travel to Majorca in just under 2 weeks with Sunshine holidays. Her friend has booked and paid so far with her credit card and seems resigned to the fact that they will lose the whole thing but I’m not prepared to let that happen.
Grateful for any other links or info-the holiday was booked in October.

Dominicgoings Sounds like a very similar situation to us. Have you checked to see if the flights or hotel are cancelled? If one of them is, you will be entitled to a refund if it is a package holiday (it will confirm this on the bottom right corner of the ATOL certificate). I hope you are able to get the money back.

If you do think about actually going then there is a company called battleface that will provide insurance incuding covid.

Starisnotanumber Thank you, but we are not happy to travel against the advice of the FCO.

"You booked a package : they have to refund , is my understanding"

That's only true if the holiday is cancelled by the operator. This is going ahead.

The terms and conditions you've copied there OP mean that if you were to fly out against FCO advice and they couldn't/didn't provide a flight back they would not be liable. You would. And stranded.

Seriously, just request a chargeback on your credit card. I didn't even have to give details on mine. A few clicks and it's done

Understand about not going but just in case the government change the advice in next couple of days.
It's not beyond them following the science seems to have gone to think of something and just do it.

This sounds like s nightmare situation. No advice but sorry to hear how badly you are being treated.

Villa Plus gave full refunds despite Ryanair still taking flights out and the fact that the villas were booked and available. A decent tour operator would not appear to fly in the face (LOL) of FCO advice. If Lastminute wants to continue operating they will need to show some responsibility. Hmm

I found a link yesterday about Lastminute's T and Cs and someone copied the bit for The Sun above. Sounds like they may have removed that from their website?!

Get thee on Twitter/FB!

Is there grounds for a chargeback here?

There doesn’t appear to be a breach of contract, unless the OP booked under different T&Cs. The hotel and flights are going ahead.

I think the chargeback could be a problem, too.

Check the hotel you booked is actually open , too, OP. Lastminute customers have turned up to closed hotels!

I don’t mean to be the voice of doom, but we’re in the middle of a section 75 for flights due to leave in May when it was all banned and it’s been far from smooth sailing. The chargeback was rejected as the company claimed they didn’t breach the contract; they couldn’t fulfil it.

Martin Lewis has been talking about both a lot and it’s far from clear cut that you’ll win them if your hotel & flights are available, as no breach of contract has occurred, unless there was a clause protecting you against FCO changes in the contract you agreed.

I haven't got advice sorry but just to say I booked a holiday with lastminute.com - our 1st ever package holiday - and will never use them again.

Booked in January to go away to Greece in July. The holiday was cancelled finally but not once did they contact me via email or otherwise to let me know anything and they still haven't. I rang them a few times to try and get some info in May and June. No one could tell me anything, just wait, they said. Two weeks before the holiday, I called, just wait, the guy said. I then got an email from them to remind me NOT to call them but to email instead!!!!!!!!

Called again a week before we were supposed to go and was told it had been cancelled and he would forward my info to the refund dept.

I have never received confirmation of this by email. Like I said I have had NO info from them since Jan - apart from the email sent to me to tell me don't call us.

Terrible company. I hope you get your money back.

I’ve actually looked back at the travel insurance we’ve had for our last five holidays - all state that they don’t cover any cancellation due in part or in full to a pandemic! I CAN take out insurance now which covers me if one of us CONTRACTS Covid-19 before our holiday but it won’t cover if the FCO advise against travel due to the pandemic. My current insurance will still give us full health cover so long as the FCO doesn’t advise against travel before we arrive in France but, as I said, none of our previous insurances would have covered for cancellation in the current situation and we don’t get the cheap insurance options.

My holiday was booked last autumn but I can’t get any refund of any sort unless the people providing the accommodation decide they don’t want us there.