Holiday Company Tells Me To Sort My Own Refunds

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g1057 | 15:08 Sat 22nd Aug 2020 | Law
8 Answers
Hi sister in law booked a package holiday with LOVEHOLIDAYS , she gave them destination and dates ,they came up with flight and hotel options . She decide to book and everything was sorted .She paid her deposit and they took the balance from her account . All sorted ready to go . The FCO then ruled against anything but essential travel (canaries) to her destination making her holiday insurance invalid, so asked for a refund from LOVEHOLIDAYS. They got in touch to say that they will refund the cost of the hotel , but they will have to fight their own corner for a refund from Ryanair. Where does she stand ????? Her package holiday contract was with LOVEHOLIDAYS , her payments were to LOVEHOLIDAYS, but she’s been told to sort out her own refund with Ryanair.


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From their page.

//loveholidays acts as an agent in respect of all bookings made on our website or by telephone. For all bookings, your contract will be with the applicable Service Provider of your chosen Travel Service (who may be the principal or the agent of the principal) and loveholidays acts only as an agent on their behalf, except where we state to the contrary in the terms and conditions.//

Check the T&Cs and see how you go from there.
You’re not alone unfortunately.....

Their website doesn’t say they are not paying out for flights.....

Whatever she paid by card should allow her to approach the card issuer on this one but by the sound of it the whole thing is a bit complicated for her. How was the balance paid, if taken against card details then that would put her on a stronger footing.
Question Author
Mamyalynne Is that the same as Curry’s being an agent for say Samsung. Who would be responsible for issuing a refund
Yes, she can use a section 75 notice to claim the money back in that ^^^^ instance
Not the same at all, g1057. I’m sure Curry’s Ts&Cs didn’t state that Samsung were under a Service Provider footing.
FAQ on flight refunds:
However, "Please note, where there are government travel restrictions in place yet the flight is still operating, some airlines are not issuing refunds to customers who choose not to travel."
If Ryanair will not refund her and she did not pay by card allowing a successful claim from the bank – then I would argue that Loveholiday’s T&Cs are unfair – in that the contract is with them and since the terms of the contract have not been fulfilled (at no fault of your SIL).

But to get her money back she would have to sue Loveholidays in the small claims court.

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