# COVID-19 package holiday cancellation options



## Sarn (25 Mar 2020)

Just looking for some views. I know this is far down the list of priorities given what people are going through. 

We are due to pay the balance on a package holiday to Portugal for the last week of May this weekend. We've already put €150 down and have another €1800 to pay this weekend. Given the current COVID-19 pandemic we think it unlikely that we will be able to take the holiday. The travel agent will not allow us to defer paying the balance and have advised that in the event that the trip is cancelled they will offer a voucher. We do not anticipate that we will be taking a holiday in the next year, so do not want a credit note/voucher. The travel agent is encouraging us to cancel before the money is taken.

As I'm sure you can imagine, we are reluctant to pay up to €2000 for something that we are unlikely to get. Given the effect that the current crisis is having on everything travel related, it is hard to know if the safety mechanisms (travel agent bonds, insurance) will be robust enough to cope with the flood of claims/refunds.

My understanding is that there is specific package holiday legislation that could be used if our holiday is cancelled or there is a significant health risk at our intended destination. In such cases the travel agent should offer a full refund. If the agent doesn't play ball then we would have to go to the small claims court. Failing all of that our travel insurance will cover DFA advice to 'Avoid non-essential travel.'

I think the travel agent wants us to cancel as it will make their life easier and they will keep the deposit. What do people think? Let the deposit go and cancel the holiday avoiding the risk of potentially losing up to €2000 or stick it out and hope to get it all back?


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## Brendan Burgess (25 Mar 2020)

Don't do anything.

Don't cancel.

Don't pay the balance. 

If that causes you to forfeit the €150,  it's not a big price to pay. 

Brendan


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## Sarn (25 Mar 2020)

Thanks Brendan, ideally that is what I’d like to do, however, they automatically take the balance on the due date from my card.


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## Brendan Burgess (25 Mar 2020)

Hi Sarn

Can you stop that online? 

Brendan


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## Sarn (25 Mar 2020)

Not that I can see on my account, as it is not set up as a direct debit or standing order. I’ll give my bank a call and see if they can do that for me.


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## Bigbangr1 (25 Mar 2020)

Call your credit card company and tell them your card was stolen.they will block your card and send you out a new card with new card number.the agent won't be able too take payment.you might stand too loose €150 rather than €2000.block your card so they can't grab your money


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## Bronte (25 Mar 2020)

This is a really easy one. Cancel your card. Reporting it stolen is your best bet. And forget about your €150, that’s nothing. Plus the travel agent is going to go bust and that’s very little for them. So don’t sweat it. I’ve €500 deposit on a holiday home in Turkey which I’ll probably never see as I await Turkish Airlines cancelling our June flights which cost about 1K.

I wish all I had to worry about was a lost holiday.


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## RedOnion (25 Mar 2020)

Bigbangr1 said:


> Call your credit card company and tell them your card was stolen.





Bronte said:


> This is a really easy one. Cancel your card. Reporting it stolen is your best bet.


Or, here's a novel idea. Just cancel the holiday?

Why cancel the card? It's not guaranteed to work depending on how the transaction was authorised.

Most holiday booking have a condition that if you don't pay in time that the booking is cancelled and you lose the deposit. So just cancel it and lose the deposit. And avoid the other changes you'll have to make by changing a card.

Or, move it to a different date - most operators are allowing free changes. So the balance won't be due until X weeks before the new booking date at which point you can make a decision.


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## Brendan Burgess (25 Mar 2020)

If you can't cancel the direct debit authorisation, then cancelling the holiday is the easiest. 

Brendan


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## Bigbangr1 (25 Mar 2020)

Red -there is no charge too change card,apart from the call you'd have too make


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## RedOnion (25 Mar 2020)

Bigbangr1 said:


> Red -there is no charge too change card,apart from the call you'd have too make


Where did I say there was a charge??

All the OP has to do is cancel the holiday. 

This whole cancelling a card idea is nonsense.


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## Leper (26 Mar 2020)

Let's not fool ourselves - the situation we have will last for months and perhaps longer in the rest of europe. We rent out our place in Spain and I have already refunded any deposits taken. It's never the wrong time to do the right thing. I hope holiday companies step up to the plate too.


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## WaterWater (26 Mar 2020)

Is the travel agent using Aer Lingus, Ryanair or a charter flight to take the OP on holidays?

Ryanair have stated that they will not be flying in April or May.
Portugal is closed for tourist business.
The hotel is probably closed as well.

Why would the travel agent look for the balance of this holiday if they cannot provide the holiday?

Why would the travel agent take the balance of a holiday that they know they can't provide and then offer a voucher in it's place that may have further conditions attached.

Who is the say that the price of the same holiday may not double in price for next year and the OP will have to stump up the difference.

I would cancel the holiday and demand a refund of my deposit.  Even going to the small claims court. I don't think they would lose. It would also show the travel company for what they are.

Have a look at the travel agent's Facebook page and see what is being said about them.


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## TrundleAlong (26 Mar 2020)

This is what Melia Hotels have said. (Where we have booked).

"For individual bookings made before March 2, 2020 for arrivals until April 30, 2020, we offer 100% flexibility to postpone your reservation up to 24 hours before arrival, choosing a later date until March 26, 2021, in which the reserved hotel offers the same terms and conditions or agreeing to pay a possible difference in rate without any management fee."

They are not responding to emails other than to send a standard reply with reference number. A week later they have still not responded to our original request for a refund. Their Facebook page is full of complaints. Their Facebook page has not been updated sine March 17th.


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## Leo (26 Mar 2020)

WaterWater said:


> Even going to the small claims court.



On what grounds? What terms of the contract have been breached at this point?


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## IsleOfMan (26 Mar 2020)

Sarn said:


> We've already put €150 down and have another €1800 to pay this weekend.



Where is the €150 at this point in time? Is it still with the travel agent?  Has it been sent to Portugal to pay for a service that will not be provided.

If I went in to DID and paid a deposit for a fridge only to be told a week later that there were none available....I cannot imagine DID saying......Well thanks very much for your donation and keep my deposit.


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## Sarn (26 Mar 2020)

Thanks everybody for the comments. We’re strongly considering cutting our losses at this point and cancelling. We just need to make sure that they won’t try and automatically enforce the 50% cancellation fee as per the T&Cs! 

Of course, if we let it ride, the same T&Cs state that in the event that they cancel, they will have to pay compensation or at the very least refund everything. Trying to actually get the money back might be another issue!


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## Leo (26 Mar 2020)

IsleOfMan said:


> If I went in to DID and paid a deposit for a fridge only to be told a week later that there were none available....I cannot imagine DID saying......Well thanks very much for your donation and keep my deposit.



Did I miss confirmation in the thread that the operator will not be able to honour the contract here?


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## TrundleAlong (27 Mar 2020)

Leo said:


> Did I miss confirmation in the thread that the operator will not be able to honour the contract here?


No wonder very few people are posting on the AAM threads, except the regulars, with comments like this. Do you think you could stop the smart Alec comments Leo?

Watch this comment being deleted.


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## Leo (27 Mar 2020)

TrundleAlong said:


> No wonder very few people are posting on the AAM threads, except the regulars, with comments like this. Do you think you could stop the smart Alec comments Leo?



It's not intended to be smart alec. The OP is looking for advice on a specific case regarding their rights in relation to cancelling a holiday. Your contribution of DID being out of stock of a particular fridge is of no relevance whatsoever and only serves to confuse the matter.


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## Leper (27 Mar 2020)

Sarn, You've paid €150 up front. If you claim through your insurance (who may not wish to pay up either) you'll probably be stuck with and excess of c. €120.00. 

If the travel company won't play a fair game with you I'd just suffer the loss and never use them again.


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## IsleOfMan (28 Mar 2020)

Leo said:


> On what grounds? What terms of the contract have been breached at this point?


 If they don't refund the deposit?  I understood what was being said overall.
Why do you pick one line from a long post just to "get at" someone. Why not contribute something positive instead of constantly waiting in the long grass to pick someone up on what they say.


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## Missladycakes (28 Mar 2020)

Cancelling card doesn’t always work.  They can still charge your account.   Not sure how but I had a monthly charge that I tried to cancel with the vender but couldn’t. So I cancelled my card.  Got email saying I need to update info. I replied I wanted to cancel the service and two weeks later the charge appeared on my account.  So they can find a way?


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## Sarn (29 Mar 2020)

Thanks all. We confirmed with the agent that no further money would be taken if we cancelled, so went ahead and requested that the trip be cancelled. I did cite unavoidable and extraordinary circumstances and cancellation of multiple flights across Europe as the reason. We can afford to lose the deposit. 

I will keep an eye on the situation at the end of May to see if everything would have been cancelled and see if we can have the deposit used for another holiday in the future. I can’t see them losing any money on our trip as Aer Lingus was offering vouchers up until the end of May, that they can likely add to their corporate account. It’s a shame that they couldn’t have delayed the final payment for a few weeks.


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## Leo (30 Mar 2020)

IsleOfMan said:


> If they don't refund the deposit? I understood what was being said overall.



I understood it related to the deposit. It been pointed out many time on these and previous threads the you have no entitlement to a refund of a deposit if you change your mind.



IsleOfMan said:


> Why do you pick one line from a long post just to "get at" someone.



How would you suggest I should ask on what basis they were advising taking a Small Claims action?


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## Laramie (30 Mar 2020)

This is what I got from my Spanish Hotel where I had booked a stay next month.

"We would like to inform you that according to rate details, this reservation has a full penalty charge in case of cancellation, amendment or no show. However due to the exceptional situation in which we find ourselves, Meliá Hotels International would like to offer to our guests who have booked before March 2, 2020 for a stay between March 16, 2020 until May 31, 2020, the possibility of postponing your reservation choosing a date or leaving your booking on hold; This date must be up to March 26, 2021 at the reserved hotel and under the same terms and conditions of your initial reservation or agreeing to pay a possible difference in rate without any management fee."

My problem with this is

I would like a full refund but none is on offer.
I do not want a postponement of my holiday.
The hotel is closed so I cannot stay there even if I wanted to travel.
The hotel chain may not survive.
They are offering postponement stays up to end of March 2021.....not even for the anniversary of my stay....mid April.
If I do postpone......I will have to pay the difference in cost of my stay....I have no control over what this might be.

My question.  If the hotel is closed for my stay next month.....they are the ones breaking the contract, not me..........can I claim a refund on this basis?


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## Northie (30 Mar 2020)

For anyone with questions around package holidays the following may be of interest:

https://www.gov.ie/en/publication/4...-travellers-to-terminate-package-travel-cont/


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## Kimmagegirl (31 Mar 2020)

I booked and paid up front for a hotel stay in Spain. circa €450

The hotel is now closed and are offering a postponement of my holiday but no refund of payment.

Is it possible to look for a charge back on my credit card under Section 75 of the Consumer Credit Act 1974?


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## RedOnion (31 Mar 2020)

Kimmagegirl said:


> Is it possible to look for a charge back on my credit card under Section 75 of the Consumer Credit Act 1974


Not under that legislation, as it's UK legislation.

But you might still be able to do a chargeback under the scheme (visa / MasterCard) rules. Contact your bank, and they'll walk you through what's possible. You'll have to demonstrate that you've engaged with the hotel, and they're unable to provide the service. If you used an intermediary to either book or pay (e.g. PayPal) you'll need to exhaust their dispute mechanism first.


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## Sarn (31 Mar 2020)

Northie said:


> For anyone with questions around package holidays the following may be of interest:
> 
> https://www.gov.ie/en/publication/4...-travellers-to-terminate-package-travel-cont/


Fantastic, that covers us. Fortunately I did use the appropriate wording. I will be following up with the travel agent to get our €150 back.


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## Kimmagegirl (31 Mar 2020)

I have applied for a chargeback to my credit card for my hotel purchase. One of the questions that I am being asked by the credit card company is 

*"What alternatives were offered to me by the hotel and my reasons as to why I won't accept"*

The hotel is only offering me a postponement of my stay up to end of March 2021 but no refund. 

I want to word the following in language that might prove a successful outcome, can anyone help.

"I am scared shitless to travel anywhere until next year, and until I know this Covid 19 is definitely gone. "I do not believe that this hotel chain will still be in business" "I want my money back now, as I may need it" "The hotel may have further charges or restrictions on my future stay"


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## RedOnion (31 Mar 2020)

Kimmagegirl said:


> I want to word the following


You don't need all of that.
You've paid for a stay on specific dates. The hotel has closed for those dates, and thus unable to provide the service paid for. The alternative offered by hotel (a voucher) is not acceptable, as it doesn't provide for the original service paid for.


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## Kimmagegirl (31 Mar 2020)

Thanks Red Onion. I have submitted my claim and I have used your helpful comments. Useful to have someone to help me think outside the box.


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## Kimmagegirl (31 Mar 2020)

Ryanair flights.  I have been offered a refund for my cancelled flights in April. The booking was for myself and my wife.

It is necessary to *tick a box* if you are looking for a refund for *all *persons travelling on the one booking.


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## Leo (31 Mar 2020)

Can we keep this thread to package holidays only? There's additional consumer legislation that applies to packages, so other non-package travel issues should be raised in the other threads.


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