Rotweiler wrote: » No need to panic. Call your bank, state that your transaction was not fulfilled and the service provider did not provide you with the exact service they promised. Show them your invoice and all travel details(In your case an email from your agent about the refund etc.) and ask for a chargeback. They will not be able to prove otherwise and your bank will charge them back.
Rotweiler wrote: » Hi, If the details that they have bought does not match(i.e. price, dates, comfort class, hotel type etc.) the service they have received, they will get the refund whatever is the difference.
aabarnes1 wrote: » "I can't believe you still traveled."- really? Why wouldn't we have traveled, there were no restrictions in place, the cruise was going ahead the morning we flew. If we had cancelled of our own accord we wouldn't have a leg. The way I see it is that I bought a product from them that didn't match up to what I paid for, under the Package holiday and travel trade act, I am entitled to either a refund in full, a like for like holiday or a holiday for a lesser value and the difference reimbursed. And as for the flights and hotels where else were we going to stay when stranded in Miami? Its not a matter of whether the airline or hotel fulfilled their obligations, its about the travel agent.
pol12 wrote: » It's definitely worth talking to your Credit card provider if you paid by card. I am in a similar situation but didn't travel (lock down came before travel).Travel Agent won't give back cost of flights . Rang AIB and rep said they would charge back. Have sent them the details. He was fairly confident that I would be able to get it back.
Xterminator wrote: » OP what travel insurance did you have for this trip?
aabarnes1 wrote: » I paid last May on my card, maybe it’s too long ago.
Darc19 wrote: » I can't see why the first port of call is not the insurance company. Whilst the travel agent arranged the different parts, it was not a "package holiday" so flights and the few nights hotel stays would not be refundable and looks like all hotel nights were taken and so were the flights The flight change fee is debatable as it depends on what was said and naturally there's only one side here. But insurance company is first port of call on this. But at worst, unless this was a package deal and marketed and sold as a fixed package, then it's just the cruise that is to be refunded
lawred2 wrote: » Don't accept the part refund and go for the small claims court.
aabarnes1 wrote: » In the eyes of the law it is a package holiday as it meets the requirements set out in the legislation governing consumers rights.
Darc19 wrote: » Without knowing the instructions that the op gave the agent, you cannot say. It looks like the op liked a particular cruise and wanted to go on it, but needed to get to the departure point and decided to add a few days. That is not a package holiday. If the travel agent created the package and marketed as a package themselves, then it is a package holiday. But I suspect the former. In any case, it probably would be an insurance issue anyway
aabarnes1 wrote: » Package holidays Under consumer law, a package holiday is defined as a pre-arranged holiday that is sold at an inclusive price, which must last more than 24 hours or include an overnight stay. From the CCPC.ie website.
Darc19 wrote: » unless this was a package deal and marketed and sold as a fixed package, then it's just the cruise that is to be refunded
Darc19 wrote: » Exactly "PRE-ARRANGED" and "INCLUSIVE PRICE" Precisely what I have said. You seem not willing to give information on how it was booked. As I said if you picked a cruise that was not "prepackaged" by the agent and marketed as such that included the flights and hotel, then your only option is the insurance. I'm guessing from your lack of saying how it was bought that the travel agent facilitated the cruise and booked the flights and hotel separately after a specific request from you. That you paid in one sum is neither here nor there. Feel free to believe those who give you the answer you want to hear. But scc will not rule in your favor and on top of that the amount you are claiming is above their limit. As I said, insurance is what this is for. But as you had the flights and hotel and are getting a refund for the cruise, I can't see hope there either. I'd be thinking myself lucky considering the amount of Covid-19 on cruise ships.
aabarnes1 wrote: » I think you are misunderstanding the term package holiday, and the fact that I mentioned in my OP how the package was booked and paid for, you clearly haven't read it. But for your clarification, I have included the following just so you don't get mixed up or further confused. What is a package holiday? Your holiday is a package holiday if: it has been pre-arranged/is ‘ready-made’ it is bought at a single point of sale it is sold at an inclusive price by a travel agent or tour operator it covers at least 24 hours (or includes an overnight stay) and it is made up of at least two of the following: transport accommodation car or other vehicle hire other tourist activities that are not directly linked to the above but which make up a significant part of the cost and package (e.g. guided tours). This is regardless of accommodation, carrier or ticket type.
aabarnes1 wrote: » I think you are misunderstanding the term package holiday, and the fact that I mentioned in my OP how the package was booked and paid for , you clearly haven't read it. But for your clarification, I have included the following just so you don't get mixed up or further confused. What is a package holiday? Your holiday is a package holiday if: it has been pre-arranged/is ‘ready-made’ it is bought at a single point of sale it is sold at an inclusive price by a travel agent or tour operator it covers at least 24 hours (or includes an overnight stay) and it is made up of at least two of the following: transport accommodation car or other vehicle hire other tourist activities that are not directly linked to the above but which make up a significant part of the cost and package (e.g. guided tours). This is regardless of accommodation, carrier or ticket type.
Ok, just an update, following a small claims appeal and a day in the circuit court I won my case against Cassidy travel. They breached the terms of the LTA/Package holidays act as I have mentioned. I received my money back plus expenses.
For the people who said a flight, cruise and hotel is not a package holiday I suggest you re-read the legislation of the act and the terms of reference set out therein.
Well done
Cheers
Well done for your persistence. You shouldn’t have had to go to those lengths to get your money back but it appears it is becoming more and more common to have to threaten the small claims court/actually take your case to the small claims court to get money back from certain companies
Well done!
What expenses were covered?
