If she booked with a travel agent isn’t it them who should refund her and them you would pursue?
She paid around £600 for the flights. I was under the impression OTB and Love Holidays etc were just acting as agents and organisers for the suppliers hence the lack of a part 75 protection.
Their terms and conditions state...
As an agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the Travel Arrangements provided by the Supplier/Principal, unless we have sold those Travel Arrangements in such a way as to create a Multi-Contract Package (please see clause 2 for further information), in which case we will accept responsibility for those Travel Arrangements in accordance with Section B of these Booking Conditions.
2. Multi-Contract Package Bookings
Where your booking is for a Multi-Contract Package, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in Section B of these Booking Conditions.
A “Multi-Contract Package” exists if you book a combination of at least two different types of the following individual travel services, for the purpose of the same trip or holiday:
- transport; or
- accommodation; or
- rental of cars, motor vehicles or motorcycles (in certain circumstances); and
- any other tourist service not intrinsically part of one of the above travel services, provided that those travel services are purchased together from a single visit to our website and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.
This is called a Multi-Contract Package as you still have contracts with each of the individual Supplier/Principals providing the Travel Arrangements, however we, On the Beach Limited, will accept responsibility for this booking as a Package Organiser.
So although they are effectively trying to obtain cash refunds from Michael is it legally there fault if they are unsuccessful considering their terms and conditions above. Maybe the powers of ATOL which we all effectively pay for will have the teeth it promotes and she could consider a claim through them. A small track claim would probably take longer than Ryanair paying out. I know one thing and that is as a consumer we all have the power of choice in determining our future suppliers. I shall be adding Michael's gang to our "
we wont be using you anytime ever in the future" list along with Curry's the RAC and a few others that spring to mind. I find the man to be condescending towards his customer base and if not condescending then most certainly Leary.
I would say she is not desperate for the refund but that is not the issue. It's more the principle that he can say you will get your money back when all this is over. Unprecedented times why yes, but there is still a game to play here and it should be played in a gentlemanly fashion. What about the poor folk that are relying on these refunds that have struggled throughout Covid ?