I don't think so but you will need to consult your card supplier on this to be sure. Dependent upon the level of travel insurance you have (you do have it I assume?) then there may possibly be a clause in there that covers you.

Your Excel flights look to be covered under the ATOL scheme hence no problem getting your money back. Did you book the accommodation private or through Your Holidays? If both were booked together - the agent arranged both - then there has been discussion here on HT regarding the definition of package holidays. Let us know as members may be able to advise further.

fwh

thanks for your reply....yes it was all booked through your holidays and piad in the same two installments - deposit & balance - on credit card....thought in fact it was a package until the documentation came through and the problem with freedom flights became apparent....any thoughts?...

jules

There are two problems here.

First, as I see it, what sort of holiday did you book/were sold. The Package Tour Regulations - see here - http://www.opsi.gov.uk/si/si1992/uksi_19923288_en_1.htm - defines a package as two or more elements - Transport and Accommodation in your case and as I see it that is what you booked and paid for. Recent discussion here on HT agrees with that, however it would appear that some agents are trying to get round that interpretation claiming it is not a package. I actually find that a little disingenuous as most of us go to a travel agent to book a holiday. We say where and when we wish to go and the agent tells us how much. The nuts and bolts of it we leave them to sort out - they are the experts.

The second is how you can recover the accommodation costs. I have already suggested how to go about that.

Members of HT have a great deal of expertise having been in the same boat or know of someone who has. We are however not experts so our views and comments have no legal validity.

The answer to your problem might be to contact Ros Fernihough who is a travel law solicitor and she often assists our members, although she does not read this forum and has no connection with HT - except for a lot of satisfied members.

The direct number to Ros's PA Pam is 01922 705134

Or try the switchboard number 01922 633214 and ask for Travel Dept.

For the cost of a telephone call you could save yourself a great deal of time and money.

The only condition of any help and advice we give is you are asked to keep us informed. That way you also help others.

fwh

Many thanks again for your help and time in posting the reply... from the link it appears that we were certainly sold a 'package' by definition, particularly as the increments were not billed seperately....

in the first instance I think we will persue the credit card company more forcefully with this information and will keep the forum advised how we get on.....

regards
Jules

HI,
Have you asked the company you booked it all with if they are making exceptions in the case of the XL collapse. I booked separate flights (xl) and accomodation, both with Travel Republic and know that TR have liaised with the acommodation providers in order to help people in our situation. Fortunately for us, we managed to secure flights with Monarch airlines on the same day (although different dep airport) so didn't need to claim a refund for the hotel. I'm still waiting for the flight refund which was paid for by CC.

Travel Republic have a section on their website advising customers of their options in such a case as yours. It's worth taking it up with the agency you booked it all with.

It would be worth also talking to the CAA. Your Holidays I dont think are ATOL bonded so you wont be able to claim there but your are not allowed to sell a package without an ATOL licence. Companies normally get round this isuuing seperate invoices so not a package. If you have only had one invoice for the flight and accommodation then nthey are trading illegally and the CAA would be interested. This wont help get your money back.

Again if you have had only one invoice showing flights and accommodation and you paid by credit card then you can claim off the credit card company for the full amount.

I notice a statement on their website stating only deal with ATOL tour operators for financial protection, if they are not offering this on the package then again very misleading and I am sure trading standards would be interested as well.

Interested to know if their paperwork clearly stated 2 seperate transactions and if there was any details with regard to financial protection on the paperwork.

Kind Regards
Stewart

Update.....
after numerous letters / phone calls with our credit card company askiing for a full refund of the holiday, they wrote to us advising that we approach ABTA/ATOL, as they were not willing to deal with our claim. It seems they were willing to refund us for the flights, but not the accommodation element of the booking, as that was still available.

We sent all documentation to Roz Fernihough for her advice. Roz confirmed that the holiday was not a package holiday as the confirmation invoice clearly shows Excel (flights) and Med Hotels (accommodation) listed seperately.

She advises however, that as it was not possible for us to take the accommodation because we could not get alternative flights, then we should be able to recover both hotel and flight costs from our credit card company, and to do this through the small claims court if necessary..... we are now issuing our credit card company with a seven day letter....

we'll keep you updated !

We sent all documentation to Roz Fernihough for her advice. Roz confirmed that the holiday was not a package holiday as the confirmation invoice clearly shows Excel (flights) and Med Hotels (accommodation) listed seperately.

Many thanks for keeping us updated. The reply from Ros is of particular interest. It would seem that only when you book with the likes of Thomson, Thos Cook that it becomes a package holiday. The flight and accommodation being contracted with the same supplier.

I do however repeat what I said earlier. When we go to a travel agent we leave the actual details to them. Perhaps it should serve as a warning to everyone.

fwh

Yes, Roz confirmed that what we had bought was infact a DIY / unbundled or dynamically packaged holiday, where seperate component parts are put together, therefore not covered by the 1992 Package Tour and Travel Regulations...

Purchasing a 'Package' from a tour operator is the only way of ensuring full protection - a lesson learnt. We'll see if the credit card company cover the whole cost....

Julie

If my memory serves me correctly I think it becomes a package when 2 or more elements are sold or offered for sale at an inclusive price. The agent doing the packaging has to hold an ATOL in order for it to be covered.. The agent then acts as the principal. (tour operator).

Update....

In the end, we had no alternative but to take action through the small claims court against our credit card company.

the good news is that today we received a full refund for the holiday (both flights and accommodation) a long time comming, but worth all the effort.....

only package holidays for me in the future !!

thanks again for all your help and advice...

julie

Well done Julie and thanks to Ros for her valuable assistance

My sister in law booked the same type of holiday through Travel Republic, when XL collapsed she lost her flights but is waiting on refund from atol, and Travel Republic refunded her accomadation costs within a few days of her letting them know she couldnt get alternative flights.

Well done Julie glad you got a result. Thanks for coming back on and letting us know.