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Vauban last won the day on July 29 2017

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  1. You have made that point already. But that doesn't mean that the website is misleading. "Overlooking" doesn't mean "right next to". You made some incorrect assumptions - including not only about the location, it seems. As a piece of consumer advice I'd suggest you research your holiday choices a bit more so your expectations are not disappointed. In this day and age, there's really no excuse not to. As Bankfodder says, the fact that you've can show in writing a commitment to a refund if you choose to leave seems to be the strongest point of your claim.
  2. In fairness to the owners, the website does make it clear exactly where the "cabins" are (and the cottage): https://emble.org/location It just takes a moment's browsing to find.
  3. I did warn about this in post 18: the way that Ryanair structure their company means you have to sue them using the European Small Claims procedure. Which is more complicated, unfortunately, but not impossible. Of course the ESCP may cease to apply soon, so I'd get a wriggle on!
  4. Yes this is right. I did tell you about this in my earlier post above. I don’t think you can use English courts to sue a company based outside of the UK, except by using the European Small Claims Procedure (or whatever it’s called).
  5. The insurance might be a red-herring. Often policies don't cover for missed or delayed flights - or pay a small amount if they do. They certainly don't pay out for statutory compensation under Regulation 261/04. You definitely need to claim that from the airline directly. What exactly does your policy say? You should be claiming: The 261/04 sum - which is €400 per passenger The cost of the additional flights that you had to pay for (or the difference in costs between your original fare and the subsequent one, if Ryaniar have refunded you already) Any reas
  6. So contrary to what you sometimes read on the internet, there's no part of the Regulation 261/04 (or the subsequent binding case law, of which there's quite a bit) that says "knock on" delays cannot be extraordinary circumstances. The legal test, which is set out (I think) in the Wallentin case is that the cause of the delay must be extraordinary AND the airline must then have taken all reasonable measures to mitigate the delay. If either test fails, you are due compensation. A 30 hours delay does not sound reasonable in these circumstances, especially for what is presumably a short-haul ro
  7. I doubt this will do it, but no harm in giving it a whirl. You’ll probably have to initiate legal proceedings before they take you seriously. If they don’t budge from a LBA, and you don’t fancy the hassle of starting a legal claim (which will take many months to come to court and for which you’ll need to pay a fee), I see Wizzair subscribe to a dispute resolution service, which should be quicker and cheaper for you. It’s ADR Resolution in this case. If you don’t get the result you’re after, you can still take them to court.
  8. This is nonsense. But you may need to take them to court before they settle. Plenty of UK and European case law that technical problems like this are not "extraordinary circumstances" and the Montreal Convention is a big red herring! Shameful behaviour.
  9. If you bought insurance you ought to have been given a policy document - that should tell you how to claim. I’m pretty sure that it will be a different process than just writing to customer service. The document might even have a special number to call for advice on how to submit your claim. Do you have this paperwork?
  10. It feels like we’re going round in circles a bit here. Can you confirm: a) whether you have made a claim to the Hoseasons insurance policy yet (not a complaint to Hoseasons directly); b) whether you have, or can get, a copy of the letter that the school photocopied, that could can send in with your insurance claim? Everything else is just distraction, at the moment.
  11. Well I think that one could reasonably infer that if, in the professional opinion of the doctor, a child is not fit for school and may present a risk of contagion, it can be reasonably inferred that the child is not fit to vacation for the same reasons. There may be an additional cost to secure a second doctor's letter, so I would proceed with a copy of the letter to the school in the first instance. It would be perverse, frankly, to suggest that a doctor's letter confirming a suspected prognosis of a contagious pox is somehow insufficient for the purpose of honouring the claim. So I would
  12. So if your daughter already has a letter from the doctor, confirming that the children should be kept off school, then why can't you supply this as evidence to the Hoseason's insurance process? Unless I am missing anything, that seems to be the obvious thing to do.
  13. I am sorry to hear of your wife’s illness and hopes she makes a swift recovery. I’m afraid that most air fares are not refundable - you pay a significant extra premium for a ticket that is. Buying through an agent also complicates things. Personally I always prefer to purchase a flight direct from the airline so that if there is an issue you don’t have to go through a third party but can plead your case directly. Hopefully you will have bought travel insurance given the significant costs of the flights. If so, you should be able to make a claim on the poli
  14. Unless you are on benefits, it will cost you about £150 for a claim worth between £500 and a Grand (claim fee plus hearing fee). As King says, the other side pays for this if you win. If you don’t win, you’re £150 down. I am not a professional in this field, but I have a lot of experience of helping people in your situation. I also won my own case against an airline - which went all the way to the hearing. If you pursue this in the courts, there is definitely a chance (not a infinitesimal one either) that you get a District Judge not familiar with EU Regulation 261/04 or the bindi
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