Lastminute.com complaints

[Ellie May]

Hi folks

 

Quick question if you please. I am having a lot of problems with Lastminute.com and the frankly ficticious info on their website (not in relation to the holiday itself as I know they are agents, but the customer service stuff about cancellations etc) and unfortunately they are not taking me on at all and won't even answer my questions.

 

So what I want to know is who regulates them? I guess as agents rathet than a travel company they are not ABTA members, so is this an OFT job? Also what about advertising standards agency? Any thoughts?

 

Thanks!!

[Ellie May]

Bump

 

 

Help folks!! You are worrying me now.....

[ATD]

I guess it depends on what you have bought from them, but they are ABTA and ATOL bonded...

 

Below was hidden amongst rafts of other T&C's on their website (it's about 3/4 of the way through):

 

Terms and conditions

 

 

lastminute.com entertainment package terms & conditions

 

1. 
   
2. Your Contract
   When you create your own entertainment package (for example when you package together two or more of an entertainment ticket, flight, hotel or carhire) on the lastminute.com site (or any other site using the lastminute.com dynamic packaging technology) your contract will be with LM Travel Services Limited ("we", "us") which is part of the lastminute.com Limited group. LM Travel Services Limited hold an Air Travel Organisers License (ATOL 3970) for your financial security and are members of ABTA (E7760). When booking entertainment package arrangements our contract with you begins when you receive the confirmation e-mail stating that we have received your order. Once the contract is made we are responsible for providing the entertainment package you have booked and you are responsible to us to pay for them. In parties of two or more people the person who makes the booking accepts responsibility for making payments to us for all members of the party.
   Consumer Protection
   Entertainment packages which include a flight booking on this web site are ATOL Protected, since we hold an Air Travel Organiser's Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL 3970. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk.
   
3. How to make a booking
   To secure a booking you must fill in all the relevant fields on the online booking form and then wait for us to send you an e-mail confirming that booking.
   
4. Payments
   Unless otherwise specified on the website we take full payment by credit / debit card for your entertainment package when you book. PLEASE NOTE: The Destination Group does not accept payment using third party credit/debit cards. Only travelling passengers can make payments using their own credit/debit card.
   
5. Additional Charges
   We reserve the right to change our prices at any time before you book. If we do you will be told of the revised price applicable to your booking before you commit yourself. As soon as you have paid full payment and your entertainment package arrangements have been confirmed we guarantee that from 30 days before your departure date that the price of your entertainment package will not be subject to any surcharges excepting for :-
   


1. variations in transportation costs, including the cost of fuel;
   
2. variations in dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports;
   

and that within 30 days of your departure date we guarantee that the price of your entertainment package will not be subject to any surcharges.

Should the above mentioned price variations be downward then the price of your entertainment package will be accordingly reduced and any refund due paid to you.

If the above price variations mean that the cost of your entertainment package goes up, we will absorb, and you will not be charged for, any increase equal to up to 2% on your entertainment package price. You will only have to pay the amount over and above that 2% of the entertainment package price. If the above price variations increase the price of your entertainment package by more than 10% you will be entitled to;

 

 

1. take our offered substitute package of equivalent or superior quality if we are able to provide one
   
2. take our offered substitute package of lower quality if we are able to provide one and accept a refund from us of the difference in price between the price of the package purchased and the substitute one offered
   
3. cancel your entertainment package with a full refund of all monies paid.
   

 

 

We will also pay appropriate compensation for SIGNIFICANT CHANGES or cancellation of your entertainment package arrangements unless the change to or cancellation of your arrangements occurs by reason of unusual and unforeseeable circumstances beyond our control or that of our suppliers, the consequences of which could not have been avoided even if all due care had been exercised such as war, a state of war, riot, fire, civil strife, industrial action, terrorist activity, natural or nuclear disaster, adverse weather conditions or other conditions amounting to force majeure. In these circumstances we will also not pay any resulting expenses or additional costs. Where compensation is due, we will pay you the following amounts, unless you can prove a greater loss (where a greater compensation payment may be due): Time before your entertainment package begins when we tell you about a significant change Compensation per person More than 56 days Nil 43 - 56 days £10 29 - 42 days £20 15 - 28 days £30 14 days or less £50

[*]Changes by us to, or cancellation by us of, your entertainment package arrangements It is very unlikely that we will have to make any changes to, or to cancel, your entertainment package. However, we do plan arrangements a long time in advance and we use the services of independent suppliers, such as hotels, airlines etc, over whom we have no direct control. If it is the case that changes need to be made, or we need to cancel your arrangements, we reserve the right to do so at any time. Most of these changes are minor, and we do not pay compensation for minor changes, but whenever possible we will advise you. Any flight timings and carriers in the brochure or on our websites are subject to change as a result of airline procedures and these details are given for guidance only. Final details will be shown on your tickets.

 

If a SIGNIFICANT CHANGE to your entertainment package occurs or becomes necessary, we will inform you as soon as possible if there is time before departure. When a SIGNIFICANT CHANGE occurs (such as a change of venue, hotel or a change of flight time of more than 12 hours) or we have to cancel your arrangements, you will have the choice of:-

1. accepting the change of arrangements
   
2. taking our offered substitute package of equivalent or superior quality if we are able to provide one.
   
3. taking our offered substitute package of lower quality if we are able to provide one and accept a refund from us of the difference in price between the price of the package purchased and the substitute one offered.
   
4. cancelling your entertainment package with a full refund of all monies paid.
    
   We will also pay appropriate compensation for SIGNIFICANT CHANGES or cancellation of entertainment packages unless the change to or cancellation of your arrangements occurs by reason of unusual and unforeseeable circumstances beyond our control or that of our suppliers, the consequences of which could not have been avoided even if all due care had been exercised such as war, a state of war, riot, fire, civil strife, industrial action, terrorist activity, natural or nuclear disaster, adverse weather conditions or other conditions amounting to force majeure. In these circumstances we will also not pay any resulting expenses or additional costs. Where compensation is due, we will pay you the following amounts, unless you can prove a greater loss (where a greater compensation payment may be due): Time before your entertainment package begins when we tell you about a significant change Compensation per person More than 56 days Nil 43 - 56 days £10 29 - 42 days £20 15 - 28 days £30 14 days or less £50
   

 

[*]Changes by you to your entertainment package arrangements

If after our confirmation has been issued you wish to change any part of your entertainment package arrangements, we will make every effort to help you do this, subject to availability and the type of ultimate product suppliers (promoters, theatres, car-hire companies, hotels etc), you have chosen and their cancellation/change charges details of which will be provided to you on request at any time including prior to booking. If you want to change any details regarding your flight reservation, airline rules mean that we may have to cancel your original flight and purchase a new one and you will be required to pay the full flight cost again. We will charge you an administration charge of £45.00 per change per booking, and you will be liable to pay the hotel, car-hire, airline or other ultimate product charges resulting from your changes. NB: Once Airline Tickets are issued, usually 28 days prior to departure, changes are not permitted. Changes after airline tickets are issued will result in a 100% cancellation charge.

[*]Cancellation by you

If you wish to cancel your entertainment package for any other reason than for their being additional charges (see clause 4) or alterations (clause 5) we must be notified in writing. Cancellation will be deemed to occur on the day we receive this cancellation request so you may want to use recorded delivery. As this incurs administrative costs we will charge you an administration charge of £45.00 per person per booking, and you will be liable to pay the venue, theatre, hotel, car-hire, airline or other charges levied on us as a result of your cancellation, in regard to which we will take all reasonable steps to ensure are kept to a minimum.

After ticket issue cancellation will result in a loss of 100% of total cost of all arrangements in most cases.

You will have the opportunity to see specific cancellation charges at the time of booking and copies of all suppliers terms and conditions relating to your booking are available on request at any time. For example if you have included car hire as a component in your package entertainment package there are both additional terms and cancellation charges, they are detailed in clause 16 below. In addition if you have booked a tour and/or an excursion the cancellation charges (imposed upon us by our suppliers) are likely to be 100%.

If you have taken out travel insurance and the reason you are cancelling is covered by that insurance, you should be able to obtain payment of these cancellation charges (after deducting any part of the claim which the insurance company insists you pay) from your insurance company. You must pay the cancellation charges first. Please make sure you get written confirmation of your cancellation from us - this proves we have received your cancellation and you will need it to make a claim on your insurance.

[*]The Company's Liability to you

We accept liability for matters which arise as a result of our negligence and/or breach of our contractual duty to exercise care in making arrangements for you, including any acts or omissions by our employees or agents. We also accept liability for any negligent act or omission of our suppliers who may operate elements of your entertainment package arrangements, including any claim involving death, personal injury or illness. However, in respect of carriage by air, sea and rail the company limits its liability to the extent of the relevant international convention. You are subjected to the terms and conditions of the carriers concerned some of which exclude or limit liability in respect of death, injury, delay and loss or damage to baggage. It is also important to note that if delays, diversions or rescheduling or cancellation of your arrangements occurs by reason of unusual and unforeseeable circumstances beyond our control or that of our suppliers, the consequences of which could not have been avoided even if all due care had been exercised such as war, a state of war, riot, fire, civil strife, industrial action, terrorist activity, natural or nuclear disaster, adverse weather conditions or other conditions amounting to force majeure we will not be liable. In these circumstances we will also not pay any resulting expenses or additional costs.

[*]Claims and Complaints

If you have a complaint regarding the entertainment package you must tell the relevant supplier (e.g. hotel) or our agent immediately. Most problems can be solved on the spot but if after you return home you are still not satisfied you must write to our customer relations department on your return. It is unlikely that you will have a complaint that cannot be settled amicably between us, however, if this is not the case any dispute arising out of, or in connection with this contract, may (if you wish) be referred to Arbitration under a special scheme, which, though devised by arrangement with the Association of British Travel Agents, is administered quite independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability of the client in respect of costs. The scheme does not apply to claims for an amount greater than £5,000.00 per person or £15,000.00 per booking form or to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness, although it does include claims with an element of injury or illness up to £1,000 on that element. Written notice requesting Arbitration must be made within 9 months after the scheduled date of return from the entertainment package.

[*]Brochures and Web Sites

Every effort has been made to ensure the accuracy of descriptions and information. However, we are not always able to control all the components of the entertainment package arrangements and it is possible that an advertised facility may be withdrawn or changed, due to weather conditions, lack of demand or for maintenance, renovations etc. We will advise you if we become aware of a major change. We will make all reasonable efforts to inform you of any changes at any stage in your booking prior to travel. We will advise you if we become aware of a major change (eg a change of venue, hotel, or a change of flight time of more than 12 hours, and if any changes occur after you have confirmed booking you should refer to clause 5 of these Terms and Conditions for the options available to you in these circumstances.

[*]Passport/Visas/Health requirements

Where your entertainment package includes overseas travel, we can only advise of the requirements for British and Irish passport holders. All requirements should be checked with the relevant Embassy of the destination country. A valid 10-year passport is necessary for all our entertainment packages. Some overseas countries have an immigration requirement that your passport is valid for a minimum period after you enter that country, typically 6 months. If your passport is in its final year of validity, we advise you confirm the requirements of the destination before making final travel plans. You should apply for a passport or to renew an expired passport at least four weeks before traveling.

The UK Passport Agency can provide further information at: IPS

• Passports for children and young people:
  Children not already included on a valid British passport will need to hold their own passport if they are to travel abroad. Children who were included on a passport before 5 October 1998 may continue to travel with the passport holder until: * The child reaches the age of 16; or* The passport on which the child is included expires; or * The passport on which the child is included is replaced or an amendment results in the issue of a new passport
  
• Names:
  The name on the passport must match the name on the ticket, otherwise you may not be able to travel and insurance may be invalid. If, after booking a entertainment package but before traveling, any member of your party changes their name, e.g. as a result of getting married, we must be notified immediately so that we can make the necessary changes to your entertainment package documentation.
  
• Visas:
  You should contact your Embassy for information and advice on the visa requirements of the countries you propose to visit. Please note: Passport and visa regulations can change and you should therefore check with the relevant embassy well in advance of travel, even if you have traveled to this destination before. It is your responsibility to be in possession of a valid passport and, if appropriate, a visa. It can often take some time to obtain a visa, so you are advised to apply in plenty of timeWe accept no responsibility for customers who do not possess the correct documents.
  
• Health
  facilities, hygiene and disease risks vary worldwide. You should take health advice about your specific needs as early as possible. Sources of information include the Department of Health's free leaflet "Health Advice For Travellers", your GP or a specialist clinic. Please note that you are strongly advised against scuba diving for 24hrs before travelling by air.For the most up-to-date essential information on your choice of destination and to ensure you make the most of your trip abroad, we recommend you visit the Foreign Commonwealth Office (FCO) website at www.fco.gov/uk/knowbeforeyougo
  

 

[*]Insurance

You must in all cases take out adequate travel insurance through the company, the travel agent or other approved insurance supplier.

[morning_pete]

I believe Expedia do all their customer support/relations work though...?

[msidders]

They are totally useless.. even their own staff have problems booking holidays through THEM! (that's the truth).