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Hello

I booked an all inclusive holiday with Jet2holidays.com to Menorca for travel on 03-10-20.

I have since found that the accommodation is not available this year and is not appearing for next year either.

Our due date for balance is 25th July which they have extended to August 22nd.

 

I have emailed and contacted via telephone for advice.

They keep telling me I have to wait until their operations team contact me and this is being done in date order of travel.

However, if this was under 'normal' circumstances I am sure they would have contacted me by now with my options.

 

I have asked several times if I can get a refund but they are not giving me an answer.

The latest offer is to change dates, etc without any admin fees to next year and I have until 31st July to so this. 

Can anyone help with what I am entitled to in these circumstances please? 

 

I would prefer a refund then we can book elsewhere.

The prices for next year are so high for our preferred destination and the accommodation we wanted is now only half board.

 

Thank you

 

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HI

 

Update.

Just to let you know I have emailed the CEO of Jet 2 and awaiting a reply

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Reply from Jet2 

 

Quote

 

Hi XXXXXXX,

 

Thanks for your email to Steve Heapy, the CEO of Jet2holidays; I’ve been asked to respond on his behalf.

 

I’m sorry you’ve been left feeling disappointed, as this isn’t how we would wish for any of our customers to feel. I can see my colleague responded this morning, and the advice they have provided is correct.

 

As the change of hotel is ouside of our control, and caused by the extraudinary circumstances surrounding the coronavirus pandemic, we won’t be able to consider a refund of your holiday costs should you choose to cancel. This is in line with the package travel regulations, and we must treat all customers fairly and consistently in line with our policies.

 

Unfortunately, there must be a time limit in place with accommodation changes, as hotels are only able to keep availability for us for so long. I appreciate this isn’t ideal and has left you feeling under pressure to make a decision, and this isn’t how we would wish to operate in anything other than extraordinary circumstances.

 

While I appreciate your disappointment, we have an unprecedented volume of customers to contact and a certain amount of staff who can process and investigate accommodation changes, so ask customers to be patient with us at this time. Please be assured we have released options and information to customers as quickly as practically possible in the circumstances.

 

I hope you have a lovely holiday and we look forward to welcoming you on board.

Customer Service Escalations Executive

 

 

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You are entitled to a refund. It's very clear and if you look through the Internet – BBC website newspapers et cetera, you will find that that is the case.

How did you pay?

Also, what was the value of the holiday?

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Posted (edited)

Hi BankFodder

 

We paid by debit card and have only paid £450 so far. The holiday is £2360 in total which is due to be paid by August 22nd.

It will be 70 days until holiday on 25th July. We were due to travel on October 3rd. 

 

I did try to find some information and have now looked at the travel regulations which point to a refund.

However, this 'escalation executive' seems to think we are not due a refund 'under travel regulations'

Edited by mackem67
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(b)the traveller does not accept a substitute package,

the organiser must refund all payments made by or on behalf of the traveller without undue delay and in any event not later than 14 days after the contract is terminated.

Is this relevant to my situation?

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Anyway they are still refusing and quoting travel regulations.

 

Seems we don't have a choice

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Hey, it seems standards at the moment of both airline and package tours not cancelling flights/stays until the last minute, so they don't have to issue refunds. (They're all short on cash). One result is that customers who have paid a deposit are indeed left shafted, and feel pressured to bail out and lose it. Free money for the operator, and no refund obligation. Probably legal, but quite disgusting indeed. That's possibly also why they don't feel in a rush to offer cheap deals for next years, making sure they milk money out of customers left with this choice: lose a deposit, or pay more than they should for their holiday. Absolutely nasty business practice.

 

However keep in mind they only have the upper hand if the holiday is not cancelled. If the hotel is shut down or the flight you were booked on is cancelled, then they have to refund you all your money. That's why they don't cancel until the last second.

 

One option that you have, if you can afford that kind of money, is to pay the remaining £1800. Using a credit card (never use a debit card for travel!). Then either of these 2 things will happen:

1) Your holiday will get cancelled. Or you will be offered a flight change/date change/hotel change (refuse refuse refuse!) and you will be entitled to a full refund. This will be enforceable with your credit card company in case they refuse. Refuse any vouchers.

2) Your holiday will not get cancelled. That is your worst case scenario and you will have to take it.

 

If you are vulnerable to Covid-19, you may just be better off accept the company's blackmail and forfeit your deposit / pay the higher price for next year.

 

If you have full confidence that the holiday will get cancelled (for example you know for a fact already that the hotel will not be open), I would recommend you go ahead and play them at their own game.

 

I would also make sure to make some noise on Social Media either way to warn customers to not deal with such companies. However I have heard from other sources that Jet2 had been quite good so far with refunding cancelled flights in a prompt manner, so there is definitely hope for you there.

 

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1 hour ago, Kyosanto said:

If you have full confidence that the holiday will get cancelled (for example you know for a fact already that the hotel will not be open), I would recommend you go ahead and play them at their own game.

 

This is the email I received from the hotel group, confirming they are closed in 2020

 

From: puntaprimaplaya@comitashotels.com <puntaprimaplaya@comitashotels.com>
Sent: Tuesday, June 30, 2020 8:02:46 AM
To: '
Subject: RE: Booking with Jet2
 

Good Morning XXXXXXXX,

Thank you for your email.

the isla del aire apartments in 2020 are not going to open.

we wait for you in 2021!!!!

Kind regards,

begoña

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There you go then, you are being blackmailed. Just checked the wording of the template corporate response you received. Did you notice this? (bolding mine)

 

Quote

we won’t be able to consider a refund of your holiday costs should you choose to cancel

 

You're not choosing to cancel. The choice has been made for you. The problem here is that your OTA is refusing to admit that your holiday is being cancelled, until the very last minute and trying to force your hand into choosing to cancel it.

 

No matter what you do do not cancel it yourself, and lose your deposit. The way I see it you have 2 options:

1) Pay the £1800 and wait for them to cancel your holiday, then get the refund you are entitled to. Please only do this if you can afford it.

2) Don't pay the balance, but don't cancel. Try and negotiate further with them so they can't claim that you chose to cancel. Show them the evidence you shown us that your holiday is already cancelled, and demand they provide evidence that your holiday is going ahead. Send them a letter of intent, take them to small claims court if they refuse to refund your deposit. 

 

People on this forum other than me should be able to help with step 2)

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Posted (edited)

Thanks for your help.

 

I have just seen this on a facebook thread 

 

 We saw our hotel was not opening so we rang Jet2.com who immediately offered another hotel and gave us a refund the lady was very helpful and polite

 

When I rang Jet2 they said they couldn't help

 

At this point  I really would like them to offer us a refund.

We do have the funds to pay the balance, but this may be a risk surely as we don't use credit cards. Or are they bound to refund if we refuse to change?

Would you advise me to email CEO again and forward the email I have from the accommodation?

 

This was one of the replies I received:

 

Hi Pauline,

 

Thanks for your email

 

I’m sorry you’re unhappy with our position, but must respectfully confirm this remains unchanged. This position is in line with the package travel regulations.

 

If your flight had been cancelled and we were unable to provide an alternative flight within 12 hours of the original flight time you would be offered a refund, but we would aim to provide a suitable alternative to ensure the holiday goes ahead, meaning there is some flexibility in the way we can provide this written into the legislation.

 

Similarly if we are able to provide an alternative hotel which meets certain criteria based on the hotel originally booked, we do not offer a refund as we have been able to provide an equivalent package.

 

The options would be to accept the alternative hotel, or amend with no administration fees. Please note, if this options is chosen you would need to pay the difference if the cost of the new booking uis higher, and of course if the cost is lower we would refund this for you.

 

We have suspended our award-winning flights and holidays until the 15th July, and our last flights to the UK before this suspension departed on the 21st March, which created a lot of unprecedented demand, causing prices to fluctuate much more than normal. This system reacts automatically according to demand and availability.

 

I hope we’ll be able to welcome you on board soon.

 

Kind regards,

 

Benjamin Addison

Customer Service Escalations Executive

 

and the last one I received

 

Hi Pauline,

 

Thanks for your further email to Steve Heapy, the CEO of Jet2holidays; I’ve been asked to respond on his behalf.

 

While I’m sorry you’re disappointed, and certainly appreciate your frustrations and personal circumstances, I must respectully advise our position will not change.

 

You’ve reached the end of our internal complaints process, and if you’re unhappy I would recommend speaking to ABTA at www.abta.com. This would be the correct next step if you wish to take this further as our membership means you have access to their Alternative Dispute Resolution process.

 

Thanks again for contacting Jet2holidays.

 

Kind regards,

Edited by mackem67
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Hmmm, did a bit of googling and it seems you can refuse the change if it's significant.

 

Jet2 need to let you know which hotel you will be moved to. I don't think it's reasonable to expect you to pay the balance in full when you don't know what hotel you have been rebooked to. If the hotel is significantly different, then you'd be entitled to the refund.

 

If anyone here knows what would reasonably be considered significant enough for a change, then shout because I havn't a clue :)

 

More reading:

https://www.which.co.uk/consumer-rights/advice/my-package-holiday-has-been-changed-or-cancelled#:~:text=Under the Package Travel and,refund%2C with no cancellation fee.

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Thanks - I got this off ABTA website

 

  • If there are significant changes to the main characteristics of the holiday that mean a significant change to the holiday as whole you are entitled to an offer of an alternative holiday, or a refund of your holiday cost.

ABTA cannot determine what is and isn’t a significant change to your particular package holiday, however a general overview of what might be a significant change is below:

 

  • a change of resort; 
  • a change of accommodation to that of a lower category and/or price; 
  • a change of flight time or delay of flight of more than 12 hours (in respect of a 14-day duration.  A change of flight time less than 12 hours may still be regarded as a significant change in respect of a lesser duration) or involving a reduction in time spent at the resort which is significant in relation to the length of the holiday; 
  • a change of airport that's inconvenient to you. 

If the holiday or trip can’t actually be provided due to closures and limitations, then you have a right to a refund.

 

On Jet 2 T & C's it does say a change of accommodation is a minor change,

 

however,  I think that is subjective as what is minor to one person is possible significant to another and to me it is significant that the hotel is closed.

 

They have not even said what they would offer me so I agree I don't think we should pay any balance until this is at least discussed.

 

There are only 2 other hotels in Punta Prima which offer all inclusive and both get poorer reviews that the one we booked.

 

I know this won't make a difference to Jet2, however one of them is also 1.5km from the beach! Our booked accommodation was actually on the beach.

 

I am so frustrated with Jet 2 and unsure where to turn now.

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Jet2 need to give you the hotel you are being rebooked to.

A change from "your previous hotel" to "no hotel" (as things currently stand)  is significant enough imho to ask for a full refund.

 

@monyl I think the problem is different here, since the holiday wasn't cancelled due to lockdown. On the opposite Jet2 are trying to do their utmost to not cancel the holiday, and find an alternative accommodation for the OP so they can get away with not having to provide a refund. To devil's advocate for a minute, I don't want to defend their business practice but I must say I understand that they're trying their utmost to avoid losing even more cash than they already have. They'll have to provide something that's "significantly" similar to what the OP requested though, to stand a chance to legally do so.

 

 

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I am going to email Jet 2 escalation executive with cc to the CEO now and this is what I am saying.

 

Could anyone tell me if I should change it at all please - I have included the emails from me to Jet2 and their reply on 4th and 13th June:

 

Please see emails from June 4th and June 13th in which I enquired about our hotel not showing on your website.
 
I have written confirmation from Comitas hotels that they are not opening this Summer. (I will forward this to you following this email)
 
Could you please provide evidence that my holiday as booked is still going ahead as planned? If you are unable to do this then I would like to know of your intentions going forward.  If you are going to offer a change of accommodation, I would like to know what that will be. 
Surely Jet 2 should have contacted me regarding this as soon as they knew? I do not feel it is fair to make me wait until probably September to get in touch.

 

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Kyosanto suggested you should find out which hotel they're proposing and it sounds to me that knowing that could help your argument later. If it were me, I would just ask which hotel they're offering at your destination.

 

HB

Illegitimi non carborundum

 

 

 

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Hi Honeybee,

 

Thanks I will take the last bit off and leave it that simple  - sent.

Let's see what response I get, although I can guess it will be the same as before - have to wait for ops team etc etc

 

If that is the case does that mean their contract is void as they are not providing me with alternative acommodation?

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Posted (edited)

Quick response this time with same old information. As you can see they won't tell me anything other than I have to wait. There is a time limit on changing without admin fees too, so I only have until 31st July

 

Benjamin Addison <Benjamin.Addison@jet2holidays.com>
Mon 13/07/2020 15:16
 
 

6500031/S20H

 

 

Hi Pauline,

 

Thanks for your further email to Steve Heapy, the CEO of Jet2holidays; I’ve been asked to respond on his behalf.

 

I understand you’ve messaged your hotel and they have confirmed they will not be open for the duration of your stay.

 

If for any reason your holiday can’t go ahead as planned, we will be in touch to make you aware of your options. We know some hotels have made the difficult decision to remain closed this summer and we have a dedicated team who are working hard to get in touch with affected customers as quickly as possible.

 

We are contacting customers in departure date order to make them aware of their options, as we feel is the fairest way so please be patient with us as we do this. Until you are contacted by our Operations Team, I will unfortunately be unable to provide any details or comment further.

 

As advised previously, you have reached the end of our internal complaints process, and if you remain unhappy you will need to speak to ABTA at www.abta.com.

 

Kind regards,

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Benjamin Addison

Edited by mackem67
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Do I reply with 'my holiday is clearly not going ahead as planned as the hotel is closed until 2021' ?

 

He can tell me I am at the end of the complaints line as many times as he wishes but I am sure I shouldn't have to wait when I have already given them proof that I do not have any accommodation to travel to!

 

This is so frustrating. 

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Sounds like you're getting somewhere at least, and they'll be forced to contact you at some point. Maybe you can try something like this?
*****


Thank you very much for your reply Benjamin,

 

I appreciate that the times are difficult, and will be awaiting the next communication from your part regarding the options that are open to me following the closure of the originally booked hotel.

 

Regarding the payment of the holiday, may I have please have your assurance that I will not be made to settle my balance until I have received a reasonable alternative arrangement proposal from your operations team? Please acknowledge that I cannot be expected to settle payment when the accommodation details havn't been provided to me. 

With this assurance from your part, I won't be needing to speak to ABTA about this.

 

Thank you for your understanding

 

*****

 

Then the next step is up to you really.

 

Do you want to take a holiday in October this year? Are you on the fence about it? Is it completely out of the question? 

 

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Posted (edited)

Thanks I will try that.

 

We don't really want to take a holiday in October this year. I have Diabetes & Asthma/COPD which puts me at greater risk where Covid-19 is concerned.

My Daughter & her partner no longer wish to go - they both have anxiety issues. My Daughter having emotionally unstable personality disorder and this is likely to exacerbate her symptoms. My Grandson also has Asthma.

 

It is a tricky situation because if they do offer an alternative, do I have to accept it as long as it is of same or higher standard, even though neither of the only 2 available on their website are the same in terms of other facilities ie. proximity to the beach, type of accommodation (ours was a 2 bedroom apt on beach), proximity to shops, bars etc.

 

I hate that they have restricted my choice to change by limiting the time I have to do so. I think I would be happy if they simply gave me more time to think and re-arrange the holiday without incurring admin fees. Considering they have no hotel for me yet I think that is reasonable, but apparently they do not.

Do you think it would be worth asking this question again?

Edited by mackem67
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Hi again, it's frustrating indeed to hear that vulnerable customers are being pressured into forfeiting deposits or making financial commitments in times like this. I wonder how Social Media would react to this story.

 

Given your personal circumstances it's pretty apparent indeed that you should in no case attempt to go this year. Gambling the extra £1800 is not worth it. As you say, they could force you to accept a "better" accommodation in the same area (which other customers may be very happy with).

 

Do you have yearly travel insurance that was booked before covid-19 and is valid up to October? That might be a way to recoup your lost deposit.

 

If you rebook for next year, are you able to keep your deposit as is without having to pay more? If so one option might be to go ahead and rebook anyway, with the resolve that if the dates dont work out or you find a better deal elsewhere, you'll forfeit the deposit. At least it lets you decide later.

 

Other than that, the only thing you can do is keep trying to demand that they disclose the accommodation plan before you settle the balance, and if they fail, to argue that their inability to disclose it constitutes in itself a significant change.

 

You might have to fight for a while for those £450  :(  But at least you know you're not losing more than that, and you and your family will be safe this year!

 

 

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HI

 

I got an immediate response to last email asking about payment etc that you suggested

 

Hi,

 

Thanks for your email.

 

I will review your additional comments and respond in the next 7 days. I must respectfully advise that I must respond to all customers I’m in correspondence with in strict date order in order to remain fair, but I will be in touch as soon as possible.

 

Kind regards,

image.png.f301a1a926efdd3f30baee9986c3f195.png

Benjamin Addison

Customer Service Escalations Executive

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HI

 

Further update email

 

Hi Pauline,

 

Thanks for your further email.

 

I can’t advise that you will not need to pay for the remainder of the booking until an alternative you are happy with is found, as this isn’t in line with the terms and conditions agreed to at the time of booking, or the package travel regulations. Customers who wish to keep the holiday in place would need to pay the remaining balance or it will be cancelled at the relevant charges, regardless of whether the hotel is affected.

 

If a booking is affected our priority will be to source an alternative hotel, to ensure customers can still go on holiday. If a suitable alternative can be provided, in line with the criteria set out in the package travel regulations, no refund will be due if the customer does not wish to travel on the holiday and make use the alternative hotel.

 

Kind regards,

image.png.01e3a492a7794da3f00529cc0b300a8f.png

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