Quick bit of advice please

[dx4100]

Originally Posted by Leanne1977

So are you saying that if in a months time, Sunshine come back to me with flights on Air Ukraine(no idea if that is a real airline) that I have to accept them? Because that won’t be happening! The document that was sent outlining my rights states that if there is a major change, other than price, then I am entitled to a full refund. At this moment in time there isn’t another flight on the date we wish to fly, to the airport we wish to fly to, for a price the same or less than I paid. Surely they cannot force me to pay more or fly with an airline that I would never have booked?

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Let say you booked economy seats, going on a Saturday at 3pm and coming back on the following Saturday at 3pm and they managed to find another economy flight going from the same airport around about the same time on that date. They yes... I think most would view that as "suitable"...

Obviously this is where the term "suitable" comes into play. If its now going at 9am instead of 3pm is that still "suitable" ? Well that is the grey area and you would have to fight around that...

Does a change of airline really make a difference ? I doubt you could argue that if im honest as otherwise it would be worded as you would just be due a refund.

I know its not what you want to hear but I think its what you need to hear. Your on the back foot with this I am afraid.

What about just canceling ?

[MickeyYay]

Originally Posted by dx4100

Let say you booked economy seats, going on a Saturday at 3pm and coming back on the following Saturday at 3pm and they managed to find another economy flight going from the same airport around about the same time on that date. They yes... I think most would view that as "suitable"...

Obviously this is where the term "suitable" comes into play. If its now going at 9am instead of 3pm is that still "suitable" ? Well that is the grey area and you would have to fight around that...

Does a change of airline really make a difference ? I doubt you could argue that if im honest as otherwise it would be worded as you would just be due a refund.

I know its not what you want to hear but I think its what you need to hear. Your on the back foot with this I am afraid.

What about just canceling ?

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All of this scenario is purely hypothetical though. Sunshine have offered no alternative. They have asked Leanne to wait not weeks, but months. This is not reasonable. At which point they could come back and cancel it all on the basis of being unable to source alternative flights.
Having to wait months is not acceptable. Currently there are no flights connected to the package.

Are you suggesting Leanne cancels and forfeits any monies already paid? Well now that is giving out bad advice. There is absolutely zero reason she should be out of pocket from this.

[Leanne1977]

Originally Posted by dx4100

Let say you booked economy seats, going on a Saturday at 3pm and coming back on the following Saturday at 3pm and they managed to find another economy flight going from the same airport around about the same time on that date. They yes... I think most would view that as "suitable"...

Obviously this is where the term "suitable" comes into play. If its now going at 9am instead of 3pm is that still "suitable" ? Well that is the grey area and you would have to fight around that...

Does a change of airline really make a difference ? I doubt you could argue that if im honest as otherwise it would be worded as you would just be due a refund.

I know its not what you want to hear but I think its what you need to hear. Your on the back foot with this I am afraid.

What about just canceling ?

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They want to keep all money paid if I cancel now. We only fly Thomas Cook or EasyJet for our European holidays as they are tried and tested by us with regards to their help with our disabled son.

[dx4100]

Originally Posted by MickeyYay

Are you suggesting Leanne cancels and forfeits any monies already paid? Well now that is giving out bad advice. There is absolutely zero reason she should be out of pocket from this.

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I am not suggesting she does anything. Just presenting options...

Personally if I was her I would just presume I still had a holiday until the point the company cancelled the holiday at which point I would claim on the most suitable route, get all the money back, and book another holiday.

Its cost me an additional £324 in additional costs to rebook my TC flights and I am not flying out of Gatwick instead of Manchester. Sadly you can end up out of pocket due to no fault of your own in these matters.

As it stands the holiday isn't cancelled and her three options from my understanding are:

• Wait and see
• Take legal action
• Process a cancellation (no doubt at the loss of some money)

Its entirely up to her what she does.

I only pulled you up because I thought what you was saying was factually incorrect.

[dx4100]

Originally Posted by Leanne1977

They want to keep all money paid if I cancel now. We only fly Thomas Cook or EasyJet for our European holidays as they are tried and tested by us with regards to their help with our disabled son.

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Double check the T&Cs and see what the written refund policy is. This far out its often just the deposit.

If you have a disabled son then this may help your claim that any alternative flight isn't suitable. But I think you are going to have to wait for the offer to come in first.

Good luck either way - I am only trying to help. I hope you get it sorted in your favour

[dx4100]

Originally Posted by MickeyYay

All of this scenario is purely hypothetical though. Sunshine have offered no alternative. They have asked Leanne to wait not weeks, but months. This is not reasonable. At which point they could come back and cancel it all on the basis of being unable to source alternative flights.
Having to wait months is not acceptable. Currently there are no flights connected to the package.

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I think you need to stop shouting the same line...

Who do you suggest she takes this up with ?

• She can keep shouting at the company who is saying we will sort you out...
• She can shout at ABTA but they say the provider are within their rights to present alternative flights and obviously this will take some time. The holiday at this point is not cancelled so she can't make a claim.
• CC company won't touch it as its ABTA who need to issue refund not them.

What do you suggest next? You are kind of shooting the messenger

I think she needs to just wait and see what they come up with and take it from there.

[MickeyYay]

Originally Posted by dx4100

I am not suggesting she does anything. Just presenting options...

Personally if I was her I would just presume I still had a holiday until the point the company cancelled the holiday at which point I would claim on the most suitable route, get all the money back, and book another holiday.

Its cost me an additional £324 in additional costs to rebook my TC flights and I am not flying out of Gatwick instead of Manchester. Sadly you can end up out of pocket due to no fault of your own in these matters.

As it stands the holiday isn't cancelled and her three options from my understanding are:

• Wait and see
• Take legal action
• Process a cancellation (no doubt at the loss of some money)

Its entirely up to her what she does.

I only pulled you up because I thought what you was saying was factually incorrect.

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Yes of course it is up to Leanne what she does. So let’s go back to the original question of this thread. Leanne has stated sunshine can not provide an alternative, with no clear idea if they ever will be able to come up trumps with an alternative she wanted to either a) cancel with full refund or b) tweak dates or holidays to accommodate her needs. Sunshine has not been forthcoming with assisting Leanne so I’m sorry but I also wouldn’t wait for months on end to see if a flight becomes available. So Leanne asks if she can claim on her credit card, and I answer her question that yes under these circumstances (and from some first hand experience) I believe she can.
I also presented options, just because they were different from yours doesn’t mean I’m ‘factually incorrect’. The facts remain the same.. there has been no alternative flight offered, and it is not reasonable to expect to wait indefinitely. So yes I believe she can expect all monies to be recovered.

I’m assuming you are also expecting money back from your cancelled flight.

[MickeyYay]

Originally Posted by dx4100

I think you need to stop shouting the same line...

Who do you suggest she takes this up with ?

• She can keep shouting at the company who is saying we will sort you out...
• She can shout at ABTA but they say the provider are within their rights to present alternative flights and obviously this will take some time. The holiday at this point is not cancelled so she can't make a claim.
• CC company won't touch it as its ABTA who need to issue refund not them.

What do you suggest next? You are kind of shooting the messenger

I think she needs to just wait and see what they come up with and take it from there.

See more...

I’ve already answered your original post to me. Not sure why you felt the need to write out 2 responses.

I don’t see you as a messenger, sorry. There is no message to deliver. You have a different stance on this to me and that’s fine. I would do different to you in this situation.

Leanne hasn’t exhausted her options yet. But I certainly think the option you have put on the table of cancelling and losing monies paid is not a fair one. Your logic on this seems to be because you have also lost out due to the TC collapse.

[dx4100]

Originally Posted by MickeyYay

Yes of course it is up to Leanne what she does. So let’s go back to the original question of this thread. Leanne has stated sunshine can not provide an alternative, with no clear idea if they ever will be able to come up trumps with an alternative she wanted to either a) cancel with full refund or b) tweak dates or holidays to accommodate her needs. Sunshine has not been forthcoming with assisting Leanne so I’m sorry but I also wouldn’t wait for months on end to see if a flight becomes available. So Leanne asks if she can claim on her credit card, and I answer her question that yes under these circumstances (and from some first hand experience) I believe she can.
I also presented options, just because they were different from yours doesn’t mean I’m ‘factually incorrect’. The facts remain the same.. there has been no alternative flight offered, and it is not reasonable to expect to wait indefinitely. So yes I believe she can expect all monies to be recovered.

I’m assuming you are also expecting money back from your cancelled flight.

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Its only been a week...

Yes I expect all the money back via Section 75 claim. My flight has officially been cancelled and it wasn't part of a package so its straight forward Section 75 claim.

[Guest]

Originally Posted by MickeyYay

All of this scenario is purely hypothetical though. Sunshine have offered no alternative. They have asked Leanne to wait not weeks, but months. This is not reasonable. At which point they could come back and cancel it all on the basis of being unable to source alternative flights.
Having to wait months is not acceptable. Currently there are no flights connected to the package.

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At this point in time, Sunshine have indicated that they expect to be able to fulfil the agreement they reached with the OP. Personally, I expect they will, it really isn't that hard to find flights to Turkey is it? As such, they don't need to refund and nor does the CC company need to reimburse as there has been no breach of contract or misrepresentation.

You are being very emotional and are ignoring the legalities of the situation. OP should read her contract and if it says that she can request refund in this situation then she should go ahead and do so, but I suspect from what is already written on the thread, that it does not.

Having to wait months may not be emotionally acceptable, it might not be good customer services, but the issue is whether it is legally acceptable.