Government Called to Increase Consumer Protections Following XL Collapse
It has been a thoroughly miserable summer for British holidaymakers! Poor standards in holiday contracts, complete failures to provide consumer rights under the Package Travel Regulations, mass holiday sickness, reports of salmonella, e coli, cryptosporidium and other diseases, the collapse of Zoom, and now the collapse of the XL Leisure Group, stranding many holidaymakers both here in the UK and abroad.
HolidayTravelWatch extends its sympathies and understanding both to the holidaymakers and employees, in what is a very difficult time for all.
Access to External Sources of Consumer Information:
Holidaymakers seeking up to date news on this collapse are recommended to review the reports created by the BBC news as a good source of timely information.
In addition, holidaymakers should also refer to the information published by the Civil Aviation Authority which gives comprehensive advices as to what action holidaymakers should now take.
ABTA has also produced its own guide on the current situation.
What Protections or Sources of Assistance are available?
ATOL:
The principle protection for consumers is contained within an Air Tour Operators Licence (ATOL). Simply, any travel provider who sells inclusive air holidays, or a flight, as a principle, are required to hold an ATOL Licence. This licence ensures that in the event of the collapse of an ATOL Licence holder, the Civil Aviation Authority, who administer the scheme, will ensure the continuation of the package or air holiday, or a refund of the monies paid for a flight booked under this protection. If a holiday or flight is not booked with this protection in place or with a non-licenced travel provider, then they have no Consumer Protections.
Travel Insurance Policies:
Some policies provide for supplier failure. You will need to check your insurance policy to see whether you are covered.
Credit Cards:
If you paid by credit card, then your credit card company should assist you to deal with this difficulty under Section 75 of the Consumer Credit Act. You should consider contacting them to lodge your complaint. The following link relates to a template letter you could send to your credit card company to activate your complaint with them (this is provided by Consumer Direct) – http://www.consumerdirect.gov.uk/after_you_buy/making-complaint/template-letters/consumer_credit/
It may also be possible to seek further assistance from your bank if you paid by Visa Debit. You shpould contact your bank for further information.
Creditor:
If you are owed money, you will be entitled to register as a creditor of the XL Leisure Group, through the Adminsitrators, Kroll Limited.
XL Leisure Group ATOL Protected Holidays:
Holidaymakers who are seeking the return of their monies under the ATOL Protection Scheme, should follow the links to each travel company listed below. The link will direct you to the ATOL Claim Form, but holidaymakers should remember to check for the period within which they must claim.
XL Leisure Group Non-Protected ATOL:
If you booked with the following companies, they are not ATOL protected, and therefore no payments will be made from the ATOL scheme. You should refer to the options detailed above:
- XL Airways;
- Medlife.
Frank Brehany, the Seniour Consumer Advocate for HolidayTravelWatch states:
“The fudge on the issue of consumer protection must end here and now. All holidays, or so called ‘DIY’ travel arrangements must be protected. There is no room for ambiguity, no room for complacency. Whilst my thoughts are with the holidaymakers and employees of this company, I am concerned for those holidaymakers who decided to take the ‘DIY’ route to their holiday. They are totally without protection tonight, they are without any assistance or protection. Government must break through the articificial debate of what is or is not a Package Holiday, and ensure that all holidaymakers receive the full Consumer protections they deserve”.
Tags: ATOL, Free Holiday Complaints Letters, Package Travel Regulations
HTW has noted that amongst the submissions to the Committee on Toxicity (COT) it has been suggested that the symptoms highlighted by crew and passengers were akin to the condition of hyperventilation.
HTW has for many years received reports from concerned holiday makers or independent travellers as to the safety of their aircraft, ship or boat, train or road transport.
