Failure of Live Holidays Ltd
Live Holidays Ltd – ATOL 6346 has ceased trading as an ATOL holder on 4th October 2022
The company held an ATOL up until 30th September 2022.
The company based in London traded under the names Cuba Direct & Live Cuba and websites www.cubadirect.co.uk & livecuba.co.uk
If your booking does not include a flight or is a non-flight package, it is not ATOL protected and you should contact Fortis Insolvency Practitioners via their website www.fortisinsolvency.co.uk.
The following information is for ATOL protected bookings. ATOL protected consumers are those that booked:
An ATOL protected flight inclusive package protected by Live Holidays Ltd
Your ATOL Certificate will say either ‘Package Single Contract’ or ‘Package Multi-Contract’ in the bottom right-hand corner.
If you were overseas at the time Live Holidays Ltd ceased trading, and you were requested to pay again for any ground services that were part of your original trip, you can now make a claim for a refund.
When completing the ATOL claim form:
You will need your original booking documents and evidence of payment for information purposes. You do not need to submit your booking documents when completing your claim form, we will request these from you at a later stage, this will include clear receipts showing the method of payment.
- Use your latest ATOL Certificate Number (Booking Reference or Unique reference number in the bottom left-hand corner of your ATOL Certificate). This can also be found on your latest confirmation invoice and should start with “TD”. If this only shows numbers, please add TD in front, without any space, for example TD123456.
- Choose your claim type (Overseas at the time of the ATOL holder’s failure)
- Use your original date of booking
- Enter 00:00 if you do not know your flight times
- Payment transaction dates cannot precede the date of booking
Consumers due to travel
Package bookings
If you have an ATOL protected flight inclusive package booking and have been issued with flight tickets, the flights may be valid for travel and passengers are advised to check with the airline. If the airline confirms you have a valid ticket for travel, you have two options:
Option 1 Claiming a full refund
If you do not wish to use your flight, you may make a claim for a refund for the amount you paid to Live Holidays Ltd for your ATOL Protected Package (depending on your method of payment). Also applicable for passengers with non-valid flights.
If you paid Live Holidays Ltd directly by credit card, ATOL are unable to authorise payment.
Where any part of the payment for your original trip was made using a credit card, pursuant to Section 75 of the Consumer Credit Act 1974, credit card issuers are also responsible for refunding customers the entire cost of the transaction including the payments you made by cheque, cash, debit card, charge card, etc.
Therefore, in accordance with Section 75 of the Consumer Credit Act 1974, you should forward your claim to your credit card issuer for reimbursement of all the payments you personally made including payments by other methods for your holiday, stating you are requesting a refund in accordance with Section 75 of the Consumer Credit Act 1974.
The following letter is required to support your claim to your card issuer (ATOL Negative Response Letter)
In the event your credit card issuer refuses your claim because it does not consider that Section 75 applies, or that Section 75 does not cover the entire amount claimed, obtain a written copy of the refusal which must state the reason for not refunding you, you may then make a claim to ATOL by completing a claim form.
When completing the ATOL claim form:
You will need your original booking documents and evidence of payment for information purposes. You do not need to submit your booking documents when completing your claim form, we will request these from you at a later stage.
- Use your latest ATOL Certificate Number (Booking Reference or Unique reference number in the bottom left-hand corner of your ATOL Certificate). This can also be found on your latest confirmation invoice and should start with “TD”. If this only shows numbers, please add TD in front, without any space, for example TD123456.
- Choose your claim type (forward booking and claiming a full refund)
- Use your original date of booking
- Enter 00:00 if you do not know your flight times
- Complete “Your Details” section and tick if you are the lead passenger prior to using the lookup address function
- Payment transaction dates cannot precede the date of booking
If you paid for your original trip directly to Live Holidays Ltd by other methods i.e., cheque, cash, debit card, bank transfer, charge card, etc you should claim from ATOL.
When completing the ATOL claim form:
You will need your original booking documents and evidence of payment for information purposes. You do not need to submit your booking documents when completing your claim form, we will request these from you at a later stage.
- Use your latest ATOL Certificate Number (Booking Reference or Unique reference number in the bottom left-hand corner of your ATOL Certificate). This can also be found on your latest confirmation invoice and should start with “TD”. If this only shows numbers, please add TD in front, without any space, for example TD123456.
- Choose your claim type (forward booking and claiming a full refund)
- Use your original date of booking
- Enter 00:00 if you do not know your flight times
- Complete “Your Details” section and tick if you are the lead passenger prior to using the lookup address function
- Payment transaction dates cannot precede the date of booking
If you paid for your original trip by any method to an agent of Live Holidays Ltd, you should claim from ATOL.
When completing the ATOL claim form:
You will need your original booking documents and evidence of payment for information purposes. You do not need to submit your booking documents when completing your claim form, we will request these from you at a later stage.
- Use your latest ATOL Certificate Number (Booking Reference or Unique reference number in the bottom left-hand corner of your ATOL Certificate). This can also be found on your latest confirmation invoice and should start with “TD”. If this only shows numbers, please add TD in front, without any space, for example TD123456.
- Choose your claim type (forward booking and claiming a full refund)
- Use your original date of booking
- Enter 00:00 if you do not know your flight times
- Complete “Your Details” section and tick if you are the lead passenger prior to using the lookup address function
- Payment transaction dates cannot precede the date of booking
Option 2 Using flights and claiming for other elements
If the airline confirms you have a valid ticket, you may choose to travel and use your flight. You may be asked to pay again for the other ground elements which formed part of your original package, you may claim for the cost of replacing these elements (depending on the method of your original payment).
To avoid any issues in resort, you should confirm the cost of all the elements in advance of travel.
Replacement elements should be on a ‘like for like’ basis of your original booking, i.e., same board, room type etc. There is a limit to the amount you can claim. For details of your claim entitlements you may view the ATT Payment Policy. Please note your claim cannot exceed the total cost of the original booking made with Live Holidays Ltd.
Warning
Please note that if you choose to travel and use your valid flight, you are not protected under The Package Travel and Linked Travel Arrangements Regulations 2018 as your package travel provider has ceased to trade. You will therefore be responsible for any risks arising from each individual element of your trip which would have previously been protected.
Consumers who choose to travel, can make a claim for the costs incurred in replacing the pre-booked elements of their holiday. If you originally paid Live Holidays Ltd by credit card, then you should claim for the replacement elements from your credit card issuer.
Where any part of the original payment for your trip was made using a credit card, pursuant to Section 75 of the Consumer Credit Act 1974, credit card issuers are also responsible for refunding customers the entire cost of the transaction including the payments you made by cheque, cash, debit card, charge card, etc.
The following letter is required to support your claim to your card issuer (ATOL Negative Response Letter)
In the event your credit card issuer refuses your claim because it does not consider that Section 75 applies, or that Section 75 does not cover the entire amount claimed, obtain a written copy of the refusal which must state the reason for not refunding you, you may then make a claim to ATOL by completing a claim form.
When completing the ATOL claim form:
You will need your original booking documents and evidence of payment for information purposes. You do not need to submit your booking documents when completing your claim form, we will request these from you at a later stage.
- Use your latest ATOL Certificate Number (Booking Reference or Unique reference number in the bottom left-hand corner of your ATOL Certificate). This can also be found on your latest confirmation invoice and should start with “TD”. If this only shows numbers, please add TD in front, without any space, for example TD123456.
- Choose your claim type (forward booking but using an element)
- Use your original date of booking
- Enter 00:00 if you do not know your flight times
- Complete “Your Details” section and tick if you are the lead passenger prior to using the lookup address function
- Payment transaction dates cannot precede the date of booking
If you paid for your original trip by any other method (i.e., cheque, cash, debit card, charge card) you should claim from ATOL. You will only be entitled to claim the cost of your replacement ground elements up to the cost of your original trip and replacement elements should be on a ‘like for like’ basis i.e., same board, room type etc.
When completing the ATOL claim form:
You will need your original booking documents and evidence of payment for information purposes. You do not need to submit your booking documents when completing your claim form, we will request these from you at a later stage.
- Use your latest ATOL Certificate Number (Booking Reference or Unique reference number in the bottom left-hand corner of your ATOL Certificate). This can also be found on your latest confirmation invoice and should start with “TD”. If this only shows numbers, please add TD in front, without any space, for example TD123456.
- Choose your claim type (forward booking but using an element)
- Use your original date of booking
- Enter 00:00 if you do not know your flight times
- Complete “Your Details” section and tick if you are the lead passenger prior to using the lookup address function
- Payment transaction dates cannot precede the date of booking
If you paid for your original trip by any method to an agent of Live Holidays Ltd, you should claim from ATOL. You will only be entitled to claim the cost of your replacement ground elements up to the cost of your original trip. Replacement elements should be on a ‘like for like’ basis i.e., same board, room type etc.
When completing the ATOL claim form:
You will need your original booking documents and evidence of payment for information purposes. You do not need to submit your booking documents when completing your claim form, we will request these from you at a later stage.
- Use your latest ATOL Certificate Number (Booking Reference or Unique reference number in the bottom left-hand corner of your ATOL Certificate). This can also be found on your latest confirmation invoice and should start with “TD”. If this only shows numbers, please add TD in front, without any space, for example TD123456.
- Choose your claim type (forward booking but using an element)
- Use your original date of booking
- Enter 00:00 if you do not know your flight times
- Complete “Your Details” section and tick if you are the lead passenger prior to using the lookup address function
- Payment transaction dates cannot precede the date of booking
ATOL protected bookings that were cancelled, and refund credit notes issued
If your ATOL booking was cancelled on or after 10th March 2020 due to Covid-19 and Live Holidays Ltd issued to you an ATOL Covid-19 Voucher (Live Holidays Ltd may have called it a ‘Refund Credit Note’), which you have not used to book an ATOL protected package, you cannot make a claim, please see further details here.
Information For Travel Agents
If you are holding consumers’ monies that have not been paid to the Live Holidays Ltd, under the terms of the ATOL scheme, you now hold these monies on behalf of the Air Travel Trust. These are termed as ATT Pipeline Monies. Travel agents should not refund consumers or use these monies for a rebooking, unless instructed by the Air Travel Trust.
The CAA will contact you for information on the bookings held with Live Holidays Ltd.
Time limit for making a claim to ATOL by 3rd October 2023.
The UK CAA has the power to prosecute offences related to its statutory functions. Person(s) who make fraudulent ATOL claims, following the failure of an ATOL holder, may be prosecuted by the UK CAA for offences under section 1 of the Fraud Act 2006. The maximum sentence for this offence is 10 years’ imprisonment.