Groupon holiday scam - how to successfully get refund?

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dogthebargainhunter_2
dogthebargainhunter_2 Posts: 9 Forumite
(Will try to keep this as short as possible, sorry!!)

Summary: Travel company via Groupon hastily booked random holiday dates on our behalf without our authorisation to attempt to nullify our Groupon "Right to Cancel" contract agreement once we requested a refund; has not given us any holiday details and refused to refund.

My husband & I booked a Groupon voucher today for flights + accommodation to Athens via travel company Clear Sky Holidays (CSH), valid for travel anytime between 1-24 March 2015. After purchasing the vouchers, we had to fill in an online form stating our travel availability, which we did and this was passed onto CSH.

Received a call within 30 minutes confirming receipt of our details but trying to charge us for "more convenient/better" flights that cost £160 more. I said I'd think about it, and asked them to call back within 15-20 minutes.

Long story short, it's a scam. We went back & forth on the phone all morning with them trying to haggle with us (the price for these "better" flights started at £160 then miraculously dropped to £40 - no haggling on our behalf, they just kept desperately dropping the price). Then finally when we'd had enough as we weren't getting anywhere with securing holiday dates, we requested a refund pointing out that as per the voucher agreement we had a "Right to Cancel" within 14 days as long as the booking had not been made, which it had not.

Big mistake telling them we knew about that detail - the advisor immediately changed tone and said a refund was impossible because the booking had been made. We were, needless to say, shocked and confused, as we'd received no booking confirmation nor had we, you know, agreed to any travel dates (!). When we informed him of this tiny detail, he typed out as hasty email to us (while still on the phone to us) that basically amounted to a personal, email from him "confirming" a booking:
Hi XXXXXX ,
Your Holiday is Confirm booking reference number is 917163
thanks

Poor spelling and grammar aside, this email included absolutely no pertinent information one would need, i.e. when we're flying out, where we're flying from, when we're returning, where we're staying, where the reference number can be checked... nothing. Again, we did not confirm any dates nor authorise him to go ahead and book anything. We're still not sure when we're allegedly going to Greece! We've just been told it's been "booked" and therefore non-refundable.

What we've done so far:
  • Opened a payment dispute with PayPal (paid with debit card via PP to Groupon LTD) to try & get our money back
  • Filed a complaint with ABTA (Association of British Travel Agents - CSH is a registered member)
  • Filed a complaint with Groupon

Obviously there's nothing more to be done at this very moment - I will be calling Groupon customer service first thing tomorrow morning.

But mainly I was wondering if any of you had any advice regarding receiving a refund from them? The travel company has seemingly broken two consumer laws: Package Travel Regulations (PTR) act of 1992 and The Supply of Goods and Services Act 1982. If Groupon gives me any hassle tomorrow or refuses a refund, what are my rights and next steps of action?

Btw, a quick Google (which I SHOULD have done before, kicking myself now...) for "Clear Sky Holidays review" yields a terrifying TripAdvisor forum fourteen pages full of former scorned customers, dating back to 2012 with all the same problems as we're having now. The scam is well documented.

If you've read to the end of this, thank you so much. I truly appreciate any help or light you can shed on this for us. Thank you.
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Comments

  • dawyldthing
    dawyldthing Posts: 3,438 Forumite
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    I've cancelled a few groupons for different reasons. Only problem is if you have given then the voucher code as then it could be 'cashed'. If you check on your groupon it will say if it has been cashed or not
    :T:T :beer: :beer::beer::beer: to the lil one :) :beer::beer::beer:
  • richardw
    richardw Posts: 19,458 Forumite
    First Anniversary First Post
    edited 26 January 2015 at 12:03AM
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    You seem to have enough details to get somewhere with your complaints so fingers crossed.

    Ryanair has some good fares to Athens in March, so something flight+hotel might suit.
    Posts are not advice and must not be relied upon.
  • @dawyldthing - thank you, that's the primary source of my concern. If the travel company redeemed the voucher on our behalf without our consent, will Groupon not take into consideration that it was done without an actual booking?

    @richardw - thanks, that's put a lot of confidence in me for tomorrow's phone calls! We actually did look at flights/hotels while on hold with CSH and found we could do it cheaper ourselves, which was another incentive for us to just cancel.

    I'll be sure to report back tomorrow, and also include details if I receive a refund at a later date, as there doesn't seem to be many topics online with people detailing the outcomes of these kinds of things. Hopefully this will be of help to someone else, even if just discouraging them from booking with CSH/Jetline Travel (their parent company).
  • littlereddevil
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    Others have had this problem and successfully claimed their money back from Groupon
    travelover
  • Rambosmum
    Rambosmum Posts: 2,445 Forumite
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    You've done all the right things. If you haven't already please make notes of the time you called, person you spoke with etc, just in case. Groupon should refund you your money with little hassle tbh.

    Let us know how it goes.
  • Thank you littlereddevil and Rambosmum. Yes, I made a full time line as soon as I got off the phone with those weasels! I made screenshots of absolutely everything too, including call logs and times. They will be sorry they ever met me!

    Couldn't find a Groupon customer service number that worked on my mobile, so I'm just leaving PayPal to investigate now (it's now been escalated to a 'claim').
    I spoke with a PP rep this morning who told me I must wait 10 days for the seller to respond to the dispute, and if they fail to respond PP will automatically issue me a full refund. She also said that by the sounds of it, with so many other people being scammed, it's highly likely PayPal will rule in my favour.

    Don't like that this company has our full details (address, phone numbers, etc). Thank god I didn't enter our passport numbers as prompted, who knows what they would've done with that.

    Will update you all on any changes! Thanks everyone.
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
    Name Dropper Photogenic First Post First Anniversary
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    Thank you littlereddevil and Rambosmum. Yes, I made a full time line as soon as I got off the phone with those weasels! I made screenshots of absolutely everything too, including call logs and times. They will be sorry they ever met me!

    Couldn't find a Groupon customer service number that worked on my mobile, so I'm just leaving PayPal to investigate now (it's now been escalated to a 'claim').
    I spoke with a PP rep this morning who told me I must wait 10 days for the seller to respond to the dispute, and if they fail to respond PP will automatically issue me a full refund. She also said that by the sounds of it, with so many other people being scammed, it's highly likely PayPal will rule in my favour.

    Don't like that this company has our full details (address, phone numbers, etc). Thank god I didn't enter our passport numbers as prompted, who knows what they would've done with that.

    Will update you all on any changes! Thanks everyone.

    Paypal buyer protection doesn't cover holidays. Your item needs to by physical and tangible.

    https://www.paypal.com/ua/webapps/mpp/ua/useragreement-full#7

    Have a read of section7.
    7.3 Ineligible Items. PayPal Buyer Protection only applies to PayPal payments for certain tangible, physical goods. Payments for the following are not eligible for reimbursement under PayPal Buyer Protection:

    Intangible items, including Digital Goods (subject to exceptions as listed in Section 7.6)
    Services
    Real estate
    Businesses (when you buy a business)
    Vehicles, including motorcycles, caravans, aircrafts and boats
    Custom made items with SNAD issues
    Travel tickets, including airline flight tickets
    Items that violate PayPal's Acceptable Use Policy
    Purchases made on eBay that violate eBay's Prohibited or Restricted Items Policy
    Items which you collect in person, or arrange to be collected on your behalf, including at a retail point of sale
    Industrial machinery used in manufacturing
    Items equivalent to cash, including prepaid or gift cards
    Personal Payments
    Even if your payment is not eligible for PayPal Buyer Protection, you can file a Dispute and resolve the issue directly with the Seller, however, PayPal will not find in your favor if you escalate a Dispute to a Claim when an item is not eligible for PayPal Buyer Protection.
  • Hmm, the PayPal lady didn't seem to think I'd have a problem and said that it fell under the "service" category (seeing as, technically, this company is not providing the flights or hotels, they are just the middleman).
  • littlereddevil
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    You really won't have a problem getting your money back from Groupon
    travelover
  • @littlereddevil Thank you, I really hope so. It's a lot of money for us.

    Small update: My husband and I both received numerous calls from CSH today. The first I missed, the second I stupidly answered. When I asked who was calling they simply said "Richard". I was like "Richard who?" (knowing full well who it was by this point by how evasive they were being and their accent) and he replied "from the... travel company...", really hesitantly. I was so flustered and annoyed I just blurted out, "Oh we're going through PayPal thanksbye!" and hung up. He tried calling again immediately after and then switched to calling my husband multiple times in a row (who thankfully didn't answer).

    We are so done dealing with CSH. We have no contractual agreement with them - our issue is with Groupon at this point.

    Speaking of, I received a confirmation of receipt of my complaint from Groupon (which I emailed yesterday):
    "Thanks for getting in touch. Sorry for the trouble.

    I will pass this matter on to the management team to look into. As soon as they have an update I will let you know.

    Thank you for your patience in this matter, we hope to have this resolved for you soon."
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