Help with XL Freedom holiday booked on credit card

GazzaT_3

Hi All,

My wife & I have been advesely affected by the XL collapse and would appreciate some advice as we were due to travel soon.

We booked our holiday through travelrepublic.co.uk and they booked flights with Freedom Flights and Accomodation through Youtravel.com.

Of course our flights are now invalid but our accomodation still exists.

Our questions are:

Will our credit card company have to refund the flights and accomodation costs, they were booked together but Travelrepublic say they are seperate bookings?

If we book new flights, now costing over £1000 (originally £320 total) is the credit card company liable for the extra money spent?

Is the travel agent Travelrepublic liable in any way as they say the bookings are seperate (in their email replies and their terms) but we booked the items together with them?

Any help would be greatly appreciated as we are tearing our hair out trying to save our holiday.

Kind regards,

Gary & Ann

Sagaris

We had the same situation with Letsgo2 - but they agreed that although both were 'seperate' items (XL flights and hotel booked through Letsgo2) it counted as a package - we have just been on to the phone to them (3rd time today!) and been told we will be refunded - it might take until Friday to appear on my statement though. They did offer us the alternate flights that had been put in place - with Easyjet, now a tad over £400 more than we paid!

I also booked using a Mastercard - so if you've paid on a credit card you should be covered in any case.

p1an0player

I don't think they'll pay for the extra cost of the flights.
To go there now would be throwing good money after bad. I hope you get back the cost of accommodation. Perhaps you have insurance which might cover it.

I suggest you start again and book a new package holiday with a more trustworthy firm like Thomas Cook or TUI.

simongregson

If travelrepublic.co.uk booked your flights and accomodation for you, they should hold an ATOL license as they are acting as a travel agent. They have sold you a package, therefore you should be protected, if you booked it under their 'tailor made holidays' section of their website rather than as two separate transactions.

In any case as you paid by credit card you should get your flight money back.
In theory, if you need to book flights now and they are more expensive you should get the cost of the more expensive flights back, because the credit card is company is jointly liable under section 75 of the consumer credit act for the merchant's breach of contract. You must attempt to minimise their costs, however, so no flying club class!! The credit card company will be very reluctant to refund more than the cost of the tickets, but if you are insistent then they should do.

janannbad

Hi,

We too have booked with Travelrepublic and were due to fly out today, our flight was with Freedom flights, our hotel with Med Hotel (different to Medlife we assume), I tried non stop all day yesterday to get alternative flights but could'nt unless we were willing to pay around £1,000 and with 1 or 2 stops.
Our accomodation also still exists, but they are according to Travelrepublic seperate bookings. But we cant take the holiday without the flight.
I explained to the operator I thought I had a package holiday as we booked both with them but he said no its a 'Tailor made' holiday and thats different!!!
So like Gazza does that mean we have no way of getting our accomodation money back? I paid on my visa credit card for it all.
Help please.
Thanks.

GazzaT_3

Hi all,

I have spoken to my CC company and they said they will get me all the money back for both flights and accomodation. I just need to fill in their claim form. They even told me to claim through them rather than the CAA because it would be a lot quicker.

Travel Republic have also said they will try and get my accomodation money back, but it may take 3 weeks. I let my card company know this and they said to claim for the flights first and the accomodation later if Travel Republic give me no joy.

So, to all in the same position there does seem to be some light at the end of the tunnel and I hope this helps someone else through it all. Have you spoken to your CC company yet janannbad?

Kind regards & thanks to everyone who's posted,

Gary & Ann

ICan'tStandIt

Speak to your credit card company and see what they say.

They have a right of "charge-back" against the merchant who debited your card, so it depends who that merchant is as to what you should do.

If the merchant is a travel agent, they should either offer you a refund or an alternative flight/hotel. Speak to them first of if you booked with XL direct, speak to your credit card company. They'll send you a form, ask you to complete it and return it with a copy of your booking and credit your account with the money. They'll halve it obviously if you were able to fly out but not back.

They then claim the money back via the merchant's bank through their internal Visa/Mastercard system.

A Visa bank card has the same cover as a Visa credit card.

exel1966

ICan'tStandIt wrote: »

Speak to your credit card company and see what they say.

They have a right of "charge-back" against the merchant who debited your card, so it depends who that merchant is as to what you should do.

If the merchant is a travel agent, they should either offer you a refund or an alternative flight/hotel. Speak to them first of if you booked with XL direct, speak to your credit card company. They'll send you a form, ask you to complete it and return it with a copy of your booking and credit your account with the money. They'll halve it obviously if you were able to fly out but not back.

They then claim the money back via the merchant's bank through their internal Visa/Mastercard system.

A Visa bank card has the same cover as a Visa credit card.

Just to clarify here, the card company has no right of chargeback against the merchant, but both of them are jointly liable to repay the costs. Even if the card company cannot recover anything from the merchant the card company is liable to refund the payment.

A VISA debit card does not have the same cover as the debit card as it is not covered under the CCA. VISA debit cards have a chargeback scheme which is completey different, but VISA are under no obligation to honour and refund, whereas the CCA is protected by the law of the land.

ICan'tStandIt

exel1966 wrote: »

Just to clarify here, the card company has no right of chargeback against the merchant, but both of them are jointly liable to repay the costs. Even if the card company cannot recover anything from the merchant the card company is liable to refund the payment.

A VISA debit card does not have the same cover as the debit card as it is not covered under the CCA. VISA debit cards have a chargeback scheme which is completey different, but VISA are under no obligation to honour and refund, whereas the CCA is protected by the law of the land.

Mmmmmmmm, well according to the official Visa website that is available to its members states that a Visa card has the same cover regardless of whether or not it is a credit or debit card.

A card issuer does have the right to chargeback if goods have not been received, which in this case is true as the travel company were unable to provide the paid for travel.

exel1966

ICan'tStandIt wrote: »

Mmmmmmmm, well according to the official Visa website that is available to its members states that a Visa card has the same cover regardless of whether or not it is a credit or debit card.

A card issuer does have the right to chargeback if goods have not been received, which in this case is true as the travel company were unable to provide the paid for travel.

I'm afraid you've misunderstood it.

VISA Credit cards are covered under the CCA 1974 (2006) where section 75 applies, VISA debit cards are not covered under this law.

Chargebacks can ONLY be done on a VISA debit card. This is not a statutory chargeback, but a refund system which VISA themselves have devised. It is not covered under the CCA.

Google 'CCA section 75' and all will be revealed.

ICan'tStandIt

exel1966 wrote: »

I'm afraid you've misunderstood it.

VISA Credit cards are covered under the CCA 1974 (2006) where section 75 applies, VISA debit cards are not covered under this law.

Chargebacks can ONLY be done on a VISA debit card. This is not a statutory chargeback, but a refund system which VISA themselves have devised. It is not covered under the CCA.

Google 'CCA section 75' and all will be revealed.

Then Visa are using some very confusing wording on their own website, but I only deal with credit card chargebacks and don't get involved with debit cards.