should credit card pick up the tab

stephenjane

Goldtrail Travel goes bust ....credit card company says claim ATOL ....ATOL pay £327 but total bill for flights was £389 difference being £62 ....who picks up this tab ? I think this is due to total cost of flights and the difference is seller -Travel Republics proffit ..... Should the credit card company cover the difference ?

meer53

Atol will only pay you back for the cost of the flights, Travel Republic provided you with a service (booking your holiday) it wasn't their fault that Goldtrail went bust so they will expect to be paid by you. You could try to claim it back through you cc issuer as long as you're still within timescales but i think if Travel Republic debited your account then any chargeback will reject as they haven't done anything wrong.

jonesMUFCforever

Of course Travel republic have done wrong they have charged a fee for something they did not provide.
I would first ask them to refund the difference - then if they refuse complain - then go for the chargeback and if needs be a s75 claim.

YorkshireBoy

jonesMUFCforever wrote: »

...then go for the chargeback and if needs be a s75 claim.

Chargeback has a 120 day limit.

According to this article on the FOS website (and the advice on this very website) section 75 protection is not an option for the OP...the key word being 'agent', as in travel agent.

jonesMUFCforever

OP indicated that he has already spoken to credit card who referred him on to ATOL - now is the time to remind them - I think OP has a case that he is within time because of this.

opinions4u

If it's all for flights, why have ATOL failed to refund the full cost?

As it involves a third party, I don't think the S75 protection applies.

YorkshireBoy

opinions4u wrote: »

If it's all for flights, why have ATOL failed to refund the full cost?

The key issue is the value of goods as sold by the ATOL holder. Travelrepublic are not an ATOL holder, but Goldtrail were.

The OP is (sort of...they said "profit") correct in his assumption that the difference is the Travelrepublic service charge.

See the CAA website...specifically http://www.caa.co.uk/default.aspx?catid=1052&pagetype=70&gid=1053&faqid=684 (relates to CC charges but the principle is the same)

and, of course, Travelrepublic's T&Cs/conditions of booking.

gnaril

Travel agent are a "booking agent" all you are paying them to do is pass the funds onto the supplier of the goods or services.

They should not have any liability to you at all as they have done what you are contract with them to do. It is not their responsability that the provider or said services has failed. Luckily you at least had some cover via claiming via the CAA.

Section 75 wont cover you and your bank would be wasting their time trying to chargeback the transaction.

FOS backs up this stance aswell. Sorry OP

meer53

Travel Republic have done exactly what the OP paid them for, booked their holiday. As i said previously, they can't be blamed for Goldtrails failure so they are entitled to be paid for the service they provided. A chargeback will reject for this reason.

stephenjane

:j they want me to send then letter from ATOL showing price that they have refunded.....

guy on the phone from card services says once they have this they will pay the difference !!!:rotfl:

Thanks for replying , looks like i've finnaly got all of my cash back !!!!

YorkshireBoy

stephenjane wrote: »

...looks like i've finnaly got all of my cash back !!!!

You're happy, but we're still none the wiser!

Are they dealing with it as section 75, chargeback, or simply 'goodwill'?