Cheated By scam travel agents & tsb wouldn't let me make a chargeback claim

pseudoanime

Hi,

I booked a holiday with clear sky holidays for a Portugal trip for my birthday (do not use these people, they are complete scammers) and the hotel that they booked me with was abominable, complete with mold and semen stains in the bedsheets (as I gathered from Tripadvisor reviews).

So I tried cancelling the trip with them, but they wouldn't let me cancel, even though it is clearly stated on their terms and conditions. I tried calling their customer service many times, but they wouldn't pick up and when I asked to speak to their manager, I was told that he would call me back, but that of course, never happened.

So I tried calling the TSB customer service to make a chargeback claim since I paid through my debit card. But I was refused to make a claim since I was told that since I never received the service, I cannot make a claim. Can they do that?

I am very disappointed that there is no protection for me, even though a breach of contract occurred.

Thanks,
Lakshmi

Grumpelstiltskin

Why didn't you check the Tripadvisor reviews before you booked?

Caz3121

pseudoanime wrote: »

So I tried cancelling the trip with them, but they wouldn't let me cancel, even though it is clearly stated on their terms and conditions. I tried calling their customer service many times, but they wouldn't pick up and when I asked to speak to their manager, I was told that he would call me back, but that of course, never happened.

Being able to cancel and being able to get anything back are different
What is more likely is that there is no point in cancelling as there would be no refund
It sounds like buyers remorse which your card or insurance will not cover you for. did you select the hotel? Were there no positive reviews?

DTDfanBoy

So you booked a hotel, but then decided you didn't want to go after reading reviews for the hotel ???

gingerdad

And off course trip advisor is always right. Surely you should check these things before you book. And why should TSB be responsible for customer stupidity

leylandsunaddict

TSB aren't going to help you because what you booked is still available. Clear Sky haven't reneged on the contract.

You can cancel, but how much that cancellation costs will depend on the terms you agreed to when you booked. The closer to travel date the more you lose. Have you asked about amending the booking to change the hotel?

Research before you book, not afterwards. It's too late then. Reviews are subjective, but it's usually possible to get the general drift by sifting through them.

I don't know why any of this makes Clear Sky Holidays scammers though. That word, along with rip off, must be one of the most overused words in forum land :rotfl: You've not been cheated, or scammed, you've just been stupid.

agrinnall

People seem to be being deliberately obtuse today (not just in this thread). My reading of the situation is that the Clear Sky T&Cs allowed you to cancel your booking, but they refused to allow that cancellation. TSB may be right not to allow a Chargeback in that situation (although I'd be pushing it a bit harder, with a complaint to make them think harder if necessary), but if that fails then you need to send Clear Sky a Letter Before Action for a refund of the amount due after any cancellation charges, and if that doesn't work, make a Small Claim.

Grumpelstiltskin

2 Quotes from Clear Sky website.


About Us

Clearsky Holidays is a large, independent travel agent with a huge range of flights, accommodation and ancillary services on offer, and is one of the UK's leading independent travel agents, carrying thousands of passengers annually. We pride ourselves in offering an efficient, courteous and helpful service to all our customers, at all times, and are committed to achieving and maintaining the highest level of quality at affordable prices.
One of the reasons that we are able to maintain such great prices over such a wide-selection of holidays is because of our well-established relationships with the top, well-known tour operators and suppliers. We only work with AAA-rated suppliers and, together with our extensive experience in this area, you are guaranteed to have the best range of products and deals to choose from. Our extensive database allows us to access the very latest deals and early booking bargains, all available at low, low prices.
We do not sell package holidays, but afford you the flexibility of selecting your own travel options and combinations, and offer a wide range of products acting as your travel agent; the choice is yours. Each product you book is a separate transaction, so you do not have to purchase more than one element if you do not wish to. For example, you may wish to book your own low-cost flight from one of the direct operators, and purchase only your accommodation with us. The price of each product does not change if you select more than one.
FOR YOUR PROTECTION: Clearsky Holidays is ABTA (Association of British Travel Agents) bonded so you are protected in the unlikely event of our insolvency. If your flight is with an ATOL (Air Travel Operator Licence) protected tour operator which becomes insolvent, you will be refunded in full by the CAA. Should one of your accommodation or transfer suppliers become insolvent, you will receive a full refund for that booking, whilst any other product you have booked will not be affected. You can then make a new booking with your refund so that your travel plans can go ahead.
Clearsky Holidays is a trading name of Jetline Travel Ltd. - registered in England with registered number 4294278 and VAT no. 766 8398 62. Registered head office: 5-7 John Princes Street, London, W1G 0JN.


From FAQs

If you wish to cancel or change a booking, whether it is to change the name of a member of your party, add another member, change the date you wish to travel, or cancel the booking altogether, we can do this. Please call the Administration Department: 0844 934 4619 (M-F, 8 a.m.- 4 p.m.), they will be happy to handle this for you. It is important to note however, that you will be subject to the terms & conditions of the Tour Operator that you have booked with and that administration fees will most likely be applicable.






So you have not booked a package although the quotes do appear to say you can cancel I think it is a clever use of words.

Westin

People seem to be being deliberately obtuse today (not just in this thread). My reading of the situation is that the Clear Sky T&Cs allowed you to cancel your booking, but they refused to allow that cancellation. TSB may be right not to allow a Chargeback in that situation (although I'd be pushing it a bit harder, with a complaint to make them think harder if necessary), but if that fails then you need to send Clear Sky a Letter Before Action for a refund of the amount due after any cancellation charges, and if that doesn't work, make a Small Claim.

I suspect that there is a difference in the interpretation of the OP's comment "they wouldn't let me cancel" and the T&C's of the booking.

I suspect they told the OP that he couldn't cancel and get all his money back.

To cancel because of a disinclination to travel would not allow for a FULL refund.

Archergirl

Research first, book second......................

Pollycat

leylandsunaddict wrote: »

TSB aren't going to help you because what you booked is still available. Clear Sky haven't reneged on the contract.

You can cancel, but how much that cancellation costs will depend on the terms you agreed to when you booked. The closer to travel date the more you lose. Have you asked about amending the booking to change the hotel?

Research before you book, not afterwards. It's too late then. Reviews are subjective, but it's usually possible to get the general drift by sifting through them.

I don't know why any of this makes Clear Sky Holidays scammers though. That word, along with rip off, must be one of the most overused words in forum land :rotfl: You've not been cheated, or scammed, you've just been stupid.

You've missed one, leylandsunaddict:
"I've been conned...."

I think when you see a thread with 'scam', 'rip-off' or 'con' in the title, it's a pretty safe bet that it's nothing of the sort.