Problems with a Wowcher deal gone bad...

huskie69

I recently saw a deal on Wowcher for a 4 nights 4* all inclusive spa break in Marrakech for £229. I purchased x2 "wowchers" for this deal.

I was then contacted by the merchant directly who took my wowcher codes and told me there were evening flights available on the day I wished to fly out. I verbally agreed the booking.

I was then contacted about 20 minutes later with booking confirmation, and advised that there were alternative flights available, leaving ealrier in the day. An upgrade to the accomodation was also mentioned. I was told that these alternative flights were available for an additional £85 per head.

I declined this offer and opted for the original agreed flights. The merchant tried to pressure me into accepting these alternative flights, finally reducing the price first to £50 per person, and then dropping it to £25 per peson. I still declined and stated that I wished to go travel on the originally agreed flights. Conveniently, I was then told the supplier of the original flights had just cancelled them and they were therefore no longer avaiable (I've since checked the stated flight times and these flights did in fact not even exist, they were fictional).

As I would not be able travel to Marrakech on the advertised date without paying additional costs, I told the merchant that I'd like to cancel the offer and I'd be requesting a refund from Wowcher. The merchant argued and argued before suggesting alternative destinations. He said "where would you like to go instead"....

I suggested a few places only to be told that they would either not be all inclusive and/or they weren't 4* accomodation.

The agent then suggested "How about Benidorm". I laughed and suggested we end the call and I'd get the cancellation sorted out. Then he said "How about Barcelona". We've always wanted to visit Barcelona so I agreed. The merchant gave me a list of hotels although he had a strong accent I couldn't immediately identify what he was saying, I jotted down their names as I'd heard them. Before agreeing to the booking, I again confirmed that this was 4* all inclusive accomodation in Barcelona, the agent confirmed that it was and I was then told to wait about 20 minutes for confirmation of booking.

While I was waiting, I tried to search for the hotels he gave me - only to disocver they were in the Lloret de Mar region - an 80 mile round trip from Barcelona. This was not the Barcelona I had in mind, and it was obvious at this point that I was being had.

I attempted to immediately call the merchant back, only to be put on hold for 10 minutes before my call was disconnected. I also emails the merchant directly to get his attention.

Finally, I was called back to be given confirmation that my booking to Barceloa was complete. I was furious at this point and told the merchant I'd never agreed to a beach holiday on the Costa Brava in March - A trip to Barcelona is a city-break.

After about half an hour of arguments, the merchant finally g that as he'd already booked the "Barcelona" package, he couldn't cancel but he could offer an alternative destination. he'd "make an exception" and offer me an alternative destination. Again, we went through a repeat of the process and the agent kept on trying to push a beach holiday on us. We eventually decided enough was enough and requested to speak with the supervisor. By this time it was 10pm (the whole thing had spanned about 4 hours in total) A repeat of the conversation took place, the supervisor ended up being just another sales guy who basically foreced us into accepting a 4 night stay in a 3* hotel Lanzarote (the reviews of the accomodation are very poor).

The merchant in question is a company called "Clear Sky" (also known as JT Holiday Group) - there are litereally hundreds of reviews about them online basically echoing what I've just said.

In the morning, I immediately contacted Wowcher telling them what had happened. I didn't recevied a response after 4 days and I got in tpouch with them via a live chat session. The customer service rep was very unhelpful and basically said that I had to work it out with the merchant, and Wowcher would only issue a refund if the merchant was in agreement.

I paid via PayPal so I've also issued a dispute. Again, wowcher are trying to wash their hands of the whole affair saying they only "sell the voucher codes", they have no legal obligation in the matter.

I've had booking confirmation from the merchant - the holiday I don't want to go on (the one I was forced into accepting as I was told I had no choice) is booked for the 13th March, so obviosuly this is a time sensetive matter.

Again, I paid by paypal thinking that if anything goes wrong, I'd be protected by their Buyer Protection scheme. In hindsight, I should have used my credit card but I didn't think to.

Paypal's policy states the following:

13.8 What is Significantly Not as Described (SNAD)?
Your purchase is Significantly Not as Described if it is materially different from the last description of it that you received from the Payment Recipient before you paid for it (which, for exclusively online purchases, shall be taken to be the Payment Recipient’s description of the purchase in the relevant online listing) (“Purchase Description”). Here are some non-exhaustive examples:

1. You received a completely different item. For instance, you purchased a book and received a DVD or an empty box or the software that you received was not the software that was sold to you.
2. The condition of your purchase was misrepresented. For instance, the listing for an item said “new” and the item was used.

I think it's fair to say that the holiday that was eventually given to me was vastly different from the one advertsied. I also believe the purchase was misrepresnted, and I was given false information about (fictional flights etc)

Should Wowcher be invlolved in all of this? They took the money, but don't seem to be taking any responsibility despite them advertising and promoting the holiday.

Is there anything I can do to reclaim my money?

richardw

Call Wowcher customer services and discuss with them the problem.

Pollycat

Another thread here:
https://forums.moneysavingexpert.com/discussion/comment/72014073#Comment_72014073

It's closed, not sure why.

A reporter did post after my post #11 asking for case studies but didn't have MSE approval so that was deleted.

Maybe we're not supposed to discuss this 'travel company' or either of the voucher companies.....

Gleeful

Paypal won't be able to help you as it isn't SNAD, as you've agreed to everything so it is as described.

huskie69

It's worrying that there are so many complaints about this company but they still have an active relationship with both Wowcher and Groupon - they must make such a vast amount of money for these companies that they don't want to break ties.

With regards to my position with Wowcher, should I be persuing my issue with them and should I be requesting my refund from Wowcher directly? Again, they're of the opinion that they should only be refunding me if the merchant agrees (which is highly unlikely in this instance!).

huskie69

Gleeful wrote: »

Paypal won't be able to help you as it isn't SNAD, as you've agreed to everything so it is as described.

I didn't agree to anything - that's my point, I was told a holiday had already been booked for me and I'd therefore have to accept it, or chose an alternative - I was forced/pressured into it under protest.

jpsartre

Gleeful wrote: »

it isn't SNAD, as you've agreed to everything so it is as described.

That doesn't even make any sense. The whole point of SNAD is that what you agreed to differs significantly from you receive. The OP agreed to a holiday in Barcelona and didn't receive it.

Gleeful

jpsartre wrote: »

That doesn't even make any sense. The whole point of SNAD is that what you agreed to differs significantly from you receive. The OP agreed to a holiday in Barcelona and didn't receive it.

She then later accepted a holiday somewhere else. I can't see her winning with PayPal

Alan_Bowen

Jetline Holidays are ABTA members, contact their pre departure department and tell them exactly what happened, this is gross mis selling and 'bait and switch' Right now the CAA who run the ATOL scheme of financial protection are running a live investigation into the whole problem, no idea which companies are involved but this looks exactly what they are looking for. Jetline have an ATOL and you can make a complaint by email to enforcement@caa.co.uk

jpsartre

Gleeful wrote: »

She then later accepted a holiday somewhere else.

And that's the holiday that is SNAD. I have no idea whether there is a valid claim against Paypal, I'm just saying that the what the OP received was not what was agreed on. I guess an analogy would be paying through Paypal for a Mercedes, agreeing with the seller after payment to receive a BMW instead and then in the end receiving a Ford Fiesta.

Tndg88

I am in a similar situation .. What was the outcome of your case?
Did you get your money back?