Travel Agent says I cannot make ATOL claim they have to do it

Helenf

One of thousands I know but can anyone advise? The holiday firm that I booked through for my son and his friend to fly out to Tenerife on 17th booked us with Monarch. I appreciate it's not their fault that Monarch went into liquidation but initially I was told that they were sourcing comparable/equivalent flights. Those flights came back at £530.00 increase on what we had already paid for in full in July. My son and friend chose not to take them offer as they are both only 18 at college and just don't have an extra £530.00 between them; so they chose the refund. As they are at college and as the payments were made for them by myself with my credit and debit card I contacted the travel company who told me I couldn't make a direct claim to ATOL it had to go through them. Ok I thought if that's how it has to be so be it. I was next contacted by the same agent who said that the refund would have £34.22 deducted as per email below

Please note that H G are unable to refund the following: (a) ATOL protection fees which are non-refundable - these are required by the CAA at the time you make your booking, and are not kept by H G; (b) Supplier Failure Insurance Premiums which is an insurance premium and (c) credit card fees -

Prior to receiving this email I had queried the ATOL fees posting from the CAA website the following-

ATOL is funded by travel companies which are required to pay £2.50 per traveller into a central ATOL fund. This money is used to allow holidaymakers to complete their holiday or issue refunds should a travel company collapse. This charge is not a tax on individuals or an insurance premium - the law requires travel companies to pay it not holidaymakers. Some travel companies choose to highlight the ATOL scheme costs by showing it separately on receipts and invoices.

This was ignored and just the brief message at paragraph A) given

I also queried the credit card fees which she said could not be refunded as mentioned at C) my payments were for instance £945 + 1% totalling £954.45 being taken from my bank...I only ever expected the £945 to be refunded not the 1% charge.

And as for (b) Supplier Failure Insurance Premiums which is an insurance premium - this has never been mentioned that I have to pay any supplier failure insurance premium. I am of course going to check the very teeny tiny small print as soon as I can but in the meantime I have asked for a breakdown of each individual cost as currently they have not actually told me it's £34.22 they are deducting just what they are paying me back!

Can they do this?? Have others had this experience?? I was under the assumption that ATOL would cover everything I had paid out?

Any advice would be truly welcome !

Thanks you

helen:o

leylandsunaddict

When a company fails and that booking is protected by the agent's Atol then the agent either has to replace the failed element at no extra cost to their customer, or refund in full all protected elements.

You are covered for the amount stated on the Atol certificate.

Claims procedure depends on whether it was a "Package Sale" or "Flight Plus Sale".

There is full information on the CAA website about who is responsible for protecting the booking, and who to claim from.

https://monarch.caa.co.uk/customers/monarch-refunds/

Helenf

Thank you that's what I thought. I have scrutinised the contract and nowhere does it state that there is any supplier failure insurance premiums to pay or that I should pay the ATOL Fee.

Thank you again

Helen