Holiday company offering 20% refund on awful holiday, should we accept?

bagand96

Just to say I'm aware I can't claim via two channels - that was never my intention. I read a thread on here somewhere saying that you should put in a chargeback claim in addition to trying to deal with the holiday company and see which comes in, although it did say to be aware that the holiday company have 30 days to reverse the chargeback, so even if that comes through, there is no guarantee they won't try to claw it back that way?

What exactly have you done with the credit card company? A chargeback is different to a Section 75 claim. They are similar but the difference is important.

A chargeback is just a reversal of the transaction or portion of it. As you say the retailer can try and stop the chargeback. I've never heard of a chargeback from a complaint situation that you are in. It's usually used when there is a non delivery of goods/services (i.e. a parcel doesn't arrive)

Section 75 is law, and makes the credit card provider jointly responsible for the transaction with the supplier. This is the claim you need. If the holiday company do reverse the chargeback, then that is not your problem. Tell the credit card that under Section 75, they are jointly liable for the transaction therefore you want your refund. It's upto the credit card and holiday company to argue out the detail.

CherryBurton

That's all really helpful bagand96. Sorry, to be clear, it's a Section 75 claim. So they can't dispute that then?

I've just claimed for 90% of the cost of the accommodation, rather than the full price of the holiday, as that seemed reasonable. Although I'm wary as a quick google suggests that this doesn't necessarily end with people getting a full refund, and I'm unsure as to whether their current offer (£300 cash and 130 credit) might be as good as it gets?

The credit card company want documentation as to what I was told about the building work before I went, but I can only reiterate what I was told, so I don't know if that will affect the outcome? It's obviously my word against theirs unless they've made a recording of the call and actually share it...

I'm really unsure what to do, whether to hold my nerve or take the current offer, it all feels like a bit of a gamble...

CherryBurton

I don't think there's any doubt that they underplayed the significance of the work - they're still doing it now on their website where they are selling the holiday with a small caveat that the construction "might cause some noise disruption", which you actually have to scroll down to see.

bagand96

CherryBurton wrote: »

That's all really helpful bagand96. Sorry, to be clear, it's a Section 75 claim. So they can't dispute that then?

I've just claimed for 90% of the cost of the accommodation, rather than the full price of the holiday, as that seemed reasonable. Although I'm wary as a quick google suggests that this doesn't necessarily end with people getting a full refund, and I'm unsure as to whether their current offer (£300 cash and 130 credit) might be as good as it gets?

The credit card company want documentation as to what I was told about the building work before I went, but I can only reiterate what I was told, so I don't know if that will affect the outcome? It's obviously my word against theirs unless they've made a recording of the call and actually share it...

I'm really unsure what to do, whether to hold my nerve or take the current offer, it all feels like a bit of a gamble...

That's good that you're in the Section 75 process rather than chargeback. I can't advise on what happens next in terms of the holiday company disputing. I'm no expert on S75 and what happens with partial claims like yours. But don't be fobbed off if they try and tell you the holiday company have refused! Although if they are asking for evidence and documentation that it seems at least for now they are taking it seriously and processing properly.