Travel Agent cancels my holiday. Offers credit voucher or 70% refund

steviewander2000

Hi. My travel agent has just cancelled our holiday and has cited the recent Covid-19 government advice against global travel as the reason why they cannot go ahead with our booking.

Consequently, they have changed their normal terms and conditions in light of these extraordinary circumstances. We are offered a credit voucher to be used at a later date or a refund minus 30% cancellation fee. Can anyone shed any light on where I stand legally?

My questions are:

(1) How can they impose a 30% cancellation fee  when it is they who have cancelled on us? 

(2) If they refuse to give us 100% refund, should I go to  Amex credit card and ask them for a 100% refund. 

(3) or should I go to my travel insurance for a refund but I will probably have to pay an excess amount.

 

Westin

Unusual I grant you.

What travel agent is this? UK based? Was this a package type holiday?

percentxxx

Mine is similar with Travel Republic who are now subject to the same rules as Package Companies, they have stated a full refund  will be issued in several weeks in the form of a credit note , I also paid in full with an amex credit card,
I replied saying I preferred cash, if they are not forth coming I will contact amex, last year I had the T Cook thing and I have a few more holidays booked over the next few months including my 70th in Ireland that may go the same way , I will not be in the mood to book again for a long time ,

steviewander2000

Westin said:

Unusual I grant you.

What travel agent is this? UK based? Was this a package type holiday?

Thanks for your reply. I booked with Inside Japan - a specialist and smaller company. I have tonight sent them an email to ask them to give me a full refund minus a small sum as a gesture of goodwill on my part for the work they have already carried out. I figured this sum is equivalent to the excess I would have to pay on claiming on my travel insurance anyway. If I do not get a favourable response from them, I will try Amex and hope they give me a full refund. If no joy then travel insurance claim. Or maybe the other way round?!

steviewander2000

percentxxx said:

Mine is similar with Travel Republic who are now subject to the same rules as Package Companies, they have stated a full refund  will be issued in several weeks in the form of a credit note , I also paid in full with an amex credit card,
I replied saying I preferred cash, if they are not forth coming I will contact amex, last year I had the T Cook thing and I have a few more holidays booked over the next few months including my 70th in Ireland that may go the same way , I will not be in the mood to book again for a long time ,

Good luck with your claim with Amex if you have to go that way. Have you decided claim from Amex before travel insurance then?

Westin

@steviewander2000:

They certainly can’t arbitrarily change booking terms and conditions after you book. 

They seem to be an ABTA member and so would have to follow that associations rules. You might wish to research the ABTA.com website for more information on membership rules.

Now, all that said, we are in difficult times.  I suspect all companies are looking at cash flow and ways to do what is right whilst protecting their business and their staff.  I would imagine this small tour operator may have this dilemma and more, especially as a specialist destination business with no new business.  They may have had to forward pay the suppliers for your trip and at this time not be able to reach those suppliers to see if refunds can be made and if so when.  Based on this I can understand why they might be offering a credit voucher.  It might not be right in yesterday’s world but it might be the new temporary norm.  

It is nice to read how you are taking a proactive ‘in it together’ type approach to make suggestions on a compromise position.  If you haven’t already, I would probably ask them if they are taking to suppliers about refunds and if so when they thought they might be able to process a full cash refund for you.  

A credit card claim is of course another option but ultimately only you can make that call.  I fear issues with credit and merchant facilities and general cash calls will push many businesses over the edge.

You may have seen this but Inside Japan does have quite a lot of good information on their website about the covid19 issue -
https://www.insidejapantours.com/coronavirus-2020/

Westin

@percentxxx:
It will depend what you have booked with Travel Republic.  If you booked just accommodation for example, selecting a non-refundable rate, the supplier/TR might be making a gesture of goodwill to allow the cancellation of an otherwise restrictive non-refundable item. As such they can offer a credit voucher as this would be classed as a goodwill gesture rather than any obligation.

percentxxx

steviewander2000  

percentxxx said:

Mine is similar with Travel Republic who are now subject to the same rules as Package Companies, they have stated a full refund  will be issued in several weeks in the form of a credit note , I also paid in full with an amex credit card,
I replied saying I preferred cash, if they are not forth coming I will contact amex, last year I had the T Cook thing and I have a few more holidays booked over the next few months including my 70th in Ireland that may go the same way , I will not be in the mood to book again for a long time ,

Good luck with your claim with Amex if you have to go that way. Have you decided claim from Amex before travel insurance then?

Yes ,I do have decent insurance but so should Travel Republic have , I feel the latest problem is theirs and not my insurance company , I booked a full package and I very much doubt Easy jet will be giving Travel Republic credit notes and think they may not even paid the hotel in full yet 

percentxxx

Westin said:

@percentxxx:
It will depend what you have booked with Travel Republic.  If you booked just accommodation for example, selecting a non-refundable rate, the supplier/TR might be making a gesture of goodwill to allow the cancellation of an otherwise restrictive non-refundable item. As such they can offer a credit voucher as this would be classed as a goodwill gesture rather than any obligation.

I booked the full holiday with them the email says we are cancelling your package holiday 

Westin

@percentxxx:  If a package, then you should be getting a full refund on all elements within the package (flight+hotel+transfer).  They are possibly trying to offer vouchers or credits but as it stands at the moment you should be given the option of a "cash" refund.  It might be a case of letting things settle and clarity being offered in a few days time or next week.

carminekitsune

Having also used Inside Japan, I think its actually a reasonable response.  They have a force majeure clause which actually states they don't have to give any money back in the case of pandemic. I think the fact they aren't hiding behind that actually reflects well on them. Assuming you got the same updated terms I did, you have up until 2022 to travel which is much longer than some of the bigger companies. 

Compared to the experience I've had with the agency we booked our flights through, their staff have been an absolute joy!