Holiday Curtailment Section 75 Refund?

Mr_Grumpy

We are due to go away on a family holiday in the UK on Saturday, something we feel quite uneasy about travelling in the current climate.  We are supposed to be going to a self catering holiday cottage on a complex of about 10, attached to a farm.  

• Despite the policy being taken out pre C-19, our insurer has declined to offer any cover for not travelling - there is no outright ban on domestic travel and their disruption clause specifically excludes UK travel.  
• Our holiday operator has stated they are still open however they have severely curtailed the activities and facilities on offer. These were all free of charge/included in the price 
• The last think I want to be taking cash out of the pockets of an independent business at a time like this.  

My question is, would I have grounds for a S75 claim on the CC provider (AMEX) that I paid with as the holiday no longer resembles the one I booked?  The sorts of restrictions we are talking about are no longer offering free childcare (to give Mum and Dad a few hours off), no longer offering daily animal feeding (kids love this!), limited access to onsite facilities e.g. Soft play, swimming pool etc.  I think we would all be happier to sit tight at home at the moment and re-book once a sense of normality has returned.  
Thanks.  

Tildaplum

The starting point is that the cottage is still available so no S75 claim. You then need to prove the holiday is 'substantially different' from what you booked, and agree what percentage reduction this could mean, and maybe claim for that. You will appreciate this is a very subjective thing. You COULD try in the first instance asking the owner for say 10% refund because of the reduced activities.

2e0arr

Tell the holiday center you think you may have conoa virus will you still be able to usae their facilities ? maybe they might cancel it for you .

seriously will they have the staff to be able to operate the facilities that you booked for ? then is that a breach of contract by them. If you have paid to access their full facilities then they must provide them other wise a section 75 claim ?

MallyGirl

I have moved this thread to the Coronavirus Travel section for more targeted help

Mr_Grumpy

Tildaplum said:

The starting point is that the cottage is still available so no S75 claim. You then need to prove the holiday is 'substantially different' from what you booked, and agree what percentage reduction this could mean, and maybe claim for that. You will appreciate this is a very subjective thing. You COULD try in the first instance asking the owner for say 10% refund because of the reduced activities.

Thanks, I could do this but I'd rather not lump more hardship onto a small business at this time.  2e0arr said:

Tell the holiday center you think you may have conoa virus will you still be able to usae their facilities ? maybe they might cancel it for you .

seriously will they have the staff to be able to operate the facilities that you booked for ? then is that a breach of contract by them. If you have paid to access their full facilities then they must provide them other wise a section 75 claim ?

That has cross my mind.   We'd just have to isolate and we would be insurance covered (although the insurer would want documentation from the treating doctor - an ridiculous request given the circumstances. )MallyGirl said:

I have moved this thread to the Coronavirus Travel section for more targeted help

Thanks, but this is really a question about S75.  The fact that is triggered by C-19 is coincidental.  

bradders1983

Mr_Grumpy said:

Tildaplum said:

The starting point is that the cottage is still available so no S75 claim. You then need to prove the holiday is 'substantially different' from what you booked, and agree what percentage reduction this could mean, and maybe claim for that. You will appreciate this is a very subjective thing. You COULD try in the first instance asking the owner for say 10% refund because of the reduced activities.

Thanks, I could do this but I'd rather not lump more hardship onto a small business at this time.

But yet you want to start a S75 claim against them?

Mr_Grumpy

bradders1983 said:

Mr_Grumpy said:

Tildaplum said:

The starting point is that the cottage is still available so no S75 claim. You then need to prove the holiday is 'substantially different' from what you booked, and agree what percentage reduction this could mean, and maybe claim for that. You will appreciate this is a very subjective thing. You COULD try in the first instance asking the owner for say 10% refund because of the reduced activities.

Thanks, I could do this but I'd rather not lump more hardship onto a small business at this time.

But yet you want to start a S75 claim against them?

A S75 claim goes to the the card provider, not the retailer. 

Alan_Bowen

Mr Grumpy if you make a claim under section 75 and the business is still trading, you might get your money back, but it is at the expense of the supplier whose bank account will be debited. When businesses fail, it does come from the card processor, when they are still trading as in this case, it is the business that loses out. The activities planned have been curtailed because of government advice.

Mr_Grumpy

Alan_Bowen said:

Mr Grumpy if you make a claim under section 75 and the business is still trading, you might get your money back, but it is at the expense of the supplier whose bank account will be debited. When businesses fail, it does come from the card processor, when they are still trading as in this case, it is the business that loses out. The activities planned have been curtailed because of government advice.

I did not know that and I'm somewhat surprised.  The Consumer Credit act 1974 makes the credit provider jointly and severally liable for any breach by the seller.  It seems strange that the lender can then go and charge back the retailer for a something the lender is liable for.  This doesn't really differ much then from the charge back scheme on debit cards.  

Fortunately the problem has now been resolved in as close as possible to a win-win scenario.  :-)   

Brackenfield

Mr_Grumpy said:

Alan_Bowen said:

Mr Grumpy if you make a claim under section 75 and the business is still trading, you might get your money back, but it is at the expense of the supplier whose bank account will be debited. When businesses fail, it does come from the card processor, when they are still trading as in this case, it is the business that loses out. The activities planned have been curtailed because of government advice.

I did not know that and I'm somewhat surprised.  The Consumer Credit act 1974 makes the credit provider jointly and severally liable for any breach by the seller.  It seems strange that the lender can then go and charge back the retailer for a something the lender is liable for.  This doesn't really differ much then from the charge back scheme on debit cards.  

Fortunately the problem has now been resolved in as close as possible to a win-win scenario.  :-)   

Mr Grumpy, are you able to say what your win win was? In the same situation and at the moment only offering an amendment of dates which doesn't suit.. . 

bradders1983

Mr_Grumpy said:

bradders1983 said:

Mr_Grumpy said:

Tildaplum said:

The starting point is that the cottage is still available so no S75 claim. You then need to prove the holiday is 'substantially different' from what you booked, and agree what percentage reduction this could mean, and maybe claim for that. You will appreciate this is a very subjective thing. You COULD try in the first instance asking the owner for say 10% refund because of the reduced activities.

Thanks, I could do this but I'd rather not lump more hardship onto a small business at this time.

But yet you want to start a S75 claim against them?

A S75 claim goes to the the card provider, not the retailer. 

Right well it looks like you have had this explained you since I expressed my surprise that you wanted to take the retailer for 100% rather than 10%