SunWeb offering vouchers instead of refund

gegenmike

Sunweb ski holiday to France 28th March, cancelled due to resort closure (Coronavirus)

• Paid by credit card.
• Subweb only offering voucher to the full value £1,800. 
• Insurance only covers cancellation up to £1,000.  

I want a cash refund though as not sure if SubWeb will be around in the future!  Have requested this but no reply.
Options?

1. Are they obliged to refund?
2. Can I do a section 75 claim on the credit card?
3. Should I try a credit card chargeback?

If none of the above apply,
Should I take the voucher and rebook asap so I'm covered by ABTA?
If they go bust does ABTA cover unused vouchers?
Thanks!

desklamp

Hi,

In the same boat!

Answers:

1) Yes, they are obliged to give you a cash refund under their own terms and conditions and under the Package Travel Regulations and under the ABTA code of conduct of which Sunweb is a member.

2) This should be possible as you have not been provided with the services that you have contracted. I wonder whether under the current climate credit card companies may start to  “play up”.

3) Not sure, unlike section 75  chargeback is not enshrined in law. In the present climate I feel wary of things which are not enshrined in law!

I am not sure ABTA has the interests of the consumer at heart; as it has been making noises that customers should take vouchers, and that the Package Travel Regulation, (the very regulations that are there to protect consumers), should be retrospectively suspended.
Sunweb mentions that the voucher is covered by the Dutch SGR for one year. I suppose it is a matter of trust. Do you trust a firm that has breached its terms and conditions, and travel regulations; by not immediately offering a cash refund as one of the options, and that you are happy with tackling the SGR if Sunweb go bust?

Good luck!

desklamp

I am always keen to take the easiest route. An insurance claim may be straightforward, however you will lose 800 quid and any excess. Also carefully look at the policy. I have seen a policy which has a pandemic exclusion!

gegenmike

ABTA latest yesterday 

We are asking for support from the travelling public in the following ways:

1. If your trip has been cancelled because of the change in FCO advice, talk in the first instance to your travel provider to discuss options.  
2. If possible, postpone your holiday or travel arrangements, don’t cancel – this will mean you have a holiday to look forward to in the future, and it will help your travel provider maintain its cash flow through the short-term challenges.  

3. If you are not able to postpone, they may offer you a Refund Credit Note instead of an immediate cash refund. This Refund Credit Note can be used to book another holiday at a later date and, in the meantime, it is protected by ABTA/ ATOL if your original booking had that protection, so you would be reimbursed if the travel company failed financially.

   Further details on this option are below:
   • This protection will last until 31 July 2020 at the latest at which point, if you have not used the Refund Credit Note to book another holiday, you will be entitled to a cash refund. 
   • The value of the Refund Credit Note must be equal in value to the monies you have actually paid for the protected travel arrangements. 
   • The Refund Credit Note must not include any other amount offered as a rebooking incentive or other offer. 
   • Any such offers must be documented separately and are not covered by any scheme of financial protection. 
   • The Refund Credit Note must expressly identify the original booking reference and attach a copy of the cancelled Booking Confirmation / Cancellation Invoice and, where appropriate, ATOL Certificate. 
   

4. If your travel provider has said they will offer a cash refund, please be patient with them as they process this: they are likely to be dealing with an exceptionally high volume of enquiries.
   
5. If you have a travel booking for later in the year, please be patient. The situation is changing rapidly, and travel restrictions are currently only in place until mid-April.  You may incur cancellation charges or lose your deposit if you make a hasty decision.

Nobody knows for sure how long the current coronavirus pandemic will last, but we know that we will come out of the other side and we need to ensure that when we do, holidaymakers are still able to book and take their holidays and that there is healthy and competitive travel industry to support them.  

westv

Reading the ABTA advice above would suggest that refund vouchers are protected in case of insolvency. Not quite as good as a cash refund though.

desklamp

A couple of points to consider; it states that the protection will last to July 2020, probably not much use for Sunweb UK which is solely a ski operator. Sunweb do not appear to be in ATOL, they keep referencing the Dutch SGR. Finally ABTA’s established code of conduct states that without exception when the operator cancels at short notice the customer may choose a full cash refund. They are not enforcing their own code of conduct, so it is up to you if you trust ABTA to enforce the terms of the voucher. The way things are going there may be further unforeseen circumstances in the future.

mattg4321

Also in exactly the same position. I'll stay in touch with this thread.

I even had a refund invoice sent to me, however they have not refunded me after saying they would in full only 10 days ago.
Now being offered (forced?) into accepting a 'corona voucher'. It seems that ABTA can't really be trusted and I have no idea what legal protection this voucher would have. I have no experience of SGR.

I know that a lot of people had Thomas Cook vouchers when they went bust and lost the complete value of them. 

This situation doesn't seem right, unless the vouchers can be guaranteed for a period of say 2 years and are government backed. Even then I'd really rather a refund, as per their terms and conditions, and as they promised me when they cancelled my holiday only 10 days ago.

bennwood85

I too am in the same position with Sunweb. Notified of cancellation, acknowledged and replied agreeing to cancel, advised a full refund would be issued (a "refund" in my opinion is returning the monies paid), I was told by a friend that their website was indicating a voucher replacement, contacted them with regards how this was not suitable and they have essentially replied with a "no".

I've little confidence in a company which has already broken their own code of conduct. It certainly wouldn't work this way if we were cancel the holiday ourselves. The voucher as far as I can tell is also only one year.

I would be interested to hear of anyone else in this situation and how you have been dealt with.

Sunweb email:

Dear Benn, 

Thank you for your email and we hope you and your loved ones are in good health!

First of all, we apologise for the delay in responding to you.

We are sorry to read that you do not agree with the voucher scheme. The exceptional circumstances at the moment have made us choose an exceptional solution. A solution that is supported by many organisations and where SGR guarantees the total amount of the voucher and the full validity period of the voucher.

Although we can understand you may prefer a refund, unfortunately, due to these exceptional circumstances we are unable to refund you. To find out more about the voucher please check our website.

We hope you can understand our decision and use the voucher to rebook your ski holiday with Sunweb.

My reply:

Thank you for your email.

I’m afraid that under UK law I am entitled to a refund.

I appreciate that the Package Travel Regulations 2018 were probably not designed for a total shut down of tourism. However, there has been no rule or law changes which insist that holiday companies can enforce a voucher option upon a customer. The European Commission has updated it’s guidelines to encourage customers to accept vouchers or credit notes, providing the customer is allowed to ask for their money back.

I am not prepared to be an unwilling creditor to your company when a “refund” was detailed in your initial cancellation email. A subsequent email with invoice detailing the sum of £1,163.90 stated “to receive back” also.

Until the rules change a strict entitlement to a cash refund remains, and you should therefore be willing to provide this.

desklamp

The line that scared me is "we are unable to refund you", is that an admission that they are in financial difficulty and a voucher will be worthless anyway whem they go under?
At present I am giving them the 14 days to refund me in cash, as per the regulations. I am sure the refund will not be forthcoming, so I will have to weigh up my options then. At the moment we have both the Package Travel Regulations and the Sunweb's own terms and conditions on our side.
Good luck in these truely difficult times. I sympathise with Sunweb's customers who are desperate to get their money back, which many will really need right now to get them through. I being one of them! 

desklamp

Interesting reading the numerous angry posts on Sunweb UK’s Facebook page.

Someone has suggested leaving honest reviews of Sunweb’s “service” on Trustpilot,

https//:
uk.trustpilot.com/review/sunweb.

co.uk

mattg4321

I've just fired off an email to Sunweb, which I have attached to this point. I'll update this post if/when I receive a reply. You can all feel free to use some/all of my email to Sunweb in your own correspondence with them.

My email:

Dear Sunweb

I reject your offer of a 'corona voucher', and request that you refund me in full as promised to me in your email on 13th March 2020. You then on 14th March 2020 at 15.57 sent me an invoice - ref xxxxxx, showing my holiday has been cancelled and a full cash refund issued. I have not received the funds from you.

I am now informed by your (very poorly written) generic email below, that states that you have provided previous indication a 'corona voucher' would be issued. This is untrue. The only correspondence I have with you states you will give me a full cash refund. Your own terms and conditions also state a full cash refund will be given if Sunweb cancels the holiday. You are in breach of contract if you don't do this.

I am not willing to be a creditor to Subweb at a time when I, and many others need our money that you are unlawfully withholding. You cannot simply 'choose' to provide a voucher rather than a refund. This is against UK law. It is against ABTA guidelines and furthermore it is against your own terms and conditions. I have paid in advance for my flights, accommodation, transfers and lift pass. Am I to believe you cannot recoup this money from your suppliers? I don't believe this to be the case, but even if it was, then you are still lawfully and contractually obliged to refund my money in cash, in full, as you have already promised to do on 14th March 2020.

You should explain to us all why 'it isn't possible to transfer money'. Are we to believe this is because Sunweb is close to collapse? In which case our 'corona voucher' is of zero value - a very good reason to reject your offer. Many of us also do not know if we will be able to/want to ski next season in which case the 'corona voucher' is of zero value.

I have no idea who SGR are and do not wish to rely on them reimbursing me if Sunweb were to go into liquidation for any reason. They don't appear to be UK based so it's anyones guess how Brexit will affect the situation moving forward. This is not an acceptable solution for UK consumers. At present I have recourse through ABTA, SGR (until Brexit happens?), Section 75 of the Consumer Credit Act and also the courts as you are in breach of contract. If I accept a voucher this has no protection in UK law. I'm sure you can appreciate my position, especially seeing first hand how people with Thomas Cook vouchers were left out of pocket only a few months ago.

I strongly suggest you provide me with the refund you promised me less than 2 weeks ago. The damage you are doing to the previously good reputation is nearing on catastrophic judging by your latest Facebook and Trust Pilot reviews, however it is not too late to do the right thing and refund your customers. 

I look forward to your reply very soon, and with it further confirmation of the full cash refund you have already promised, including a timescale in which to expect it to be paid.