My package holiday was cancelled but they won't refund the full amount

JoshB92

I have had my package holiday cancelled due to coronavirus however me and my partner are only being offered a partial refund with not breakdown of where the shortfall is and why I'm not being fully refunded. Shouldn't I be fully refunded under package travel regulations? Where do I stand with this and how should I proceed

Westin

Is it a true package holiday or some travel elements sold by an online travel company?
Can you tell us the travel firm and what has been deducted?

JoshB92

It is a true package holiday with travelcenter uk (London based part of Moresand group) they have offered us a refund £500 short of the full amount and provided no costs for why and no cost breakdown despite being asked. They cannot explain why it is that amount but have said it's the refund they are offering as they had to cancel things so full amounts won't come back. 

It is my understanding that the package travel regulation July 2018 covers you in this instance for a full refund? 

savermseman

If you have atol certificate, you are entitled to a full refund

Westin

@JoshB92:
This seems very strange. I cannot fathom why they would deduct such a high amount from your due refund of your cancelled holiday. It seems to completely be against what is in their own terms and conditions of bookings.  It was the travel firm that cancelled this and not at your request?

Have a read through -
https://www.travelcenter.uk/terms-and-conditions

Even their administration fees in Section A.21 are no way near that £500 amount.  Section B.02 seems to support your position.

I know you have tried to have them explain the deduction without success but I wonder if it might be worth calling again to see if you can reach another person their end who can properly explain.

JoshB92

@westin yes the firm cancelled it not us. It was due to the holiday being unviable due to the lockdown as we held in until there was concrete instruction from the government preventing us from going. 

It's like a brick wall dealing with them ATM it's all a customer service office based in India not London as their main offices are and throughout the process have had little understanding or awareness of the escalating situation. I have contacted ABTA who have stated we should get a full refund but they still refuse to offer us one. I'm at my wit's end with the company and don't know how to proceed. 

Westin

From the information provided my view would be that you should receive a full refund for the cost of the package holiday trip.  

As you mention, if their contact centre is in India I can imagine most activity has ground to a stop. I believe the Indian authorities gave four hours notice of a country wide lock down for 21 days.  

This unfortunately might be an issue that remains “pending” for sometime until some normality returns to their operations.  I’m not sure you will get anywhere any quicker if you contact ABTA (if indeed a member) as they will also I expect be operating on less staffing. Long term I cannot see how they could argue against anything other than a full refund but it just might be a while coming to you.

JoshB92

Thank you @westin for your help with this and digging into the terms and conditions of travelcenter UK for me. 
I shall persevere with contacting them and trying to get blood from this particular stone. 

JoshB92

I have just received this from ABTA regarding this case is this legal? Surely it is not my responsibility to vet the travel agent and all its suppliers prior to booking? What's the point of a travel agent? Any advice? 
  

"When you book your arrangements through a travel agent, their job is to place you in contract with a supplier of services. Suppliers can be accommodation only (e.g. hotel, apartment, villa, cottages, lodges etc.), a flight provider, transfer company or a tour operator, depending on what sort of booking you have arranged with your agent. We are aware that some ABTA members that offer holidays in the UK to parks, lodges etc are not offering refunds as the contract (as previously stated) is with the supplier. For this type of booking you will need to check the Terms and Conditions to which you implied your agreement to at the time of booking.

Whilst you booked your travel arrangements through the above company, as your agent, they have placed your booking with a supplier, whose name is shown on your invoice. Unfortunately the supplier is not a member of ABTA, and we’re unable to help you with your complaint.

Even though you paid your travel agent, it doesn’t mean that you entered into a contract with them. The responsibility of the agent is to collect payment on behalf of the supplier of your holiday services. As your complaint is with a non-ABTA company we would advise you to write to the supplier, in the hope that the matter can be resolved or explained to your satisfaction and review their terms and conditions to establish your rights.

You may find it helpful to contact Citizens Advice consumer helpline on 0345 404 0506, or to seek independent legal advice on how best to pursue the complaint under your contract with them.

We’re sorry we can’t offer any further assistance, but hope that the above information is useful.

Regards
ABTA Customer Support Team"

elsien

Should you be going through ATOL rather than ABTA? 

JoshB92

Isn't ATOL only for companies that have gone into bankruptcy or otherwise due to financial instability failed to carry out the holiday?