Bravofly

redmommysmurf

Hi, I have been emailing Bravofly since the start of this crisis, as have flights booked to USA departing 21/4/20. I have now received an email advising that I CAN get a refund, however, if I take travel credit I receive £ 613.77, which is what I paid,   if I take vouchers I get a full refund of £557.81, but if I opt for a cash refund I only get £531.73. 

Is this legal? I know that if I had booked direct with the airline, I would have received a full refund. And that the airline has provided Bravofly a full refund. But, where do I stand legally? 

Caz3121

perfectly normal for third parties to have service fees
you will need to refer to the terms and conditions you read and agreed to at time of booking
there is a section 4.4. BOOKING CANCELLATION OR MODIFICATION BY THE AIRLINE OR FLIGHT PROVIDER

worrywart_3

What’s the email address to email them please

Life__Goes__On

Reading their T&Cs  should get a full refund  but it might take a year.

Nonetheless, as the Company takes customer satisfaction seriously, the Company will also refund agency fees even though it is not obligated to do so for the reasons stated in the preceding paragraph.

Finally, we inform you that airlines may take up to 12 months to refund your money or provide the corresponding economic compensation.

Butts

Caz3121 said:

perfectly normal for third parties to have service fees
you will need to refer to the terms and conditions you read and agreed to at time of booking
there is a section 4.4. BOOKING CANCELLATION OR MODIFICATION BY THE AIRLINE OR FLIGHT PROVIDER

Whether they are reasonable and justifiable is another matter - they are not sent down from heaven on a tablet and can be challenged.
Unfair terms can be set aside even if you have agreed to them on forming the contract.

Life__Goes__On

Butts,  totally correct
It would be hard to argue that say a £50 fee wouldn't be justifiable but where that limit stops that's for courts.
The worst T&Cs I have seen are Holiday Extras they state
"your booking terms and conditions allow us to cancel bookings without issuing a refund of any kind (due to it being a "force majeure" event"
So they just want to keep everyone's money without paying out a single penny.
I have no doubt that would be classed as unfair by the Consumer Rights Act 2015

Birseh_

I agree with Life_Goes_On....its not unreasonable. On her second point....The Consumer Rights Act 2015 really took over from the Unfair Contacts Act. Elements of that were rolled into the Consumer Rights Act. I am very impressed that Life_GoesOn has looked at the T&C of Holiday Extras. Their reviews are appalling for those who can read between the lines. 

bagand96

Butts said:

Whether they are reasonable and justifiable is another matter - they are not sent down from heaven on a tablet and can be challenged.
Unfair terms can be set aside even if you have agreed to them on forming the contract.

Life__Goes__On said:

Butts,  totally correct
It would be hard to argue that say a £50 fee wouldn't be justifiable but where that limit stops that's for courts.
The worst T&Cs I have seen are Holiday Extras they state
"your booking terms and conditions allow us to cancel bookings without issuing a refund of any kind (due to it being a "force majeure" event"
So they just want to keep everyone's money without paying out a single penny.
I have no doubt that would be classed as unfair by the Consumer Rights Act 2015

Of course any contract term could can be challenged as unfair and taken to the courts.  One of the main issues is that these agents fees are generally on the pricey side, but not enough to be outrageous.  So nearly everyone will put up with it, rather than go to the effort and expense of trying to challenge it in the courts, when it might only be a £50 admin fee.

That said the Bravofly group (actually called lastminute.com group these days) are some of the worst out there.  They have many levels of convoluted fees, optional "support" extras, and generally confusing T&Cs of any of the OTA's.  My personal favourite is their "Premium Service Package" which, for a charge of course, they will waive any of their fees in the event you need assistance from them!  Is that not the point in using an agent in the first place?!  They also use some shady language on that particular "product"  advertising Modification or Cancellation, even when selling you an air ticket that does not permit cancellation or modification.

Butts

Birseh_ said:

I agree with Life_Goes_On....its not unreasonable. On her second point....The Consumer Rights Act 2015 really took over from the Unfair Contacts Act. Elements of that were rolled into the Consumer Rights Act. I am very impressed that Life_GoesOn has looked at the T&C of Holiday Extras. Their reviews are appalling for those who can read between the lines. 

Package Travel and Linked Travel Arrangement Regulations 2018 is the one to look at.
Bravofly is connected to Last Minute.com I believe, so their terms and conditions will be full of exploitable avenues I would suggest.

bagand96

To the OP, have you asked bravofly why the cash refund is so much less?  Or have they provided any reason or breakdown of fees?  Only thing I can see on their website points to their £30 service fee to process refunds?

Birseh_

Bagand96.....I have some experience with TrustPilot. https://uk.trustpilot.com/review/www.bravofly.com For a company to have such a bad % is indicative of a serious problem.