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Refund - Citrus Holidays

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jam1991
jam1991 Posts: 183 Forumite
Sixth Anniversary 100 Posts
edited 19 May at 4:44PM in Coronavirus Board
Long story short, package holiday booked with Citrus Holidays, due to fly out on 20/05/2020.
The itinerary of the holiday can no longer be met due to travel restrictions in Dubai/Thailand etc.
Previously via telephone, they stated I could not have a refund as Emirates (Airline) was not refunding them, so they could not pass on a refund.
They are stating the booking/trip is not cancelled and their latest response to my full refund request is below:

"No one has cancelled the booking. Your booking has been affected due to Covid 19 and this condition is not covered in this Pandemic situation.
We are giving you an option to change the dates and if you do not wish to change the dates. We are offering a credit voucher of the full value which will be valid for a year and you need to book within a year.

We are working according to legal guidelines and advisory from the UK Civil Aviation Authority,  cancellations arising from circumstances relating to COVID-19 will be treated as extraordinary circumstances and therefore not eligible for compensation.
So if you need cash refund then the normal cancellation charges will apply.
Waiting for your response"

Their own website Terms & Conditions states the following:
"In the unlikely event that a booking has to be cancelled, for any reason other than non-payment by you, we will offer you alternative travel arrangements if these are available. Or, you can have a full and prompt refund of all monies paid to Benz Travel less any insurance premiums and amendment fees. No compensation is payable."

They appear to be a member of ATOL (certificate received) and IATA (Not too sure what rights/protection they offer).
I would be grateful on any advice with regards to my actual rights for a refund. I have heard and seen that many reports and statements on rights/laws/policies, that I truthfully do not know where I stand. 

I would like to formulate a correct response to their latest email, to hopefully try and receive a full refund.
Thanks in advance.
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Comments

  • Browntoa
    Browntoa Posts: 49,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Technically they should offer a cash refund but probably won't but this wouldn't be until 14 days from the formal cancellation by them of your holiday.

    As they say , it's not been formally cancelled yet.

    Your other avenues are 

    Chargeback via your bank

    Section 75 claim via your credit card.

    Travel insurance claim.

    Small claims court


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    Long term forum member
  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    jam1991 said:
    Long story short, package holiday booked with Citrus Holidays, due to fly out on 20/05/2020.
    The itinerary of the holiday can no longer be met due to travel restrictions in Dubai/Thailand etc.
    Previously via telephone, they stated I could not have a refund as Emirates (Airline) was not refunding them, so they could not pass on a refund.
    They are stating the booking/trip is not cancelled and their latest response to my full refund request is below:

    "No one has cancelled the booking. Your booking has been affected due to Covid 19 and this condition is not covered in this Pandemic situation.
    We are giving you an option to change the dates and if you do not wish to change the dates. We are offering a credit voucher of the full value which will be valid for a year and you need to book within a year.

    We are working according to legal guidelines and advisory from the UK Civil Aviation Authority,  cancellations arising from circumstances relating to COVID-19 will be treated as extraordinary circumstances and therefore not eligible for compensation.
    So if you need cash refund then the normal cancellation charges will apply.
    Waiting for your response"

    Their own website Terms & Conditions states the following:
    "In the unlikely event that a booking has to be cancelled, for any reason other than non-payment by you, we will offer you alternative travel arrangements if these are available. Or, you can have a full and prompt refund of all monies paid to Benz Travel less any insurance premiums and amendment fees. No compensation is payable."

    They appear to be a member of ATOL (certificate received) and IATA (Not too sure what rights/protection they offer).
    I would be grateful on any advice with regards to my actual rights for a refund. I have heard and seen that many reports and statements on rights/laws/policies, that I truthfully do not know where I stand. 

    I would like to formulate a correct response to their latest email, to hopefully try and receive a full refund.
    Thanks in advance.
    I have been reading many excuses by travel companies of reasons of not paying a cash refund
    This has without doubt be right up there with the biggest load of rubbish spouted by any company.

    You are entitled to a refund within 14 days,  end of.
    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    edited 5 May 2020 at 1:11PM
    If you find that the holiday can't go head because of cancelled  flights or hotel cancelled.
    Tell the company under The Package Travel and Linked Travel Arrangement Regulations 2018
    you are due a  refund with 14 days,   their statement  is untruthful and has no bearing in law.
    If you still refuse a cash refund that I'm entitled to by law, I will have no option to peruse further action
    including if necessary court action.
    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • jam1991
    jam1991 Posts: 183 Forumite
    Sixth Anniversary 100 Posts
    Browntoa said:
    Technically they should offer a cash refund but probably won't but this wouldn't be until 14 days from the formal cancellation by them of your holiday.

    As they say , it's not been formally cancelled yet.

    Your other avenues are 

    Chargeback via your bank

    Section 75 claim via your credit card.

    Travel insurance claim.

    Small claims court


    Thanks, the outbound flights of the trip are from the UK > Dubai > and onto Thailand, all which have travel restrictions in place.
    I understand regarding a 14 day refund, but my worry is in their minds, they are claiming that the booking will never be cancelled, just rearranged, hence no right to a full cash refund.

  • Browntoa
    Browntoa Posts: 49,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I've not seen mention of auto rebooking for flights , purely issuing vouchers to allow you to rebook
    Ex forum ambassador

    Long term forum member
  • jam1991
    jam1991 Posts: 183 Forumite
    Sixth Anniversary 100 Posts
    Their latest response:
    "The terms and condition that you are talking about relates to if we cancel the booking.
    But your booking has been affected due to Covid 19 as the country that you are traveling to is Lock-down. And the flights are not operating due to Covid 19.
    So we would not be able to offer you a full refund in this case. 
    If you do not proceed with the dates changes or a credit voucher. We are able to refund you £ 1902.00
    Waiting for your response."

    Total booking cost: £2,252.00
    No explanation of missing £350...
  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    jam1991 said:
    Their latest response:
    "The terms and condition that you are talking about relates to if we cancel the booking.
    But your booking has been affected due to Covid 19 as the country that you are traveling to is Lock-down. And the flights are not operating due to Covid 19.
    So we would not be able to offer you a full refund in this case. 
    If you do not proceed with the dates changes or a credit voucher. We are able to refund you £ 1902.00
    Waiting for your response."

    Total booking cost: £2,252.00
    No explanation of missing £350...
    More rubbish

    What method of payment did you use?
    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • jam1991
    jam1991 Posts: 183 Forumite
    Sixth Anniversary 100 Posts
    jam1991 said:
    Their latest response:
    "The terms and condition that you are talking about relates to if we cancel the booking.
    But your booking has been affected due to Covid 19 as the country that you are traveling to is Lock-down. And the flights are not operating due to Covid 19.
    So we would not be able to offer you a full refund in this case. 
    If you do not proceed with the dates changes or a credit voucher. We are able to refund you £ 1902.00
    Waiting for your response."

    Total booking cost: £2,252.00
    No explanation of missing £350...
    More rubbish

    What method of payment did you use?
    Thanks, deposit via Debit card.
    Then 2 x Credit card payments for the 2nd payment and 3rd final balance payments.
  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    edited 11 May 2020 at 4:22PM
    jam1991 said:
    Thanks, deposit via Debit card.
    Then 2 x Credit card payments for the 2nd payment and 3rd final balance payments.
    Then try the Chargeback with the 3 transactions.
    If anyone  them fails  then you can go to Section 75 on credit card  and claim the rest of the money back
    (this could be either of the credit cards if they are different)
    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    edited 11 May 2020 at 5:28PM
    When sending the Chargeback submit full evidence and a covering letter  that basically says " I am  due a refund under
     " The Package Travel and Linked Travel Arrangement Regulations 2018"
    This company has refused a refund, (send them proof (the emails they sent you))

    To challenge the Chargeback Citrus Holidays will have to provide evidence,  which they plainly can not do  as the law is on your side. 
    EDIT. Also state you are not willing to accept a voucher and under English lawyou not have to accept a voucher.
    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

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