Mis Advice regarding cancellation from small travel company

gemmakevin

I had a villa holiday booked to Florida due to leave on 11th April for me and my family. I booked with a small travel company. When the ban on travel to the USA was announced mid March I called the company to say how do I go about getting a refund. The lady on the phone was a little unhelpful and said had I considered other dates, however, I was concern about money worries so I said I wanted a refund. The lady told me to get a refund I would need to write a letter of cancellation. I wrote the letter detailing that I would like to cancel and obtain a refund and for them to contact me if there were any issues. I send this to the travel representative. The travel representative then called and said in order to get a full refund I would need to cancel the holiday and claim off the travel insurance and she made that seem like it was the correct process. At this point there were no alternative offer such as a voucher or to re-book. The representative asked me to change my letter and she would arrange for the cancellation to happen. They would send me around £1600 but the other £7000 would need to be claimed off the insurance. I am aware I sound a little silly for doing this but it was in the early days where there was no real advice and the lady very much made it seem like this was the correct process. I never cancelled because I didn't want to go it was because I was told this is how I would get my money back.

To cut a long story short the insurance obviously said no and the travel company have said that I cancelled so of course the insurance company won't pay out! The lady said send everything I have in and she will talk to the representation but asked me to send in other travel dates, which makes me feel like they know they did something wrong! I don't want to travel I want my money back, however, the only proof I have in regards to this is the email with the first cancellation and the second cancellation email which might indicate that they made me change this. My question is do I supply the other dates to ensure I at least get a holiday (if they agree to this) or do I complain regarding misadvise but risk losing everything but the £1600. 

I feel very stupid, however, I am sure there must be people in a similar situation.
Thanks

Life__Goes__On

What method of payment did you use?  was it one total for the holiday?

gemmakevin

Life__Goes__On said:

What method of payment did you use?  was it one total for the holiday?

I paid by bank transfer so can't claim via a card and yes it was a package holiday all booked through this company.  

Life__Goes__On

What did you say in your letter  to them? was it "I want to cancel"  or " I'd like a full refund so this is my letter of cancellation?.

Alan_Bowen

I assume you paid by card, advise the company that you intend to request a chargeback if they do not resolve the payment. The US closed the borders to those who had been in the UK back in March so there really is no excuse. I am assuming you made separate bookings for flights and accommodation so this is not a package holiday, if you made that clear, I am surprised your insurers would not accept the claim. They do reject package bookings as the law makes it clear that customers are entitled to refunds from the operators but this would not be the case here. 

Life__Goes__On

Alan_Bowen said:

I assume you paid by card, advise the company that you intend to request a chargeback if they do not resolve the payment. The US closed the borders to those who had been in the UK back in March so there really is no excuse. I am assuming you made separate bookings for flights and accommodation so this is not a package holiday, if you made that clear, I am surprised your insurers would not accept the claim. They do reject package bookings as the law makes it clear that customers are entitled to refunds from the operators but this would not be the case here. 

You must of missed  OP second post while replying.

gemmakevin

Life__Goes__On said:

What did you say in your letter  to them? was it "I want to cancel"  or " I'd like a full refund so this is my letter of cancellation?.

Letter said something like:

In light of the current situation regarding COVID 19 and the travel bans in place I would like to cancel my forthcoming holiday to Florida.

I have been advised by your travel line that I should write a letter with my instructions. Therefore, please can you take this as confirmation that I would like to cancel the holiday and obtain a refund. I am hoping this is a straightforward process and a refund can be issued. If there are any issues or I need to use my insurance please provide me with the necessary details.

That's when they told me that they would refund a portion and that the rest would have to be claimed off insurance. They never offered me any alternative at this point and made it seem like this was the correct process. I feel I have grounds for complaint but it is difficult to prove hence I am thinking should I just re book if they let me?

Life__Goes__On

You have I see 3 options
Complaint against your insurance company as you were just following the travel agent instructions
Complain against your travel agent for same reason
Take legal action via the court  with the travel agent.

When you claimed with the insurance company did you summit the letter and a detailed account on what happen, and why you came to write the letter?

gemmakevin

Life__Goes__On said:

You have I see 3 options
Complaint against your insurance company as you were just following the travel agent instructions
Complain against your travel agent for same reason
Take legal action via the court  with the travel agent.

When you claimed with the insurance company did you summit the letter and a detailed account on what happen, and why you came to write the letter?

Yes funnily enough I have just written back to the travel insurance. I did provide them with copies of the letters, however, they still said the travel company were liable. However, I have just gone back to say that the holiday won't pay out as they are saying I have cancelled and to ask if this changes things. I quoted that the FCO ban was in place and that my trip was within 28 days of this.

Life__Goes__On

Is you travel agent a member of any associations?

gemmakevin

Life__Goes__On said:

Is you travel agent a member of any associations?

Yes ATOL and ABTA so that's good. However, it's still my word against theirs.