Holiday cut short and repatriation flight took is to an alternative airport due to Covid-19

Life__Goes__On

Sky_Dragon said:

As expected, nothing back from TUI yet, but I noted that their form for claiming cash refunds says "If you've received a refund credit voucher for a holiday that was cut short, unfortunately these cannot be exchanged for cash and therefore the form will not be able to be processed." so I assume I'll eventually be offered a non-encashable credit note of some form as a "price reduction".
Does anyone know if I could reasonably refuse this, and, if they won't refund some cash, use my insurance instead?

My insurer has said they will at least consider the claim if I provide "Confirmation showing your booking cannot be refunded/credited by First Choice/TUI." so I'm unclear whether I need to haggle with TUI until I get something close to what I want (e.g maybe a reasonable cash refund) or, if I fail and they stick with the credit note offer, I can take that to the insurer and say I'm not getting back what I paid.

The insurance policy wording says they will pay me money "...for your share of any unused accommodation, car hire

and excursions that are directly related to your trip

which you have paid for and cannot get back from

anyone else".

They owe you the money, they can't force you to take a voucher.
If you paid via a credit card, then if TUI refuse a cash refund then use a S75, this has clearly worked in the  past.

Sky_Dragon

Life__Goes__On said:

They owe you the money, they can't force you to take a voucher.
If you paid via a credit card, then if TUI refuse a cash refund then use a S75, this has clearly worked in the  past.

Thanks again, but can you provide any sources for clear guidance on Curtailment rights as I can't find any. NB I did pay by Santander Credit Card so a S75 looks feasible.
If I understand correctly:

1. I'm not entitled to any Compensation (as curtailment due to an epidemic is excluded in the TUI package Ts&Cs, supported by PTRegs 2018 Part 4 Clause 16(4))
2.  I am, however, entitled to a Price Reduction (PTRegs 2018, Part 4, Clause 16(2))

However, I can't find a requirement for the Price reduction to be by cash, though PTRegs 15(10) says "The traveller may reject the proposed alternative arrangements offered under paragraph (8) only if— ...(b)the price reduction granted is inadequate." so maybe a Credit Voucher would be deemed "inadequate"?

At the moment I'm still awaiting some sort of offer of a Price Reduction from TUI (just on hold at the moment to see if I can have a chat today...)

So, before I kick off a S75 I wanted to confirm what right I have to insist on a cash refund (in case TUI actually do come up with a Credit Voucher while I'm awaiting the S75 process).
Additionally as mentioned above, my Insurance will consider my claim if TUI provide evidence that TUI can't refund/credit me, so that also looks like they can reject the claim if I eventually get offered a Credit Voucher unless I can also persuade the insurers that I'm due cash. 

I appreciate this may all take months to work through (The S75 seems like it has a 3-4 month possible cycle) but apart from the lack of ANY firm offer or rejection from TUI as yet, I think my biggest issue with the S75/Insurance would be showing I had an entitlement to cash.

Life__Goes__On

There is good guidance here
 https://www.ukecc.net/consumer-topics/travelrefunds.cfm
The information is backed by  Trading Standards (CTSI)

There is no legal obligation on any passenger to accept a rebooking or a voucher, and you can insist on a refund, but at this time there may be long delays before monetary refunds are processed and pursuing through the courts will be a lengthy process


A voucher is nothing more than an IOU,  it's not a refund in itself,  but a promise of one when it's cashed in.

Srdl

I have a similar story. We were brought home four days early from our 14 day trip to Tenerife in March. I wrote to TUI asking for approx. £1100 refund for unused nights. Their initial response was along the lines of get lost, we're busy and we won't be dealing with your enquiry. So I started a Section 75 claim through M&S Bank.

A week or so back, I got an email from TUI apologising for the delay and giving me a "refund" (their word) of well over £1300 by way of a holiday voucher. As has been said above, this cannot be exchanged for a cash refund. I queried this with TUI and they have also blamed the Package Travel Regs. Again, someone has already summarised this - I am entitle to a price reduction but no further compensation or damages because of matters beyond TUI's control. That's fine as I only want what's due and not any further compo. Nowhere do the Regs state that I must accept a voucher so I am continuing with my S75 claim via M&S Bank who, I have to say, are about as useless as TUI but, I know, they're very busy.

I have no qualms about pursuing TUI because the hotel (Riu) is part of their group and saved money by not feeding and accommodating us for four nights. Their airline saved money because they put us on a half empty earlier scheduled flight and cancelled our scheduled flight a few days later. I'm entitled to some of that cost saving, I think!

The claim is simpler now - there's no longer any argument about whether a refund is due or the amount just the lack of a cash alternative. If M&S Bank refuse to pay up, then I will ask to escalate to the Financial Ombudsman Service and, I believe, any referral to the FOS costs the bank £1000 so that may focus their minds.

vickiebeckett

Sounds like you’ve had a good result. I’m interested to hear how you worded your tui complaint please.

After having a travel insurance claim logged for months we are still no further forward... 

We booked our honeymoon

Through a Travel counsellors consultant and flew out on the 10th March... on the 16th March our consultant contacted us to say we needed to come home a week early as Mauritius was going into lockdown due to COVID. The next day we flew home and it was the same that the FCO advised against all travel. 

TC said that it would need to be the insurance that settled this so we contacted them, we still have nothing... they are asking for a full breakdown of costs on our package deal which TC can’t supply. I just want some of our money back. Our honeymoon was over £5k a week short and we’ve got nothing but grief. Please can you help!! Where do we go? Do we press our travel consultant? Or our travel insurance? 

Many thanks 

Srdl

vickiebeckett said:

Sounds like you’ve had a good result. I’m interested to hear how you worded your tui complaint please.

After having a travel insurance claim logged for months we are still no further forward... 

We booked our honeymoon

Through a Travel counsellors consultant and flew out on the 10th March... on the 16th March our consultant contacted us to say we needed to come home a week early as Mauritius was going into lockdown due to COVID. The next day we flew home and it was the same that the FCO advised against all travel. 

TC said that it would need to be the insurance that settled this so we contacted them, we still have nothing... they are asking for a full breakdown of costs on our package deal which TC can’t supply. I just want some of our money back. Our honeymoon was over £5k a week short and we’ve got nothing but grief. Please can you help!! Where do we go? Do we press our travel consultant? Or our travel insurance? 

Many thanks 

I do get the impression, from what I read and personal experience, that travel operators, insurance companies and banks make things as difficult as possible in the hope that customers will give up. I have learnt a lot since I started my claim and would have done things differently now. Unfortunately, I haven’t been on this forum long enough to post links so you will have to do your own searching.

Your holiday would be covered by the Package Travel Regulations. Search “The Package Travel and Linked Travel Arrangements Regulations 2018” on Google and look for the legislation . gov . uk link. Part 4 and Section 16 is the most relevant.

Under Section 16, you are entitled to a “price reduction” for any nights not used or others parts of the package you couldn’t use (excursions etc?). Because matters were outside the tour company's control, you are not entitled to any other damages or compensation. So, settle for refund of unused nights accommodation.

In terms of the regulations, Travel Counsellors are the “Organiser” so liable to you under the Regulations. In fact, they confirm this on their own website. On their website, click on “Terms and Conditions” (bottom left) and then “Special Notice” at the bottom of the list. Around points 9 and 10 confirm what the Regulations say.

Write to them asking for a refund. If they refuse or don’t reply in what you consider an acceptable time, contact your credit card company and ask them for a refund, either as a Chargeback or a Section 75 claim. Search for “Section 75” on the MSE website.

Good luck and don’t give up. Let us know how you get on or if you need any further detail.

Srdl

Also search MSE for “Chargeback” and check that because there is a time limit on that but not on Section 75 claims.