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force majeure’

YazmcWHC
YazmcWHC Posts: 7 Forumite
First Post
edited 19 May at 4:46PM in Coronavirus Board

Hello,

We have had our holiday cancelled and have been told we can only have a credit voucher because the travel agent is 3rd party and ATOL only covers bankrupcy etc by tour operators

The reason force majeure’

Can I request a refund?

As stated in our website booking conditions, your contract does not allow refunds. This unprecedented situation comes under circumstances amounting to ‘force majeure’ which includes any event which the Tour Operator  could not, even with all due care, foresee or avoid, such as war or threat of war, riot, civil strife, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, government action and all similar events beyond our control. 

In this case, it is a global Pandemic, which has caused Government action enforcing a worldwide ban on all but essential travel. 

I’m not sure where we stand, any help would be greatly appreciated

Kind Regards


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Comments

  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    What do you mean by "holiday"?
    Was it hotel & travel  booked at the same time?  What method of payment did you use?  What is the name(s)on the transaction?
    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • YazmcWHC
    YazmcWHC Posts: 7 Forumite
    First Post

     Hello we booked the flights and accommodation through the travel agent booked at the same time but they have informed me they used two different brokers one for the hotel and one for the flight., we booked it through debit card. Our insurance doesn't cover ‘tour operator cancelations’


  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    edited 22 May 2020 at 5:51PM
    How was it billed on your debit card statement? (EG one payment to travel agent)
    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • Alan_Bowen
    Alan_Bowen Posts: 4,927 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    A package holiday, with an ATOL Certificate, cannot have any "no refund" policies when they cannot provide the holiday. It might be the case they charge 100% cancellation charges if you cancel but you haven't and you are entitled to a full refund, name and shame please
  • YazmcWHC
    YazmcWHC Posts: 7 Forumite
    First Post
    three seperte payments one deposit and 2 others one for the flights one for the hotel
  • YazmcWHC
    YazmcWHC Posts: 7 Forumite
    First Post
    A package holiday, with an ATOL Certificate, cannot have any "no refund" policies when they cannot provide the holiday. It might be the case they charge 100% cancellation charges if you cancel but you haven't and you are entitled to a full refund, name and shame please
    He is saying ATOL doesnt cover it they have also put a blanket statement on the website

    We would like to firmly reassure you that should the government action period be extended further or suppliers enable us to change holiday dates which covers your departure date, we WILL either be able to amend your booking to a later date OR provide you with a credit voucher for the full amount paid, so you can take more time deciding what future date you would like to travel. (Both of these options are subject to new fares & taxes, availability and suppliers and airlines terms & conditions). 

    Can I request a refund?

    As stated in our website booking conditions, your contract does not allow refunds. This unprecedented situation comes under circumstances amounting to ‘force majeure’ which includes any event which the Tour Operator or PILLINGER WORLD TRAVEL LTD could not, even with all due care, foresee or avoid, such as war or threat of war, riot, civil strife, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, government action and all similar events beyond our control. 

    In this case, it is a global Pandemic which has caused Government action enforcing a worldwide ban on all but essential travel.

    Please note – Pillinger World Travel LTD is NOT an ABTA member and therefore are not obliged to follow ABTA’s ‘package holiday refund regulations’. We are a fully ATOL Protected agent within the Global Travel Group. ATOL protection covers loss of money in the event of insolvency of either the travel agents, suppliers, accommodations and airlines. The Global Travel Group instruct agents to adhere by there own terms and conditions, their suppliers terms and conditions and airlines terms and conditions. Therefore, Pillinger World Travel LTD do not have control of whether refunds can be passed back through from airlines/accommodations to our suppliers, then to us and finally to you. Due to a Force Majeure situation, airlines and accommodations are instead doing there upmost with providing free amendments or holding payments to be used as a credit voucher (both options being subject to new fares & taxes, availability and suppliers and airlines terms & conditions.


  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    edited 22 May 2020 at 6:46PM
    It's total rubbish their statement "force majeure" is to prevent compensation claims, not to deny refund.
    Also  "not obliged to follow ABTA’s ‘package holiday refund regulations"  they are not ABTA regs, they are an Act of Parliament" and legally  must be followed.

    Trying to work out what you have
    Did you make all 3 payments to Pillinger?  when was the transactions dated?  did  you get one invoice with a total cost of everything for Pillinger?
     

    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • YazmcWHC
    YazmcWHC Posts: 7 Forumite
    First Post
    I made three payments to them, all dated and invoiced for. Looking into charge back on debit card as an option as well
    Insurance companies dont want to know sadly
  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    1] Was there one invoice  did it have a grand total on it?
    2] What dates did you make payment on?
    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • YazmcWHC
    YazmcWHC Posts: 7 Forumite
    First Post
    it was two seperate ones as I had to pay a deposit and the final amount

    made one early feb and one late march as it was due
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