Travel Agent Wont refund Ski Passes

Limechase

I booked a ski package deal with an ABTA travel agent. (for travel April 20) The resort & hotel, closed and we were therefore not able to travel. Our Travel Agent refunded the hotel, transfers, ski lessons & Kids ski club for my son, but refused the ski pass refund,(£1500)  saying it is a non refundable item?  I pointed out the non refund is if WE cancel not the resort closing its lifts. Travel Agent say Vail Resorts is not refunding them, so they can't refund me, I pointed out that my contract is with them, and while I understand their difficulties, they should refund me??. Now been offered a voucher percentage off against next years ski passes, (Not convinced we will be able to travel by then) I just want a refund?
Tried instigating a Section 75 claim through Halifax/mastercard, but as of Monday that will be 6 weeks since I asked for a claim form. They said they are taking two months just to send out claim forms??

Am I right about the Travel Agent being responsible?, would the Non refund of ski passes be an unfair contract term if they tried to rely on that? Any suggestions on how to proceed?
Thanks in advance.

Life__Goes__On

Was everything including the Ski pass bought and paid for at the same time?
What method of payment did you use? was the payment broken down on the statement? and who is the payee?

Limechase

Life__Goes__On said:

Was everything including the Ski pass bought and paid for at the same time?
What method of payment did you use? was the payment broken down on the statement? and who is the payee?

No.. as ski passes were not available at time we booked the hotel etc, ski passes were added to "package" Paid the additional for ski passes on Halifax/Mastercard credit card when they were available, some weeks later.

Thrugelmir

Why should the Agrent refund you? The passes are sold by Vail on a non transferable and non refundable basis. Presumably you looked into this prior to booking them. 

Life__Goes__On

Not sure of the rules as it wasn't purchased at the same time,  if it had you would have been due a refund.
I will see if I can find any info on the legal side with items added to a package holiday.

Limechase

Thrugelmir said:

Why should the Agrent refund you? The passes are sold by Vail on a non transferable and non refundable basis. Presumably you looked into this prior to booking them. 

My contract is with the agent not Vail, so I can only go to the Agent. I have no arrangement with Vail, only the travel agent who booked it? Think of it like buying bread at the supermarket, if there's a problem, would you go direct to Warburtons?

Limechase

Life__Goes__On said:

Not sure of the rules as it wasn't purchased at the same time,  if it had you would have been due a refund.
I will see if I can find any info on the legal side with items added to a package holiday.

It shows on my invoice and receipt not as a separate transaction? I did pay for the ski passes with a credit card, would that help? 

Life__Goes__On

If you have a invoice and receipt that includes the ski pass with everything else than there I feel a good case of it to be included as part of the "package" ( I couldn't find legal info if it's included or not)

If you want, you can try and claim the whole invoice amount back, via the "package holiday regs"
But can't see it happening quickly,  if the TA doesn't want to pay out, then a Chargeback on the transaction for the Ski Passes might be the quickest way.
If going down the S75 route, I can see the credit card companies making people wait a long time in the hope the TA will pay out.

Limechase

Is a chargeback for debit card transactions only and Section 75 for credit cards? as I paid for the rest of the package on a debit card & that has already been refunded?

Thanks!

Life__Goes__On

A Chargeback is for both, a S75 is credit card only.
So for case try a Chargeback ( with that the TA pays) if that fails the try a Section 75 (the credit card company pays)
You will most likely have to prove that the Ski passes form part of the package holiday contract, hopefully the invoice with be taken as proof. If the Chargeback gets rejected it may be a long wait till the S75 is resolved and you may  end up going to the Ombudsman for a ruling. I don't know what they will rule,  but it's free. so the only cost is time.

Raise a "Chargeback" against the transaction stating non-supply of service which is the whole package and you are claiming for just one part (using proof of cancellation) also state that you have rejected any vouchers that you are entitled to do under English law
Normally with a Chargeback the money is returned once it’s processed

The Travel Agent can dispute the Chargeback, but it must supply evidence to the card company.

If the Travel Agent  is successful, then the Chargeback is reversed and the money taken back  from your account

Limechase

Life__Goes__On said:

A Chargeback is for both, a S75 is credit card only.
So for case try a Chargeback ( with that the TA pays) if that fails the try a Section 75 (the credit card company pays)
You will most likely have to prove that the Ski passes form part of the package holiday contract, hopefully the invoice with be taken as proof. If the Chargeback gets rejected it may be a long wait till the S75 is resolved and you may  end up going to the Ombudsman for a ruling. I don't know what they will rule,  but it's free. so the only cost is time.

Raise a "Chargeback" against the transaction stating non-supply of service which is the whole package and you are claiming for just one part (using proof of cancellation) also state that you have rejected any vouchers that you are entitled to do under English law
Normally with a Chargeback the money is returned once it’s processed

The Travel Agent can dispute the Chargeback, but it must supply evidence to the card company.

If the Travel Agent  is successful, then the Chargeback is reversed and the money taken back  from your account

Thank you Life goes on... very helpful, thanks for taking the time, I learnt something about a chargeback...