Travel Agent Wont refund Ski Passes

Limechase

Life__Goes__On said:

dech56 said:

Life__Goes__On said:

dech56 said:

Life__Goes__On said:

dech56 said:

I have exactly the same problem..wonder if it’s the same travel agent?
Only difference is that I only bought ski passes from them...does this mean my only hope is through travel insurance?

Did you buy the ski passes at the same time as other items,  or on there own?

I bought them roughly the same time as other items such as flights and car hire....but they were bought directly from BA and not through the Travel Agent. Because it was a BA package, BA automatically refunded all the money very quickly as did the condo owner which was booked privately.

So it was just the Ski passes book with TA  and nothing else?

Yes, just the ski passes. I Use the same TA every year. 

It looks like the best way for you is your insurer.

was that travel agent Ski Independence?

dech56

No Ski Safari. To be fair to them they have been very helpful chasing up a credit for next year Ski pass or issuing a cancellation invoice. Normally I would be happy to accept the credit but I am really not comfortable going back to the USA any time soon. Plus ofcourse getting travel insurance to include COVID-19 is impossible and who would want to be ill over there without insurance?

Limechase

dech56
Very similar for me, Ski Independance have been very good & I want to use them again, but as you mention, I am not confident we will be travelling/skiing next year. Also Vail resorts are issuing vouchers towards next year ski passes, however they will cost significantly more than the 80% of this years cost I am being offered... So I lose 20% straight away, as THEY closed the lifts, before my holiday, so I got no skiing.. That is why I would like a refund. I am currently on hold to my credit card company again (Been 45mins so far) just to try & get a claim form/register a claim.

Life__Goes__On

dech56 said:

No Ski Safari. To be fair to them they have been very helpful chasing up a credit for next year Ski pass or issuing a cancellation invoice. Normally I would be happy to accept the credit but I am really not comfortable going back to the USA any time soon. Plus ofcourse getting travel insurance to include COVID-19 is impossible and who would want to be ill over there without insurance?

Did you pay BA (your package holiday)  with a credit card?

dech56

Yes my flights with BA were paid by credit card as well....and refunded to my credit card within 7 days after being cancelled.

dech56

What I am wrestling with is who ‘failed to provide the service’. It seems to me that the TA actually met the terms of their contract and provided the voucher. The fact that Vail Resorts Closed down the resorts Is not the fault of the TA...it was Vail resorts that failed to provide the service, but claiming against them would be a waste of time.
I am reluctant to claim against the TA as we have used them every year, but one of our party has been told that a chargeback agains the TA is the correct path as it was them that failed to provide the service.
I have no idea how easy it would be to claim from our travel insurance and of course there will be the excess to pay on the claim.

Limechase

dech56 said:

What I am wrestling with is who ‘failed to provide the service’. It seems to me that the TA actually met the terms of their contract and provided the voucher. The fact that Vail Resorts Closed down the resorts Is not the fault of the TA...it was Vail resorts that failed to provide the service, but claiming against them would be a waste of time.
I am reluctant to claim against the TA as we have used them every year, but one of our party has been told that a chargeback agains the TA is the correct path as it was them that failed to provide the service.
I have no idea how easy it would be to claim from our travel insurance and of course there will be the excess to pay on the claim.

That is exactly my issue here too, I am trying via my credit card to do a chargeback/Section 75 claim, but they are saying it now takes upto 60days just to send the application form out. (I spent 1hr 30mins waiting on two calls yesterday to  the Halifax)
The voucher that Vail is offering is of no use, as I dont believe we can go there next year, and it is only 80% of what we paid, and next years pass has risen in cost significantly. My TA has been very good in already refunding the other elements of our "package" but remains steadfast, relying on their claim that the ski passes are non refundable, which I believe is only if we cancel, not them, & they don't have any detail on that in their terms, and I wasn't informed of this at the time of purchase, it was only mentioned on my receipt after payment.  I am pressing ahead with a claim with my credit card at this time.

Life__Goes__On

dech56 said:

Yes my flights with BA were paid by credit card as well....and refunded to my credit card within 7 days after being cancelled.

Under S75 of the CCA1974 you are allowed to claim for 'consequential losses'.
You could claim on the  credit card you bought the holiday with  claiming losing the money for the ski pass is a 'consequential loss" directly relating to the cancelling of the holiday
No sure if it would work,  but filing a S75 is free.
https://www.moneysavingexpert.com/shopping/section75-protect-your-purchases/

• A concert was cancelled, but I'd paid for trains/hotel. Can I claim for associated costs?

  The law allows you to claim for 'consequential losses' arising from the problem. In other words, if what went wrong forced you to shell out, the credit company is liable just like the retailer would be. Obviously it's more difficult to do, but it's still legal.

  One person managed to claim transport & hotel costs to a postponed concert back...

  Last year I purchased concert tickets for myself and a friend. The concert was postponed but while the tickets were still valid, I'd also spent £230 on train tickets and hotel accommodation.
  
  I contacted the rail companies and the hotel to ask for a refund, only to be told they were non-refundable. So I contacted my credit card company quoting the Consumer Credit Act and asked for a refund.
  
  This morning, to my surprise, I received a letter from my credit card company offering me a full refund of £230.

dech56

Thinking more about this, could we raise a Section 75/Chargeback against Vail Resorts...after all it was THEM that failed to provide the service, not the TA. The TA has already paid them for the vouchers and has met the terms of their contract with us by supplying the vouchers. Obviously VAil Resorts wouldn’t pay up so is it not then the responsibility of the Credit Card Company to refund the money to us?

Life__Goes__On

dech56 said:

Thinking more about this, could we raise a Section 75/Chargeback against Vail Resorts...after all it was THEM that failed to provide the service, not the TA. The TA has already paid them for the vouchers and has met the terms of their contract with us by supplying the vouchers. Obviously VAil Resorts wouldn’t pay up so is it not then the responsibility of the Credit Card Company to refund the money to us?

You have no relationship with Vail Resorts only with the TA, you can only file a S75 on whom you paid.