Funway and getting your money back

bobblebob

Few people seem to have booked a holiday with TUI, and Funway as the supplier so fall under Funway T&C.
TUI got back to me and said Funway will issue a refund credit note so i can claim a cash refund from my insurers. I know already that my insurance wont pay out as if a refund credit note is issued. Funway then say if the insurance route isnt possible, they will only offer a cash refund when they have got their money back from their supplies and airline. 

So firstly is this legal and secondly how long will it take for them to claim their monies back? 

Life__Goes__On

I think a some people who are having a refund issue with a holiday are ending up going down a Chargeback route, as they don't want to wait many many months for the TA to deal with it. Other are prepared to wait, but the waiting time will be unknown.

bobblebob

Chargeback seems very hit and miss it seems going on these forums and what ive heard from friends/Facebook

Life__Goes__On

To start with the card companies gave out advice that a Chargeback should fail if a customer has been offered a voucher of some kind. as they were expecting the Gov to back the voucher.   This clearly hasn't happen so they updated the advice to say a chargeback is allowed even if a customer has been offered a voucher.
The trouble some are having is the person they contact doesn't understand the rules, it's getting past that person.

bobblebob

I wonder if a  LETTER BEFORE ACTION would be a better way? Threaten them with legal action. I dont mind waiting for a refund due to the sheer volume of people applying for one, but Funway are purposely holding peoples money until they get refunded themselves from their supplier. Thats not my problem. They cant provide a service so should refund me asap, not make we wait for god knows how long

Life__Goes__On

bobblebob said:

I wonder if a  LETTER BEFORE ACTION would be a better way? Threaten them with legal action. I dont mind waiting for a refund due to the sheer volume of people applying for one, but Funway are purposely holding peoples money until they get refunded themselves from their supplier. Thats not my problem. They cant provide a service so should refund me asap, not make we wait for god knows how long

That is worth a go, no harm in trying.

bobblebob

Assume i will have to wait until 14 days after the holiday start date before i can send it? Then its outside the legal timeframe to refund

Life__Goes__On

bobblebob said:

Assume i will have to wait until 14 days after the holiday start date before i can send it? Then its outside the legal timeframe to refund

The timeframe starts from when it's cancelled (that's when you were informed of the breach)
https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/if-you-want-a-refund-because-of-coronavirus/

bobblebob

Life__Goes__On said:

bobblebob said:

Assume i will have to wait until 14 days after the holiday start date before i can send it? Then its outside the legal timeframe to refund

The timeframe starts from when it's cancelled (that's when you were informed of the breach)
https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/if-you-want-a-refund-because-of-coronavirus/

Ah ok thanks. Not officially got a cancellation form or anything from them, just an email from TUI saying a refund credit will be issued. So in effect the same thing as i wont be travelling

Its abit of a cheek  telling people to claim on insurance. Funway will get refunded from their supplies, yet wont pass that refund onto me, and want my insurance company to pay out instead. Think there hoping a few will so they can save a few quid

Life__Goes__On

bobblebob said:

Its abit of a cheek  telling people to claim on insurance. Funway will get refunded from their supplies, yet wont pass that refund onto me, and want my insurance company to pay out instead. Think there hoping a few will so they can save a few quid

Totally agree, that's why most insurers are refusing to pay out, saying the TA should pay.