Contiki Cancelled Our Trip - Deposit Refund

GM1992

Hello everyone - hopefully a quick one!

We had a tour booked with Contiki which they have now cancelled. They're saying that our deposit in non refundable however and can only be used as future credit towards another trip, not eligible for a refund.

I've done some research on citizens advice and it appears to me that this would class as a package holiday (we booked a tour which includes accommodation and travel within the trip) and so we should be entitled to a refund as they themselves have cancelled the trip.

Having pushed this with them though, they are continuing to uphold that we are not entitled to a refund - does anyone have any advice/information on whether this is the case?

Thank you in advance!

Life__Goes__On

If they cancelled you are due a cash refund if it's a package holiday.

GM1992

Life__Goes__On said:

If they cancelled you are due a cash refund if it's a package holiday.

That's what I thought - I've said this to them though and had this response:

"Please be advised that we are enforcing our brochure terms and conditions. To better explain the policy; due to circumstances beyond our control, and in accordance with travel restrictions imposed by government advisories worldwide, Contiki has had to temporarily suspend all trips across the globe departing up and until August 31, 2020. Which means that Contiki did not cancel our trips due to operational reasons but was forced to suspend them surrounding the pandemic. This resulted in us having to implement our force majeure policy.

As I mentioned, the deposit would remain on file and can go towards the balance of a future trip with us. You  have until your 36th birthday to use the deposit protection.

Please let me know if you have any other questions. Thank you for your patience and understanding."

Does anyone know how we can go about challenging this please/what the next step is in doing so?

Thanks!

Life__Goes__On

So they are claiming their T&Cs over-ride the Package Travel and Linked Travel Arrangements 2018

It has no legal basis trying to deny you a cash refund.

What method of payment did you use?

GM1992

Life__Goes__On said:

So they are claiming their T&Cs over-ride the Package Travel and Linked Travel Arrangements 2018
It has no legal basis.

What method of payment did you use?

Excellent thanks for linking the legislation! I'll respond with that in my email.

Debit card unfortunately (I know, won't be making that mistake again!)

Life__Goes__On

On your debit card raise a "Chargeback" against the transaction stating non-supply of service, (using proof of cancellation) also state that you have rejected any vouchers or credit that you are entitled to do under English law
Normally with a Chargeback the money is returned once it’s processed

Contiki  can dispute the Chargeback, but it must supply evidence to the card company.

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

GM1992

Life__Goes__On said:

On your debit card raise a "Chargeback" against the transaction stating non-supply of service, (using proof of cancellation) also state that you have rejected any vouchers or credit that you are entitled to do under English law
Normally with a Chargeback the money is returned once it’s processed

Contiki  can dispute the Chargeback, but it must supply evidence to the card company.

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

fantastic thank you so much for your advice!

Life__Goes__On

No problem
Doubt anything will be quick as there will be many Chargebacks issue against travel agents who refuse to follow the legal rules.

ldutton

GM1992 said:

Hello everyone - hopefully a quick one!

We had a tour booked with Contiki which they have now cancelled. They're saying that our deposit in non refundable however and can only be used as future credit towards another trip, not eligible for a refund.

I've done some research on citizens advice and it appears to me that this would class as a package holiday (we booked a tour which includes accommodation and travel within the trip) and so we should be entitled to a refund as they themselves have cancelled the trip.

Having pushed this with them though, they are continuing to uphold that we are not entitled to a refund - does anyone have any advice/information on whether this is the case?

Thank you in advance!

Hi
I had the same problem but it turned out that Contiki changed their T&Cs near the start of the pandemic to add this clause. We booked in Nov 19 and the terms attached to our booking said we would get a full refund so worth checking your own. We pointed this out to Contiki and they changed their stance.

saying that, Contiki have told us they will pay us cash but it has been 3+ months since they cancelled and they still won’t give a timescale for doing so....

good luck!