Tourradar Asking Me to Withdraw Paypal Dispute Against Them Within 24 Hrs

Life__Goes__On

soxiez said:

Life__Goes__On said:

You have a package holiday under Package Travel and Linked Travel Arrangements 2018

 was
The reason they are panicking  and using threats is legally they should refund you in cash within 14 days 

Thank you - is this enforceable? I.e if for some reason I lose the Paypal cases, what is the next step to follow up on this? Early on into my claim I did some research into ATOL / IATA and ABTA protection etc. If you google these terms next to the company's name (Tourradar), the top result claims they are licensed with these associations. However it isn't obvious at all on their website which struck me as odd. I will make sure I mention this legislation to Paypal too, I wasn't aware it existed.

It's enforceable  but might take court action as a last resort, so Paypal might be the easiest way,  will try a do a rough draft of a letter you can submit to them with the threat.

penners324

Of course it's enforceable, it's the law.
Official complaint to PayPal if you lose, then Financial Ombudsman complaint.

soxiez

Life__Goes__On said:

soxiez said:

Life__Goes__On said:

You have a package holiday under Package Travel and Linked Travel Arrangements 2018

 was
The reason they are panicking  and using threats is legally they should refund you in cash within 14 days 

Thank you - is this enforceable? I.e if for some reason I lose the Paypal cases, what is the next step to follow up on this? Early on into my claim I did some research into ATOL / IATA and ABTA protection etc. If you google these terms next to the company's name (Tourradar), the top result claims they are licensed with these associations. However it isn't obvious at all on their website which struck me as odd. I will make sure I mention this legislation to Paypal too, I wasn't aware it existed.

It's enforceable  but might take court action as a last resort, so Paypal might be the easiest way,  will try a do a rough draft of a letter you can submit to them with the threat.

Fantastic - thank you so much. Yes I'm hoping obviously Paypal side with me and the case is closed in my favour but if not, I am absolutely willing to take this further. I presume they are hoping most people will back down at this stage.

soxiez

penners324 said:

Of course it's enforceable, it's the law.
Official complaint to PayPal if you lose, then Financial Ombudsman complaint.

Thank you! I've never had an issue that would require taking something like this further before (or a company so intent on ignoring their own t&c's..), so was unsure of the next steps. Appreciated   

Life__Goes__On

A rough draft no doubt you do make better and tidy it up.

I currently have two disputes on-going.

These are in relation to a Package holiday I paid for that isn’t going ahead due to Tourradar cancelling.

 

My trip involved transport, accommodation & tour guides, so falls into a package holiday under the

Package Travel and Linked Travel Arrangements 2018

 

Under the Package Travel and Linked Travel Arrangements 2018 I am entitled to a full cash refund within 14 days. This is Act of Parliament, that no companies’ terms & conditions can over-rule.

 

Below I have quoted both ABTA and Which? to use in evidence in my current dispute

I hope this evidence will be used for my claim and show that Tourradar has failed in their legal duty to refund me.

  

 

https://www.abta.com/tips-and-advice/is-my-holiday-protected/new-package-travel-regulations

Package Travel and Linked Travel Arrangements 2018

What is a package holiday?

A package holiday can come in many different forms and can be sold in different ways – from a ‘ready-made’ package (where the different travel services are put together for you by the travel company and offered at a single price) to many tailor-made trips (for example where you select different services from a range offered before paying for them together) – however they will all have the same level of financial and legal protection.

A package holiday is a combination of at least two different types of travel services, which are listed below: 

·         transport (such as a flight, coach or train but not transfers from an airport)

·         accommodation (such as a hotel, villa or apartment)

·         car rental 

·         a tourist service (such as a tour guide or a trip to a historical attraction) where this is a significant part of the holiday either because of its value or because it is an essential part of the trip.

 

https://www.which.co.uk/consumer-rights/advice/my-package-holiday-has-been-changed-or-cancelled

 

Package holiday problems

If your package holiday is cancelled or any part, such as the hotel, is changed significantly before you leave, you have the right to:

• a refund, with no cancellation fee
• accept an inferior quality substitute and get a refund for the price difference
• accept an equivalent or superior holiday without having to pay more.

soxiez

Life__Goes__On said:

A rough draft no doubt you do make better and tidy it up.

I currently have two disputes on-going.

These are in relation to a Package holiday I paid for that isn’t going ahead due to Tourradar cancelling.

 

My trip involved transport, accommodation & tour guides, so falls into a package holiday under the

Package Travel and Linked Travel Arrangements 2018

 

Under the Package Travel and Linked Travel Arrangements 2018 I am entitled to a full cash refund within 14 days. This is Act of Parliament, that no companies’ terms & conditions can over-rule.

 

Below I have quoted both ABTA and Which? to use in evidence in my current dispute

I hope this evidence will be used for my claim and show that Tourradar has failed in their legal duty to refund me.

  

 

https://www.abta.com/tips-and-advice/is-my-holiday-protected/new-package-travel-regulations

Package Travel and Linked Travel Arrangements 2018

What is a package holiday?

A package holiday can come in many different forms and can be sold in different ways – from a ‘ready-made’ package (where the different travel services are put together for you by the travel company and offered at a single price) to many tailor-made trips (for example where you select different services from a range offered before paying for them together) – however they will all have the same level of financial and legal protection.

A package holiday is a combination of at least two different types of travel services, which are listed below: 

·         transport (such as a flight, coach or train but not transfers from an airport)

·         accommodation (such as a hotel, villa or apartment)

·         car rental 

·         a tourist service (such as a tour guide or a trip to a historical attraction) where this is a significant part of the holiday either because of its value or because it is an essential part of the trip.

 

https://www.which.co.uk/consumer-rights/advice/my-package-holiday-has-been-changed-or-cancelled

 

Package holiday problems

If your package holiday is cancelled or any part, such as the hotel, is changed significantly before you leave, you have the right to:

• a refund, with no cancellation fee
• accept an inferior quality substitute and get a refund for the price difference
• accept an equivalent or superior holiday without having to pay more.

I cannot thank you enough, truly. Very clear, to the point and makes my rights very obvious. I presume that it applies as I am a UK citizen, regardless of the fact that Tourradar is based in Austria/Australia/Canada?

Life__Goes__On

Yes, it's English law,  they agree to it as as a condition of selling a package holiday to a person who is in the UK


 https://www.abta.com/tips-and-advice/is-my-holiday-protected/new-package-travel-regulations
These regulations apply to travel arrangements booked on or after 1 July 2018, and sold or offered for sale in the UK.

soxiez

Life__Goes__On said:

Yes, it's English law,  they agree to it as as a condition of selling a package holiday to a person who is in the UK


 https://www.abta.com/tips-and-advice/is-my-holiday-protected/new-package-travel-regulations
These regulations apply to travel arrangements booked on or after 1 July 2018, and sold or offered for sale in the UK.

Brilliant, thank you so much. I will update this thread with the outcome!

Life__Goes__On

Good luck with PP

soxiez

Life__Goes__On said:

Yes, it's English law,  they agree to it as as a condition of selling a package holiday to a person who is in the UK


 https://www.abta.com/tips-and-advice/is-my-holiday-protected/new-package-travel-regulations
These regulations apply to travel arrangements booked on or after 1 July 2018, and sold or offered for sale in the UK.

I've been in touch with Citizen's Advice and they've now told me this is not the case. It is apparently the laws of where the company I purchased from are based, not the consumer's. Which according to the t&cs in my booking, is Germany. I'm currently trying to find out if there's a German equivalent to this law, but thought I would let you know. I really hope they have something similar.