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Restaurant cancellation assistance please - £1300 due back

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windym_2
windym_2 Posts: 5,261 Forumite
Part of the Furniture 1,000 Posts Combo Breaker
edited 7 June 2020 at 3:31PM in Consumer rights
We booked a table for 4 at the Fat Duck during lockdown for late August.  It became apparent that lockdown and normal life would probably be more than the few weeks we first thought. The T&C say that you can cancel without penalty within 14 days.  We did this, filling out their email form and have a time stamped email showing we have done as required within the time.  

The cancellation was on 12 May and so far we haven't had a refund.  We paid by American Express.

Emails to the restaurant remain unanswered, the phone isn't answered and their social media do not reply.  I expected this in these circumstances.  But the amount of refund is considerable.  

Today I have read the Daily Telegraph where someone who was due to go in April (where the restaurant is cancelled) has not been refunded either.  Looking at the Trip Advisor reviews this now seems a common theme.

Therefore I think it is time to try to get my money back.  What is the best course of action?

Thanks in advance. 
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  • powerful_Rogue
    powerful_Rogue Posts: 8,344 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Contact American Express
  • kazwookie
    kazwookie Posts: 14,262 Forumite
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    Contact amex, and get payment put on hold
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  • windym_2
    windym_2 Posts: 5,261 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 7 June 2020 at 3:55PM
    Thank you, I thought that would be the best way forward - the payment cannot be put on hold as it was made some weeks ago, it has been paid but not refunded.  

    The Fat Duck sell the 'restaurant experience' as a 'journey'.  I didn't know if this would mean it fell under 'travel' rather than food.  Would this make any difference?

    To add, although this was booked and paid on the Fat Duck website the credit card payment shows Tock Fat Duck.  Google suggests Tock is a booking site like 'reserve a table'.  Does this make a difference?
  • sharpe106
    sharpe106 Posts: 3,558 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker

    Don't think it makes any difference how they sell it, any sensible person would say you booked a meal. How they take the payment does not matter if you paid by a credit card.


  • powerful_Rogue
    powerful_Rogue Posts: 8,344 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    windym_2 said:
    Thank you, I thought that would be the best way forward - the payment cannot be put on hold as it was made some weeks ago, it has been paid but not refunded.  

    The Fat Duck sell the 'restaurant experience' as a 'journey'.  I didn't know if this would mean it fell under 'travel' rather than food.  Would this make any difference?

    To add, although this was booked and paid on the Fat Duck website the credit card payment shows Tock Fat Duck.  Google suggests Tock is a booking site like 'reserve a table'.  Does this make a difference?

    I think you're overthinking it. You booked a a table, tried to cancel as per their T&C's, attempted to make contact but no joy. Just call Amex and explain that to them. Advise you want to initiate a Section 75 claim.
  • windym_2
    windym_2 Posts: 5,261 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    windym_2 said:
    Thank you, I thought that would be the best way forward - the payment cannot be put on hold as it was made some weeks ago, it has been paid but not refunded.  

    The Fat Duck sell the 'restaurant experience' as a 'journey'.  I didn't know if this would mean it fell under 'travel' rather than food.  Would this make any difference?

    To add, although this was booked and paid on the Fat Duck website the credit card payment shows Tock Fat Duck.  Google suggests Tock is a booking site like 'reserve a table'.  Does this make a difference?

    I think you're overthinking it. You booked a a table, tried to cancel as per their T&C's, attempted to make contact but no joy. Just call Amex and explain that to them. Advise you want to initiate a Section 75 claim.
    I think I am overthinking it, but I'm trying to be fair to the restaurant (hence the wait) and to ensure I go about things in the correct manner.  I don't want to jeopardise the outcome.  
  • powerful_Rogue
    powerful_Rogue Posts: 8,344 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    windym_2 said:
    windym_2 said:
    Thank you, I thought that would be the best way forward - the payment cannot be put on hold as it was made some weeks ago, it has been paid but not refunded.  

    The Fat Duck sell the 'restaurant experience' as a 'journey'.  I didn't know if this would mean it fell under 'travel' rather than food.  Would this make any difference?

    To add, although this was booked and paid on the Fat Duck website the credit card payment shows Tock Fat Duck.  Google suggests Tock is a booking site like 'reserve a table'.  Does this make a difference?

    I think you're overthinking it. You booked a a table, tried to cancel as per their T&C's, attempted to make contact but no joy. Just call Amex and explain that to them. Advise you want to initiate a Section 75 claim.
    I think I am overthinking it, but I'm trying to be fair to the restaurant (hence the wait) and to ensure I go about things in the correct manner.  I don't want to jeopardise the outcome.  
    From what you have said, you have done more then enough. Give Amex a call or check their webiste to see what their Section 75 process is.

  • windym_2
    windym_2 Posts: 5,261 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    windym_2 said:
    windym_2 said:
    Thank you, I thought that would be the best way forward - the payment cannot be put on hold as it was made some weeks ago, it has been paid but not refunded.  

    The Fat Duck sell the 'restaurant experience' as a 'journey'.  I didn't know if this would mean it fell under 'travel' rather than food.  Would this make any difference?

    To add, although this was booked and paid on the Fat Duck website the credit card payment shows Tock Fat Duck.  Google suggests Tock is a booking site like 'reserve a table'.  Does this make a difference?

    I think you're overthinking it. You booked a a table, tried to cancel as per their T&C's, attempted to make contact but no joy. Just call Amex and explain that to them. Advise you want to initiate a Section 75 claim.
    I think I am overthinking it, but I'm trying to be fair to the restaurant (hence the wait) and to ensure I go about things in the correct manner.  I don't want to jeopardise the outcome.  
    From what you have said, you have done more then enough. Give Amex a call or check their webiste to see what their Section 75 process is.

    I will get OH to do that tomorrow, it was paid on his card.  
  • Supersonos
    Supersonos Posts: 1,080 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Funny how companies never have any trouble taking your money.
  • eddddy
    eddddy Posts: 17,985 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 7 June 2020 at 6:39PM
    windym_2 said:
    To add, although this was booked and paid on the Fat Duck website the credit card payment shows Tock Fat Duck.  Google suggests Tock is a booking site like 'reserve a table'.  Does this make a difference?

    It might make a very big difference.

    I just tried making a reservation on the Fat Duck's website, it took me to Tock's website and required me to create an account with Tock and pay Tock.

    Tock's T&Cs are bit strange - it sounds like you're entering into a contract with Tock for the reservation, and another contract with Fat Duck for the meals.

    That makes Tock sound like an 'intermediary' between you an Fat Duck - like paypal. So if Fat Duck breach their contract with you, you can't claim under section 75.

    However, you should be able to try a 'chargeback' instead,
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