Carlton Leisure admin charge for refund

Giammy85

In January I booked a BA flight for June 6th via Skyscanner. BA cancelled the flight and Carlton Leisure contacted me to process a refund, but asking for a 100£ admin fee.

I contacted BA and was told that they could not find my booking, so I had to take it with CL directly as my contract was with CL they said.

I emailed CL asking for a full refund as per CMA guidelines. Their reply was that as per T&C 12-12.2 they charge an admin fee of 75£.

My review on TrustPilot was reported by CL one week ago, and since then TrustPilot as not contacted me yet to get my proof of purchase.

I requested a chargeback to TSB but they are asking to provide the Terms and Conditions given originally. I read that CL has challenged many people asking for a chargeback.

I found the old T&C here https://web.archive.org/web/20190308210525/https://www.carltonleisure.com/terms-conditions.aspx

but there is no difference in 12-12.2 with the present T&C. Obviously T&C leaves to interpretation.

What shall I do to get my full money back? Thanks

Giammy85

We understand from your message that you would like advice regarding getting a refund for a cancelled flight from Carlton Leisure.

Your legal rights:

Under common law, when you enter into a contract, both parties are bound by any terms and conditions that have formed part of any pre-contract negotiations. If carlton Leisure are unable to provide you with your holiday as per the contract due to the Covid19 restrictions then you are entitled to your full refund. Carlton Leisure are not allowed to charge an admin fee.

Your next steps:

Follow Carlton Leisure's complaints process. If they don't have a complaints process then email or write to them. Explain what the problem is, how you'd like them to sort it out and set a date for them to reply to you.

You can get help writing an email or letter by using the templates on our website: www.citizensadvice.org.uk/consumer/template-letters/letters

If you complain by email, send it with a read receipt. This tells you when the email was received and read.
If you use webchat, it's a good idea to save a transcript of the conversation.
If you complain by post, send the letter using a recorded delivery service. This lets you track the letter, and prove it was sent and received.

There's also a way you can solve disagreements without going to court - it's known as 'alternative dispute resolution'.
Ask Carlton Leisure if they're a member of an alternative dispute resolution scheme. This is also known as an 'ADR scheme'.
You must complain to carlton Leisure first, before you make a complaint to the ADR scheme.

The Competition and Markets Authority has asked businesses to behave responsibly and has said it’ll consider any evidence that companies might have broken competition or consumer protection law. Their everyday job is to make sure consumers get a good deal when they buy goods and services, and that businesses operate within the law.
We’ll record the information you have given us for Trading Standards and we also ask that you report the issue to the Competition and Markets Authority. You can call them on 0203 738 6000 or report it online https://www.gov.uk/government/organisations/competition-and-markets-authority 

They won’t contact you about your individual complaint but your information will help them build a better picture of how businesses are behaving.

What we'll do:

We will refer the information you have provided to Trading standards, there is no commitment for them to contact you directly, Trading Standards will only contact you if they deem it necessary. Whilst this does not help you resolve your dispute, it gives Trading Standards vital intelligence on how a trader is conducting their business.

Even if Trading Standards don’t contact you, they might use your evidence to take action in the future.

Kind regards,

Citizens Advice Consumer Service