Topsun.co.uk refusing to provide refund for Cancelled Booking by Topsun

donaghom

I booked a holiday with Topsun.co.uk and paid a deposit of 358eur. After several emails back and forth Topsun.co.uk are refusing to provide a refund and instead saying they will only provide a voucher for hte . See below for the Email from Topsun. They are stating that "English Law requires refunds for cancelled bookings unless the tour operator has made advance payments connected to your booking"

Is this correct?

Thanks

Email from Topsun.co.uk

CREDIT NOTES / REFUNDS 

If your booking  is  cancelled  due to the COVID emergency TOPSUN will issue credit note equal to the amount we have received. This can be used for a holiday in 2020 or 2021.  TOPSUN  has  not  and does not expect to receive any refunds for our payments for accommodation contracts in France. These costs have already been incurred and can not be recovered. There is a Presidential decree issued in France requiring credit notes and not refunds to be used for COVID related cancellations.  TOPSUN will issue credit notes in line with the decree. 

I have read that I am entitled to a refund. Why are you not refunding me?

Your contract with TopSun is covered by English Law. TopSun contract with French campsites are covered by French Law.  French Law requires credit notes to be issued for periods when reservations are cancelled. Refunds have not been issued.  English Law requires refunds for cancelled bookings unless the tour operator has made advance payments connected to your booking.  TopSun has made advance payments which are not refunded. We are following Presidential decrees  to offer credit notes and not refunds.  We value our strong client base of repeat customers, and this position is in line with the travel plans of many with dates already committed for later in the season in 2020 or into 2021.  

INSURANCE

As you will be aware, as part of our T&Cs, you must have your own travel insurance as part of your booking requirements, and we would recommend that you keep in contact with your insurer during this period, and when making any decisions.

Alan_Bowen

Yet another conflict of laws issue. No, the English version of the Package Travel Regulations ( and whether that applies depends on what you have booked, if its accommodation only then the law does not apply) makes it clear that a full refund is due, irrespective of whether the supplier, in this case Topsun, has been able to recover the money or not. 

donaghom

Thanks Alan.

We have booked only Accomodation only so I assume that we are due a full refund in this case.

Alan_Bowen

Accommodation only bookings are not protected, it depends on what the contractual terms are that you agreed to. Looking at the conditions, they are totally silent on what happens if they are forced to cancel bookings but who cancelled the booking? If it was you, then their usual cancellation charges would apply

donaghom

Alan_Bowen said:

Accommodation only bookings are not protected, it depends on what the contractual terms are that you agreed to. Looking at the conditions, they are totally silent on what happens if they are forced to cancel bookings but who cancelled the booking? If it was you, then their usual cancellation charges would apply

Topsun cancelled the booking but to be honest all I see on their website is the following:

"HOLIDAY PROTECTION: Top Sun complies with the European Union package travel directive to protect your holiday. Client monies are kept in a trust fund until you return from your trip. Only then does TOP SUN LTD have access to your money."