British Airways - No refund. Hotel would re-book but BA not paid hotel and BA Trousered the Cash

johnnygreenboots

Hi 
In January I booked a 3 night city break (flights & hotel) to Barcelona with BA, travelling on 14 March, returning on 17th March.
We were concerned about the growing Covid 19 outbreak, and attempted for days to contact BA, you just couldn't get through on the phone. I sent them an e-mail saying we wanted to cancel and had an automated reply from BA saying they could only take cancellations by phone, but you couldn't get through. 
We called the hotel direct on the 13th March, they said Spain had declared a state of emergency and we would be confined to our hotel. We said we would not be travelling, they kindly offered to move our booking to later in the year, which was great.
We did not travel, the FCO advised against all travel to Spain on 16th March, our return flight on 17th march was cancelled, but we didn't travel so it didn't affect us. 
Weeks later we contacted the hotel to re-arrange our hotel room for later in the year, the hotel said they couldn't do that, as the room had not been paid for. BA had not paid them. 
After several unsuccessful attempts to call BA , I applied for a refund voucher on-line. I received an on-line refusal.
It appears that BA have taken my money, not paid the hotel and just trouser-ed the cash.

I contacted Which magazine legal services who having looked at my case advised, advised under the the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTR”) that when we terminate the holiday due to unavoidable and extraordinary circumstances then as per regulation 12 you must provide a full refund of any payments made for the package. Further, as per regulation 14(3) of the PTR the refund should be made without undue delay".
A letter was sent to BA and I have an acknowledgement but no reply.
6 weeks later and I sent a further letter, nothing from BA. It appears they are just ignoring me.
Which legal services, suggested I make a charge-back on my visa Debit card. I contacted Barclays bank , who said that first I must have a letter of refusal from ATOL before they will make the Visa Debit charge-back. I contacted ATOL, because BA is still trading, I cannot claim and therefore they cannot issue a letter of refusal. A real catch 22 situation.

I had some sympathy for BA in the beginning which is why we did not initially make a claim and would have been happy to just re-book the Hotel for later in the year. But once we learned they had not paid the Hotel, that really just didn't seem fair.
It seems now as if BA are just ignoring my letters of complaint and Barclays is just giving me the runaround. 
I have lost my cash, the hotel didn't get paid, BA keep the money. 

johnnygreenboots

Update: REFUNDED
After several letters sent to head office, BA agreed to refund the money. The cash hit my account a few days ago, so all good. A customer services person from the holidays department sent me an e-mail saying she had looked into my case and would authorise a refund, which she did.
Fairs-fair, BA did refund, my faith in BA is restored and I will re-book the trip to the same place, same hotel with BA next year.
WHAT DID I LEARN: DON'T GIVE UP

harz99

johnnygreenboots said:

Update: REFUNDED
After several letters sent to head office, BA agreed to refund the money. The cash hit my account a few days ago, so all good. A customer services person from the holidays department sent me an e-mail saying she had looked into my case and would authorise a refund, which she did.
Fairs-fair, BA did refund, my faith in BA is restored and I will re-book the trip to the same place, same hotel with BA next year.
WHAT DID I LEARN: DON'T GIVE UP

I'm very glad you eventually got your refund, but no i don't consider the treatment and inconvenience you've had to get to that point to be anything like Fairs-fair. Have they given you a proper apology and/or a goodwill gesture as well, or just the refund which they are legally required to do anyway?