Travel Agency refusing to refund package holiday - help!

JustTash

Hi,

We had booked a 3 week trip beginning in May that the travel agency had packaged up for us (they're an independent agency - part of major travel). We couldn't get hold of them leading up to the holiday until the day that we should have been leaving and hadn't been contacted once, not with e-tickets, nothing. Weren't replying to any emails and later found out it was because they weren't working (furloughed I imagine). Finally spoke on the phone to someone and the company were refusing to refund as they "didn't have the money" but then said they could get 85% of our money back (but wouldn't offer that as an actual option) and then insisted we go via our insurance as they weren't liable as it "states in their terms and conditions". It's been 2 months since I put in my insurance claim (we had to do two separate claims) and have had my claim refused (multiple times but this one was more final). Told the travel agency a week and a half ago and they sent my insurance details to their "head office" and have had nothing back. They are saying that their solicitors will write a letter to the insurance company and then we should have success on the claim (bearing in mind my parner has heard not one thing back about their claim so that will get refused in another couple of months).

I'm just frustrated now - technically the company didn't provide the goods that I had paid for as they didn't contact us to even tell us hotels and flights were cancelled (which we obviously knew) but we couldn't have gone if they were as we didn't have any travel documents or tickets. Do we wait a few more weeks to try to get one successful claim with this magical solicitors letter or do we stop being nice and try to once again demand our money back/take things further/do a visa chargeback. 

This is a tough time for everyone but we have both lost our jobs and it's a lot of money to be stressed about not getting back

Anyone got any wise words? 

tripled

Don't waste any more effort, do a chargeback (or S75 claim if you paid on a credit card) and let your bank deal with it. Your insurer won't want to pay out because you should be refunded.

lisyloo

Do you have any legal cover on your home insurance?

eskbanker

If the travel agency sold you a package then they're legally obliged to refund you under the Package Travel Regulations if it doesn't go ahead, which is obviously why insurers will be reluctant to step into the breach.  Likewise the insurers will expect you to seek recompense via your card company ahead of any claim on your travel insurance for otherwise unrecoverable losses, so as above go there next....

Mrsn

Please initiate a chargeback on your card ASAP.... you have been patient enough and you might find better luck with them rather than your insurers (and ask eskbanker says the insurance company will have expected you to do this anyway)

sheramber

I think they are stalling you because  they do not have the money to refund.
Did you get an ATOL certificate confirming this was a package holiday?

JustTash

Thanks, perhaps I should, oddly I just feel bad doing a chargeback as it isn’t a massive company... even though they’re withholding my money!

JustTash

sheramber said:

I think they are stalling you because  they do not have the money to refund.
Did you get an ATOL certificate confirming this was a package holiday?

That was what we were told back in May until he confusingly said they could get 85% of our money but they’re trying to avoid paying at all. Yep it’s ATOL protected. There were a lot of components to the trip and I’d imagine a lot hadn’t been charged for yet and BA flights and main hotel would have been refunded by now. Tricky!