First Choice refund of cancellation fee

Chloekinss

We were travelling to Kos with First Choice on 3rd June. After the government advice of all non-essential travel on 17th March, we decided to cancel our holiday (on 20th March) due to my husband having an underlying health condition.

First Choice finally refunded us however they took a cancellation fee of £600. They advised I would not get this back as I had chosen to cancel the holiday.

I have tried claiming this £600 on my travel insurance, however my insurer advised the package company should refund all costs as the FCO Statement not to travel was advised before I cancelled.

Does anyone know if First Choice can legally hold on to this cancellation fee or can I claim it back from them?

Any help/advice appreciated.

Thanks

bradders1983

FCO advice is merely advice, in hindsight you should have waited for TUI/FC to have cancelled the holiday themselves a few weeks later and there would have been no issue. But I suppose hindsight is a wonderful thing, I suppose you should get it back but by blinking first you wont help your case.

bagand96

Because you chose to cancel your holiday back in March, it would have been handled as a customer cancellation, and as such the Terms and Conditions for customer cancellation would have been used - which is loss of deposit (£600).

The fact that later on TUI cancelled the holiday, whilst unfortunate, is not really relevant as the contract was terminated by you on March 20th.

Insurance may have been an option, and many policies do cover you for FCO advice, but there's usually a timescale placed on that in relation to departure date (i.e. 14 days or 28 days before travel).  Using FCO advice in March for a departure in June is very early.

SevenOfNine

Yes, their T&Cs do allow them to keep your deposit. 

When the FCO advice was put there, no-one knew when it would be lifted, advice back then was to carry on making holiday payments (if you hadn't already paid in full), otherwise you'd be classed as "disinclination to travel", & to WAIT for the travel operator to cancel, then you'd be legally entitled to a full refund within 14 days (for package hols).

Though the waters were somewhat 'muddy' back then, some of those with underlying health issues panicked & cancelled, some accepted travel vouchers  or amendments they weren't obliged to accept etc. It took a little while for passengers to understand their rights & then make suitable choices.

I'm afraid there were 2 options open to you, WAIT, it wasn't long before it became clear it would be some months before anyone was going anywhere - foreign borders were being closed left, right & centre, therefore your trip was a certainty to be cancelled by First Choice/TUI & you'd get your full refund,  or WAIT, until you were within the timescale set by your insurer (mine is from 28 days before departure date) so you could self cancel due to FCO advice & get your lost deposit back from the insurer.

Personally, I'd give a formal complaint to First Choice a try, if nothing else it's a bit of a pain for them. Google will help you find info, but don't settle for 'no' in the call centre, insist on pursuing the written process & request details of how, they are obliged to give it.........BUT, don't hold your breath! Sorry.  FC/TUI have merely applied their T&Cs & you've learnt a hard lesson, but you never know unless you try, they may capitulate.  Good luck.