Travel agent refused to cancel, Insurance refused to refund, Credit card refused chargeback

NJane_2

In October 2019 I booked a trip to South East Asia, due to depart on 17th March 2020.  On 14th March Government issued advice against all non-essential travel.  Vietnam and Cambodia borders had already been closed. Travel Agent refused to cancel the trip, said they were still able to offer all services and it wasn't their problem that I couldn't enter the countries on their tour.
As cancellation due to FCO advice is included in my insurance policy, I contact Nationwide's travel insurance company. They took 12 weeks to let me know they refused to pay out on my trip,  because the travel agent had offered to postpone the trip. Note, they have not offered a voucher, I needed to give them a specific date and pay them £250 to rebook. Insurance said they would consider a contribution to this fee but recommended I contact my credit card company to request refund. 
Contacted Nationwide credit card, who took another 12 weeks to refuse Visa chargeback because 'cancellations less than 7 days are charged 100%'.  I said I hadn't cancelled the trip, the FCO had advised again all non-essential travel. The Customer Service Advisor told me it was 'just advice', I could've still gone, so it's not up to them to provided a refund.  Can you imagine what I thought !!!
I have been referred to Section 75 department but Nationwide chargeback team have absolutely no idea when Section 75 will be able to deal with my case.  I'm hoping that they will agree under their terms:
1) You have not received the goods or services that you purchased from the supplier
Any advice?  Anyone in a similar situation?

Upsidedownandaround

Can’t see you getting anything back from your credit card as the travel agent didn’t breach the contract in anyway by the sounds of it.

I think all you can really do is escalate it with your insurer by making a complaint. You are under a duty to limit your losses however I wouldn’t expect that to necessarily apply when you have to pay to limit those losses.

macman

Nationwide CSA are correct. FCO advice is just that (advisory), so if you yourself cancelled the booking (which isn't clear from your post), then you have no valid claim.
You don't explain whether this was a package booking, with ATOL protection, and if the flights operated, accommodation was available, etc? Check your contract.
If the accom was available and you booked this separately, then the provider is not liable if you were unable to enter the country-that is not their responsibility.

Westin

I’d agree, I don’t see a S75 claim as being valid.

For what it is worth and providing the travel insurance policy purchased covered cancellation following a FCO travel advisory or entry restrictions in place at your destination, I think this is a valid travel insurance claim.

missile

NJane_2 said:

 Anyone in a similar situation?

Yes. I made a chargeback and insurance claim with NW. I made a complaint which they rejected. I have complained to the Ombudsman and await their response.

blindman

Westin said:

I’d agree, I don’t see a S75 claim as being valid.

For what it is worth and providing the travel insurance policy purchased covered cancellation following a FCO travel advisory or entry restrictions in place at your destination, I think this is a valid travel insurance claim.

The problem as I see it from the OP is that the Travel agent offered to postpone the trip, so the Op has not lost money and NW offered to pay the cost of this postponement.

The Op has not said why they could not postpone or what the time frame was from the Travel Agent.

If it is for 2021 then the OP should postpone IMHO, claim the £250 from Nwide and hope the trip goes ahead.

NJane_2

missile said:

NJane_2 said:

 Anyone in a similar situation?

Yes. I made a chargeback and insurance claim with NW. I made a complaint which they rejected. I have complained to the Ombudsman and await their response.

I’d love to hear how you get on with the Ombudsman. 

NJane_2

macman said:

Nationwide CSA are correct. FCO advice is just that (advisory), so if you yourself cancelled the booking (which isn't clear from your post), then you have no valid claim.
You don't explain whether this was a package booking, with ATOL protection, and if the flights operated, accommodation was available, etc? Check your contract.
If the accom was available and you booked this separately, then the provider is not liable if you were unable to enter the country-that is not their responsibility.

This was a package booking, with ATOL, at a cost of £1700.  Surely ATOL is irrelevant as that only covers if the company goes bust?
The package itself included flights, accommodation, transport, tours and tour guide. The Travel Agent insists that they were able to deliver the services but how can I possibly prove otherwise? Vietnam closed its borders prior to the expected departure date and, as far as I could tell at the time, was in lockdown. Thailand and Cambodia followed shortly after, which was during the time I was due to be there. 
I didn’t ‘cancel’ the booking because it was quite clear that as it was ‘non-essential travel’ I shouldn’t be travelling and my insurance would no longer cover me if I went.
I checked my insurance cover prior to the expected departure date, to make sure that it included cover if FCO advised only essential travel, so I thought I would be ok. But as the travel agent offered to postpone, insurance will not refund. Of course, at the time I was due to depart, 17th March, all insurance and credit card companies were inundated with calls, so I was unable to get advice from anyone. And although I did log my claim on 16th March, it was ‘lost’ in the system!
The travel agent originally wanted me to rebook for September, but I was/am unable to travel then due to work commitments. I need to take over 2 weeks off work.
It’s looking like I won’t be able to get a refund from any organisation and will now have to check if my travel insurance will cover a postponed trip!
It just seems so very unfair when I have made sure all the correct policies were in place and I’ve paid by secure methods, that I am unable to get a refund when I took government advice not to travel. 

blindman

NJane_2 said:

macman said:

Nationwide CSA are correct. FCO advice is just that (advisory), so if you yourself cancelled the booking (which isn't clear from your post), then you have no valid claim.
You don't explain whether this was a package booking, with ATOL protection, and if the flights operated, accommodation was available, etc? Check your contract.
If the accom was available and you booked this separately, then the provider is not liable if you were unable to enter the country-that is not their responsibility.

The package itself included flights, accommodation, transport, tours and tour guide. The Travel Agent insists that they were able to deliver the services but how can I possibly prove otherwise? Vietnam closed its borders prior to the expected departure date and, as far as I could tell at the time, was in lockdown. Thailand and Cambodia followed shortly after, which was during the time I was due to be there. 
I didn’t ‘cancel’ the booking because it was quite clear that as it was ‘non-essential travel’ I shouldn’t be travelling and my insurance would no longer cover me if I went.
. But as the travel agent offered to postpone, insurance will not refund. O
The travel agent originally wanted me to rebook for September, but I was/am unable to travel then due to work commitments. I need to take over 2 weeks off work.

So get back to the TA and rebook for next year.

fifeken

Can't help with your dilemma, but the dates you are using are a bit iffy.  The FCO advice against all but essential travel was issued on the 17th March and Vietnam closed it's borders on 22nd March, which means you could have been there, with all that would entail.  I re-scheduled and re-routed travel to South East Asia at the same time to try and avoid these and other local restrictions.

https://www.gov.uk/government/news/travel-advice-foreign-secreatary-statement-17-march-2020

https://www.vietnam-briefing.com/news/covid-19-vietnam-travel-updates-restrictions.html/