Chargeback help

foofi22

Hi
Background
I booked a "package" holiday through lastminute in January for travel to Italy in May.

At the time of travel the flights were cancelled and the hotel was closed. LM refunded the flight cost as cash. 

However we weren't going to be refunded for the hotel part of the package - it turns out that despite booking both at the same time, there were processed two separate transactions. One to LM for the flights and one directly with the hotel.

The hotel offered us vouchers, which I have not accepted (or even received). 

I then started a chargeback through my credit card provider (Halifax Clarity) with the two arguments for the dispute being:
1 - we believed we had booked a package holiday through LM.  The cancellation terms sent to us are at the bottom of this post
2 - the hotel was closed for the duration of our booking

The transaction was reversed (or whatever the correct term is), however right at the end of the 45-day period the retailer has reversed the reversal (or charged us again)

Halifax are now asking me to provide "comments as to why you are still disputing the amount" and "proof of declined voucher"

Question

Firstly, am I being reasonable? Secondly, I know I should ask Halifax, any suggestion how I prove declining the voucher?

Also, given the hotel was closed, presumably a Section 75 claim would be successful?

Cancellation conditions

Here you'll find all the information regarding the cancellation costs for your package. Please note that you cannot cancel individual parts of your booking - you may only cancel the entire booking.

[Deleted User]

Do you have an ATOL certificate stating package holiday. If so take a copy and forward it to Last Minute as they should be the ones refunding you.   If they don’t respond i would gather as much info as I could as proof you have tried to claim from LM and instigate a section 75 (if you paid by credit card obviously)

if you do not have the ATOL certificate, you should still be eligible for a refund from the hotel and if they refuse you can let them know you will be instigating a section 75 - if you are eligible to do so.  

If you didn’t pay by credit card, And you don’t have an ATOL certificate stating package,   The voucher might be as good as it gets without taking legal action which won’t be an easy or cheap process for a hotel in Italy

foofi22

The ATOL certificate states "Package (Multi-Contract)".

I doubt I'd have much luck with LM as they are nigh on non-contactable and the payment was directly with the hotel.  I guess that's the  way LM do it?  This is the first and last time I use LM, after years of TUI and Jet2!

I did pay by credit card and raised a dispute.  This has so far been a chargeback, I'm not sure how to escalate to a Section 75 claim.  I presume the bank would rather not as it would cost them money?

nilanteh

I had same thing. The supplier disputed the chargeback in the 45 days. I was asked to supply more evidence. My credit card company then went back and raised the dispute again. This time they didn’t respond and I now have my money back. As you have an ATOL certificate that proves it was a package so send that to the credit card company as proof you should have been refunded the full amount. Also you say you rejected a voucher. Do you have an email that proves that? They just need to see that you were offered the voucher but you rejected it and requested a cash refund. 

foofi22

Thanks, no I haven't specifically rejected the voucher, I've only asked for a cash refund.  When asked for my email address (to send the voucher to) I didn't supply it - I kind of thought that would confirm my rejection!