What to de next regarding a refund for a cancelled holiday

pc99mk

Hi.

My wife and I booked a holiday to Madeira at the end of May. It was a package through Broadway Travel. It was over £1700.

We paid a deposit and then 3 installments all on credit card.

The holiday was cancelled due to the pandemic.

It took a while to get any contact from them, but eventually spoke to someone who asked whether we wanted a voucher or a refund. We asked for a refund. We were told that it would take 3 months. Although not happy we gave them the benefit of the doubt.

We received an email with a voucher shortly after this, despite asking for a refund.

After the 3 months I contacted them again and they phoned and confirmed it was taking longer but we could definitely get a full refund after 30th September.

So on the 30th September I contacted them again, asking for the refund. I was issued a new voucher and told I would be able to claim a full refund at a later date.

At this point I said we had waited long enough and would take things further.

I have not received a reply to this email.

I then contacted my credit card (Tesco) about a chargeback claim.

Three weeks later I get an email from Tesco Credit Card saying my dispute has been rejected, as they could find no evidence of breach of contract.

I'm not happy about the way they've handled things either, as the only option appears to be to raise another claim.

Just wondering where to go next? Any advice greatly appreciated.

Regards - Graham W

bradders1983

I assume you have an ATOL certificate saying it was a package? Dig it out, what is the exact wording in the bottom right (?)

pc99mk

Hi thanks for the quick response. I do have an ATOL certificate. The bottom right wording is:

Package
(Multi-contract)

JamoLew

Also who cancelled - you or the agent ?

pc99mk

They cancelled the holiday.

Westin

The credit voucher you received - was it called a Refund Credit Note?

pc99mk

Yes it was. Although I asked for a cash refund straight away they sent this anyway.

I do have a slight update as I phoned my credit card company and they apologised and said my claim shouldn't have been rejected and they have now asked for more information which I have provided. So maybe there is still hope.

I also contacted the Travel company again today for an update, and they've suggested requesting a refund after the 31st March 2021.

Westin

I wouldn't be too concerned that an RCN was issued after asking initially for a cash refund.  This was probably just an administrative way to account for the funds on the booking. The positive is that it is a RCN rather than some other type of holiday credit voucher.

I would have a read of the information on the ABTA website about RCNs - https://www.abta.com/news/coronavirus-outbreak

The important information regarding RCN's is that the tour operator should not now be withholding a refund on an RCN if the customer requests that a cash repayment is made.  

Have a read through the ABTA info and contact Broadway again (they are ABTA members) and perhaps reiterate you now want a cash refund on the RCN and are not accepting an extension of the RCN validity.  I would mention if confirmation of the refund is not forthcoming that you will contact ABTA.  ABTA can fine their members for breaches of association rules.

Refund Credit Notes (RCNs):

• A Refund Credit Note entitles customers to rebook a holiday at a future date or receive a cash refund up until the expiry date of the note. 
• The expiry date on an RCN lets you know when that company’s financial protection runs out. If you wish to receive a refund before the expiry date, you should make this clear to your travel provider. 
• An RCN retains the financial protection that came with the original booking – for a flight-package this is ATOL, for a non-flight package this is likely to be ABTA. 
• Holiday vouchers are NOT the same as Refund Credit Notes and do not come with financial protection of ATOL or ABTA.
• RCNs only cover package holiday bookings. 

Wiltonamf

Be careful accepting RCN's.
At the moment, any issued after 30 September 2020 are NOT protected.  CAA have not, as yet, extended the protection.  (Details of this on CAA website)

Wiltonamf

UPDATE - just today the CAA has announced they have extended ATOL protection to RCN's issued up until 31 December 2020.  (ATOL protected package holidays only.)

pc99mk

Hi guys.

Just thought I'd update this with with my experiences.

I just heard yesterday after chasing Tesco Bank that they can't or won't help. My travel date was 25th MAy and I needed to submit a chargeback claim within 120 days of this date. I was a week late, due to being too patient with Broadway Travel. Of course everything else has had deadlines extended but not this.

I was also tolda by them that Section 75 protection does not apply, as Covid is considered Force Majeure/Act of God.

I have no idea whether this is true. But I don't know where to go next.

I have contacted my local radio as they have a consumer rights show, hopefully they may be able to help.

At least it sounds like the voucher I have is still protected until the end of the year. But I don't have any plans to travel any time soon.

Thanks for the comments so far. And I sympathise with anyone else in a similar position.