What legal recourse do I have now?

lcc86

I'll summarise the issue I have as succinctly as I can:

Flight booked through gotogate in Jan 2020 to go to Iceland in June to do a horse riding tour. Cancelled in April.

Was provided the option of a refund or voucher. As I planned to reschedule my trip I thought a voucher made most sense. I accepted a voucher with terms stating it would be valid for travel until end of 2021 and have this in writing.

Voucher didn't arrive. I initiated a chargeback which went through but was then reversed as gotogate did then send the voucher (fair enough).

However the voucher says I must book and fly by 2nd Jan 2021. I contacted them to say these were not the terms I agreed to. The tour doesn't operate in winter for obvious reasons so the voucher is no good. I asked them to honour the original terms, they have repeatedly refused. They give no reason or apology for the change in terms.

I asked my credit card company if they could help but they have declined, saying the flight is still available. Not sure if I can appeal this? I asked my insurer if they can help but they say that I have technically been compensated although they recognise these weren't the terms I accepted. I would never have accepted a voucher if the terms were that I had to fly by 2nd Jan 2021.

Gotogate is not a member of ATOL or ABTA. They are based in the EU so can I go through the European Small Claims procedure to try and get my money back rather than the UK small claims procedure? 

I know I accepted the voucher but I did so in good faith in respect of the terms I was accepting and do not think it is acceptable that a company can change the terms and offer no alternative. I know I may not get my money back but am willing to give it a shot as they shouldn't be allowed to get away with treating people in this way (and yes, lesson learned about booking directly with the airline now! Have used gotogate before with no issues but obviously never will again).

CKhalvashi

You were offered a voucher, you have accepted a voucher. The only issue is the date here.

With regards to the voucher, the matter has therefore been dealt with and you have no right to a refund. There is no legal recourse against you asking a company for a voucher and the company making the relevant contractual amendment.

That said, the expiry date is naturally an issue. If this ended up in court (and as you say, you have this in writing), the only success you will reasonably have will be to get the voucher date extended. It is worth taking this up with Gotogate once more before you do this.

If not, Section 75 may be useful in this case, however all you will have a right to is that amount of money to spend with Gotogate before the end of next year.

lcc86

CKhalvashi said:

You were offered a voucher, you have accepted a voucher. The only issue is the date here.

With regards to the voucher, the matter has therefore been dealt with and you have no right to a refund. There is no legal recourse against you asking a company for a voucher and the company making the relevant contractual amendment.

That said, the expiry date is naturally an issue. If this ended up in court (and as you say, you have this in writing), the only success you will reasonably have will be to get the voucher date extended. It is worth taking this up with Gotogate once more before you do this.

If not, Section 75 may be useful in this case, however all you will have a right to is that amount of money to spend with Gotogate before the end of next year.

Thanks for your response. Gotogate are adamant they won't change the date or honour the original terms, most recently yesterday I spoke to two different people who confirmed as such. I do understand that I've been compensated but just feel it's unfair that they can change the expiry date on the voucher, I can't think of any other service or purchase where this would be okay. I will explore the EU small claims process and just see what happens I think, if the outcome was an extension to the voucher that would be fine as I still plan on making the trip next summer.

CKhalvashi

lcc86 said:

CKhalvashi said:

You were offered a voucher, you have accepted a voucher. The only issue is the date here.

With regards to the voucher, the matter has therefore been dealt with and you have no right to a refund. There is no legal recourse against you asking a company for a voucher and the company making the relevant contractual amendment.

That said, the expiry date is naturally an issue. If this ended up in court (and as you say, you have this in writing), the only success you will reasonably have will be to get the voucher date extended. It is worth taking this up with Gotogate once more before you do this.

If not, Section 75 may be useful in this case, however all you will have a right to is that amount of money to spend with Gotogate before the end of next year.

Thanks for your response. Gotogate are adamant they won't change the date or honour the original terms, most recently yesterday I spoke to two different people who confirmed as such. I do understand that I've been compensated but just feel it's unfair that they can change the expiry date on the voucher, I can't think of any other service or purchase where this would be okay. I will explore the EU small claims process and just see what happens I think, if the outcome was an extension to the voucher that would be fine as I still plan on making the trip next summer.

In this case, it may be worth speaking with the credit card company and explaining this first, especially if you're looking at more than £100. Not holding out for cash may help.

Technically, you could request a refund under the situation that the original terms you agreed to have not been honoured, however I have to say that you're more likely to get somewhere by going down the voucher extension route, especially if you intend to use the service at another time in the contractual period. This is likely about making your life easier and not letting the company get away with this.

If this fails (because it is free, so worth trying first), then will be the time for court action. If you fit the S75 terms, remember to name the card company as a co-defendant in the case, as this means you have UK-based company to go after in this situation and they are jointly liable. Make the card company aware that you are planning to do this before, as again it may make court action unnecessary.

If you need any further help, please do come back.

lcc86

Thanks for your help, will update if I get anywhere!