Holiday cancelled, neither travel agent or insurance company will refund deposit?

Rossk

Hi,
Some background first.

I booked a holiday at the start of the year on the 27/2/20 to Miami from the UK. Part of the 2 week holiday was also suppose to be a cruise to several med islands. I was told in the travel agent when booking the ABTA holiday that coronavirus should not impede my decision booking this holiday as "things like this have happened in the past and nothing has come of it". So with that ease of mind from a manger I book it. Initial paying the deposit which covers the non refundable parts of the holiday like our hotels. Which amounted to £1110. Fast forward to 04/7/20 when the rest of the balance is due we got in touch with the travel agent displaying our concerns as the USA was advised against travel from the FCO. Also if we did go the cruise would not be able to dock at the designated ports and that's IF the cruise was even happening as they were cancelled up until a month prior to our holiday. Now the travel agent advised us to pay the remaining amount and if the cruise was cancelled we could get a full refund. However you can understand I was hesitant at paying the additional £2420 as cases were and still on the rise in Florida. So we eventually tell them to cancel the holiday with only the deposit paid for, three months prior from departure as we could only make a decision from the statistics at the time of final payment. I get in touch with my travel insurance company which I had paid prior to the cut off date for the coronavirus clause for insurance company's. I gave them all require documents on the holiday to submit a claim. A few weeks later the response is that they do not believe they are required to refund me the deposit as its the travel agents responsibility! Now that tells me that the insurance company believes I am due my refund regardless of it paying for non refundable parts of the holiday however just not from them. So I proceed to get in touch with the travel agent again requesting a refund, surprise they do not believe I am due a refund. I have been between each twice now neither taking responsibility? 

So here's my question.
Am I actually due a refund by law? Are they just dodging the responsibility? and if so who am I due it from? What action can I take for one of them to pay up?

Thanks for reading and responding.
Ross 

Thrugelmir

Rossk said:

Now the travel agent advised us to pay the remaining amount and if the cruise was cancelled we could get a full refund. 

You cancelled the holiday before doing so. Nor does holiday insurance cover for early voluntary cancellation. 

[Deleted User]

Rossk said:

So here's my question.
Am I actually due a refund by law? Are they just dodging the responsibility? and if so who am I due it from? What action can I take for one of them to pay up?

No, no, neither and none.

HummingBird76

No, you're due nothing, as per the comments above, because YOU cancelled the holiday.  If you had gone ahead and paid the full balance and the cruise was then cancelled, you would have been entitled to a refund.  This has happened to a lot of people (my parents included) but they made the decision not to pay the balance of their holiday when it became due (as they didn't want to go at that point, even if it was allowed) knowing that they would lose their deposit.  It sucks, but it was your choice to do it that way.

Westin

Not what you want to hear but I agree with the other posters.  No refund due on the deposit payment as you cancelled the holiday. 

I also would not read into this more than the travel insurer being dismissive of your claim "A few weeks later the response is that they do not believe they are required to refund me the deposit as its the travel agents responsibility! Now that tells me that the insurance company believes I am due my refund regardless of it paying for non refundable parts of the holiday however just not from them."   It is a round about way of saying, we are not paying up. Try your luck with the travel agent, but just go away.