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Advice needed please

An overnight hotel/museum trip to London in April 2020 was cancelled by the company due to Covid19. We were offered vouchers which we refused for a number of valid reasons. The company subsequently went bankrupt and so I claimed on my World Wide Annual Travel Insurance who rejected my claim saying as we were offered vouchers that would have been sufficient despite the Insurance company knowing that the Travel company had gone bankrupt. Following Martin's advice I then tried to claim from my Credit Card company who also rejected my claim stating that they found there was no Breach of Contract. Any advice as to what to do next would be greatly appreciated. Many thanks 
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Comments

  • Nebulous2
    Nebulous2 Posts: 5,501 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What did you try to claim from your credit card company? A chargeback would have been most straightforward. 

    I’d make an official complaint to your insurer, and if they don’t uphold it take them to the ombudsman. Vouchers from a bankrupt company don’t sound like a reasonable offer. 
  • MattMattMattUK
    MattMattMattUK Posts: 10,165 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    We were offered vouchers which we refused for a number of valid reasons. 
    Those reasons might be relevant, most people seem to think that their reasons are "valid", often on here we find that they are not.
    The company subsequently went bankrupt and so I claimed on my World Wide Annual Travel Insurance who rejected my claim saying as we were offered vouchers that would have been sufficient despite the Insurance company knowing that the Travel company had gone bankrupt.
    What were the actual grounds for their rejection? When does the policy run to, you may need to resubmit your claim, but perhaps using a different angle.

    As Nebulous asks above what did you try to claim via your credit card? If it was Breach of Contract that would indicate S75, there may have not been a breach of contract, unfortunately the window for Chargeback which is much simpler has expired.

    Who did you book with, the provider direct, an agent, what did the package include (accommodation, travel, tickets etc.) and was it classed as a package? Was the provider ABTA bonded?
  • sheramber
    sheramber Posts: 20,944 Forumite
    Tenth Anniversary 10,000 Posts I've been Money Tipped! Name Dropper
    Does your insurance cover  a 1 night stay? 
    Some require a 2 night stay for UK travel.
  • Nebulous2 said:
    What did you try to claim from your credit card company? A chargeback would have been most straightforward. 

    I’d make an official complaint to your insurer, and if they don’t uphold it take them to the ombudsman. Vouchers from a bankrupt company don’t sound like a reasonable offer. 
    That's exactly what I did and when I spoke with them on the phone, I was given the impression that it WOULD be straight forward. Their reply contained the following message :- 

    An update on your dispute

    Thank you for your patience whilst we’ve investigated your dispute.

    To work out whether we could help and progress your claim under either the Chargeback Scheme or Section 75 of The Consumer Credit Act 1974, we had to check the Merchant’s terms and conditions (including their cancellation policy).

    Based on the information you gave us, we couldn’t find a breach of contract. Unfortunately, this means we’re unable to progress this dispute on your behalf at this time.

    With regards to the Travel Insurance Company :- 

    I have escalated a complaint to the Ombudsman but it annoys me that no-one seems to want to take responsibility for giving me a refund.

    Thank you all for your help. 

  • eskbanker
    eskbanker Posts: 35,277 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sparkles11 said:
    it annoys me that no-one seems to want to take responsibility for giving me a refund
    The key thing here is for you to identify who is responsible, in order to focus your efforts in the right place and in the right way - posters on here should be able to help you do so if you answer the questions in earlier posts to flesh out exactly what you booked, etc.
    • We were offered vouchers which we refused for a number of valid reasons. 
      Those reasons might be relevant, most people seem to think that their reasons are "valid", often on here we find that they are not.
      The company subsequently went bankrupt and so I claimed on my World Wide Annual Travel Insurance who rejected my claim saying as we were offered vouchers that would have been sufficient despite the Insurance company knowing that the Travel company had gone bankrupt.
      What were the actual grounds for their rejection? When does the policy run to, you may need to resubmit your claim, but perhaps using a different angle.

      As Nebulous asks above what did you try to claim via your credit card? If it was Breach of Contract that would indicate S75, there may have not been a breach of contract, unfortunately the window for Chargeback which is much simpler has expired.
      Who did you book with, the provider direct, an agent, what did the package include (accommodation, travel, tickets etc.) and was it classed as a package? Was the provider ABTA bonded?
    • We specifically booked to see Tutankhamun whose exhibition was shortly coming to and end to be returned to Egypt for ever. 
    • After we booked and before it was cancelled my friend was made redundant and so we knew luxuries had to go out of the window. (Unfortunately she paid by direct debit  and had no travel insurance and so she resigned herself to having no refund). 
    • I also was waiting for a new hip op which I had in September and so for a number of reasons vouchers would nnot have been any use and then the travel firm went bankrupt. 
    • Re: Travel Insurance Claim: C1132490/DM

       We acknowledge receipt of your correspondence concerning your claim for cancellation and are very sorry to note the circumstances described. At this time, may we kindly refer you to the policy wording booklet, specifically page 20, Section A, which states, cover under cancellation is provided for the following:

      What you are covered for:

      If you have to cancel or cut short your trip because of one of the reasons listed below we will pay up to the amount shown in the table of benefits on page 5 for:

      • Travel and accommodation expenses that you have paid or have agreed to pay under a contract and which you cannot get back, including any local prepaid excursions, tours or activities, if it is necessary and you cannot avoid cancelling or cutting short your trip;

       Having reviewed your claim, we note that UK Breakaways offered you a voucher. As you were offered this option, whether accepted or not this is no longer deemed as a non-refundable cost and therefore not covered by your insurance. Unfortunately, in view of this, we are unable to accept liability for the claim on this occasion.We appreciate our response will not come as good news to you; however, we trust our position has been fully clarified.  If you feel that you have further information that you can provide us with, which may allow us to reconsider our position, please forward this to us by return.  We are very sorry that we are unable to assist you on this occasion. May we kindly advise that if you hold other insurance elsewhere, such as travel insurance through your bank account, you may be able to make your claim through them. Please contact us if you would like your documents returned for this purpose.

    • Yours sincerely,

      For and on behalf of

      Travel Claims Services 

    My World Wide,  Annual Travel Insurance expired in July of 2020 

    The company that we booked directly with were ukbreakaways.com It was a hotel and museum tickets package costing £148.95 each. We were offered Travel Insurance which we both declined as I already had cover and  my friend thought it unnecessary for one night only. 

    Thank you all again for your help. 
  • sheramber said:
    Does your insurance cover  a 1 night stay? 
    Some require a 2 night stay for UK travel.
    ukbreakaways.com offered us Travel Insurance which we declined and so I am assuming it's the norm and necessary even for one night?
    Thank you for your help :-) 
  • sheramber
    sheramber Posts: 20,944 Forumite
    Tenth Anniversary 10,000 Posts I've been Money Tipped! Name Dropper
    As the company have gone into administration your insurance would only cover you if the policy covered the travel company becoming insolvent.
    there is information here for claims from clients of the companies concerned.
    https://www.ey.com/en_uk/ey-slg-administration


  • Alan_Bowen
    Alan_Bowen Posts: 4,898 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The business is, or was, part of Shearings and all their overnight packages were protected one way or another. They were bonded through the Bonded Coach Holiday scheme and those who paid cash or direct debit are indeed protected so your friend needn't give up hope of a refund. Claims can be made here:
    http://www.submitaclaim.co.uk/shearings, they are advising those who paid by CC to make a section 75 claim, so you should be successful. It may be they are unaware the link to Shearings as they must have received thousands of claims in that name, so try again
  • Thank you everyone for your advice, much appreciated :-) 

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