Barclaycard Reveresed my Section 75 Credit

Upsidedownandaround

It would not be in the interests of anyone having the staff dealing with S.75 claims wasting time talking to customers who think S.75 is a catch all clause for any loss of money a customer has experienced.

sheramber

It states "In particular, for most consumer contracts, the CMA would expect a consumer to be offered a full refund where a consumer is prevented from receiving any goods or services, because, for example, lockdown laws in the UK or abroad have made it illegal to receive or use the goods or services". 

 Only rules preventing the villa being  open and available are applicable to the villa owner.
If the villa was available then no refund is due.
That is is a standalone contract to supply the villa.
The fact that you could not travel  is totally separate unless booked as a package holiday.  
 

CKhalvashi

Rungunrossco said:

If you look at the Government Competition and Markets Authority website it is still saying regardless of a companies T&Cs you should be entitled to a refund. It states "In particular, for most consumer contracts, the CMA would expect a consumer to be offered a full refund where a consumer is prevented from receiving any goods or services, because, for example, lockdown laws in the UK or abroad have made it illegal to receive or use the goods or services". 

I have called them and requested they review the claim. Annoyingly Barclaycard have informed me the department that deal with these cases to not take calls or have a email address I can communicate with them which is utterly ridiculous 

A foreign villa owner is not under any obligation to follow advice (not legislation) from another country.

Rungunrossco

The accommodation was booked through a company based in the UK. Was not a package. Just accommodation. I think my claim might of been a charge back and not a S75. Was done nearly a year ago so do not fully recall. 

Upsidedownandaround

Rungunrossco said:

The accommodation was booked through a company based in the UK. Was not a package. Just accommodation. I think my claim might of been a charge back and not a S75. Was done nearly a year ago so do not fully recall. 

You are not entitled to a chargeback or S.75 then as there was no breach of contract.

Your credit card company is not liable for you not being able to get to the hotel.

bagand96

Rungunrossco said:

The accommodation was booked through a company based in the UK. Was not a package. Just accommodation. I think my claim might of been a charge back and not a S75. Was done nearly a year ago so do not fully recall. 

Whether it was a chargeback or Section 75 will probably not affect the outcome come here I'm afraid. 

Your contract was for a villa. The villa company could provide what you paid for so have fulfilled their contract with you. The flight cancellation and government restrictions are not their responsibility any more than they are yours. 

You may have been covered on travel insurance. 

The CMA have continued to publicise their opinion but I don't think it's yet been tested in court. You can complain to them, although they don't respond to individual consumer cases, they sometimes take action against particular companies if they consider there is an issue. 

Thrugelmir

If you only paid a deposit. Then contractual terms would result in this amount forfeited. You haven't completed your obligations under the contract. 

A_Lert

If it was not actually illegal for you to travel then I agree that you almost certainly have no right to a refund.

If it was illegal for you to go and stay in the villa, under any relevant law, and any force majeure clause in the contract does not cover the situation, and you booked before the coronavirus pandemic, then you might have a case to claim the contract was frustrated and therefore any money pay is repayable.

If the laws in Portugal at the time would have significantly affected your holiday, you might have a case to claim frustration of purpose. However the threshhold here is quite high. Prohibition from leaving the villa except for essential shopping might qualify. A few attractions shut would not. (You know the dates and can check the then-current laws in Portugal.)

But all that would probably be a matter for the small claims court. For which it then matters whether the contract is governed by English or Portugese law.

Rungunrossco

Thrugelmir said:

If you only paid a deposit. Then contractual terms would result in this amount forfeited. You haven't completed your obligations under the contract. 

Villa was paid in full about a week before the first cases in Europe were recorded. 

Rungunrossco

A_Lert said:

If it was not actually illegal for you to travel then I agree that you almost certainly have no right to a refund.

If it was illegal for you to go and stay in the villa, under any relevant law, and any force majeure clause in the contract does not cover the situation, and you booked before the coronavirus pandemic, then you might have a case to claim the contract was frustrated and therefore any money pay is repayable.

If the laws in Portugal at the time would have significantly affected your holiday, you might have a case to claim frustration of purpose. However the threshhold here is quite high. Prohibition from leaving the villa except for essential shopping might qualify. A few attractions shut would not. (You know the dates and can check the then-current laws in Portugal.)

But all that would probably be a matter for the small claims court. For which it then matters whether the contract is governed by English or Portugese law.

Villa was booked and fully paid for a week before the first cases were recorded in Italy.

Also like I mentioned in the earlier comments I was due to fly out in May when Spain and the UK were in lockdown and travel bans were in place. However like loads of the people have pointed out above regardless of this, as the villa was still standing and in a livable condition I have what appears no right to get my money back either directly through the company I booked the accommodation with or getting the credit card company to do it for me. Fortunately I had travel insurance when I booked but it means I will to go through the whole process again. I did initially go to set up a claim but on the form it said I should try and reclaim it through my credit company first. I also do not like the principle that the company I booked through have kept the money and offered absolutely no sympathy or any form of discount, vouchers or different dates. Would love to know if the actual owner of the property received 100% of the rental money.