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Thai Airways, Travel Up: One year on and still no refund. Any chance of claim on Travel Insurance?

Hatrick24
Hatrick24 Posts: 62 Forumite
Part of the Furniture 10 Posts Combo Breaker
edited 19 May at 4:56PM in Coronavirus Board
Like so many others, we had Thai Airways flights, booked through Travel Up for flying March 2020. Flights were cancelled by Thai Airways.
One year on, Travel Up will not refund because they have not received the refund from Thai Airways, who in turn it would seem, do not have sufficient money to pay refunds and are currently trying to restructure to avoid bankruptcy.

I tried a section 75 claim through our credit card, but this was refused, due to the fact we had booked via a travel agent.

As we have no idea if or when Thai Airways will be in a position to make refunds, do you think there is any possibility of success by making a claim on our travel insurance?

Grateful for any suggestions..
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Comments

  • Butts
    Butts Posts: 1,293 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Hatrick24 said:
    Like so many others, we had Thai Airways flights, booked through Travel Up for flying March 2020. Flights were cancelled by Thai Airways.
    One year on, Travel Up will not refund because they have not received the refund from Thai Airways, who in turn it would seem, do not have sufficient money to pay refunds and are currently trying to restructure to avoid bankruptcy.

    I tried a section 75 claim through our credit card, but this was refused, due to the fact we had booked via a travel agent.

    As we have no idea if or when Thai Airways will be in a position to make refunds, do you think there is any possibility of success by making a claim on our travel insurance?

    Grateful for any suggestions..
    Chargeback ? - but I suspect to late for what you should have done straight away when it became apparent the refund was not forthcoming.
  • sheramber
    sheramber Posts: 22,702 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Hatrick24 said:
    Like so many others, we had Thai Airways flights, booked through Travel Up for flying March 2020. Flights were cancelled by Thai Airways.
    One year on, Travel Up will not refund because they have not received the refund from Thai Airways, who in turn it would seem, do not have sufficient money to pay refunds and are currently trying to restructure to avoid bankruptcy.

    I tried a section 75 claim through our credit card, but this was refused, due to the fact we had booked via a travel agent.

    As we have no idea if or when Thai Airways will be in a position to make refunds, do you think there is any possibility of success by making a claim on our travel insurance?

    Grateful for any suggestions..
    Travel Insurance?
  • superbigal
    superbigal Posts: 622 Forumite
    Part of the Furniture 500 Posts
    Travel Up still have obligation to refund. Not your problem if Airline goes belly up.  Legal action.
  • Caz3121
    Caz3121 Posts: 15,841 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Probably best reading up on 

    4. OUR RESPONSIBILITY – FLIGHT ONLY & ACCOMMODATION ONLY

    https://www.travelup.com/en-gb/terms-and-conditions
  • Butts
    Butts Posts: 1,293 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Caz3121 said:
    Probably best reading up on 

    4. OUR RESPONSIBILITY – FLIGHT ONLY & ACCOMMODATION ONLY

    https://www.travelup.com/en-gb/terms-and-conditions
    That's not worth the paper it's written on.

    The mistake the OP made was using section 75 rather than a chargeback as soon as it became apparent the Flights had been cancelled.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Travel Up still have obligation to refund. Not your problem if Airline goes belly up.  Legal action.
    That's the purpose of travel insurance. Legal action would simply result in further monetary loss. 
  • eskbanker
    eskbanker Posts: 37,455 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Butts said:
    Caz3121 said:
    Probably best reading up on 

    4. OUR RESPONSIBILITY – FLIGHT ONLY & ACCOMMODATION ONLY

    https://www.travelup.com/en-gb/terms-and-conditions
    That's not worth the paper it's written on.
    Are you planning to elucidate?  Are you asserting that those terms don't apply, or that they're invalid, or something else, and, more importantly, what's the basis of your argument?  A vague blanket dismissal isn't particularly constructive (much like the repeated references to a method of redress long since unavailable to OP)....
  • Westin
    Westin Posts: 6,333 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Travel Up still have obligation to refund. Not your problem if Airline goes belly up.  Legal action.
    Incorrect I am afraid.
  • Butts
    Butts Posts: 1,293 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    eskbanker said:
    Butts said:
    Caz3121 said:
    Probably best reading up on 

    4. OUR RESPONSIBILITY – FLIGHT ONLY & ACCOMMODATION ONLY

    https://www.travelup.com/en-gb/terms-and-conditions
    That's not worth the paper it's written on.
    Are you planning to elucidate?  Are you asserting that those terms don't apply, or that they're invalid, or something else, and, more importantly, what's the basis of your argument?  A vague blanket dismissal isn't particularly constructive (much like the repeated references to a method of redress long since unavailable to OP)....
    Try reading section 17 where they are intimating a refund for Flight Only Bookings from them will only become forthcoming when they get it back from the provider in the event the Airline Cancels.
  • eskbanker
    eskbanker Posts: 37,455 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Butts said:
    eskbanker said:
    Butts said:
    Caz3121 said:
    Probably best reading up on 

    4. OUR RESPONSIBILITY – FLIGHT ONLY & ACCOMMODATION ONLY

    https://www.travelup.com/en-gb/terms-and-conditions
    That's not worth the paper it's written on.
    Are you planning to elucidate?  Are you asserting that those terms don't apply, or that they're invalid, or something else, and, more importantly, what's the basis of your argument?  A vague blanket dismissal isn't particularly constructive (much like the repeated references to a method of redress long since unavailable to OP)....
    Try reading section 17 where they are intimating a refund for Flight Only Bookings from them will only become forthcoming when they get it back from the provider in the event the Airline Cancels.
    And?  The use of intermediary agents such as this does compromise the remedies available to customers so there's unlikely to be any legal right to a 7-day refund (from the agent) for example, but OP is seeking practical advice so if you're trying to suggest that their terms are invalid or unenforceable then you should develop a properly joined up argument rather than dropping gnomic hints!
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