Majorca Holiday and credit card chargeback

Steph.S

I booked accommodation in Majorca for 4 - 11 May 2020. Due to the coronavirus travel was not possible and as the company refused to refund I agreed to alternative dates 26 April 2021 - 3 May 2021.

The company, GRUPO MIGUEL CIFRE, contacted me on 5 March regarding the UK government's decision to restrict travel outside the UK. As I planned not to leave the UK for the foreseeable future I asked for a refund which they refused. I contacted the Halifax bank and after a long discussion it was decided that the company's email constituted a cancellation and a chargeback was raised.

Today I have been informed by the Halifax that the GRUPO MIGUEL CIFRE has challenged the claim. They tell me that as the accommodation was available on the dates chargeback rights are lost.

According to the UK government website, "You can only travel internationally from England where you have a reasonable excuse to leave the UK, such as work. International holidays are not permitted." Due to this law, I  was not allowed to leave the UK to travel to Majorca in April 2021. As this was clearly beyond my control, I think that this is a frustrated contract, in that the accommodation was physically available but due to UK law, I was prevented from travelling by the UK government. As I have paid the company money for accommodation I cannot stay in due to the above Act, I believe I am entitled to obtain a refund. Is there any advice anyone can give me or is my £585.45 lost?

Thank you
Stephanie Summers

[Deleted User]

It's lost as far as a refund goes, as the accommodation was available. 

This is one for your travel insurance.

Caz3121

it sounds like this was accommodation only rather than a package that included flights...is this correct?
If the accommodation was available but you could not use it because you could not get there then you should be directing your claim to your travel insurance company....assuming your policy will cover this.

CKhalvashi

A package doesn't need to (but typically does and there's nothing here to suggest if flights weren't booked there is a package) include flights.

As I see this with the information given, you've booked accommodation as a standalone service and have chosen not to use this, despite it being available for you. Assuming the service you purchased was at a non-refundable rate, you have no right to a refund.

eskbanker

Steph.S said:

According to the UK government website, "You can only travel internationally from England where you have a reasonable excuse to leave the UK, such as work. International holidays are not permitted." Due to this law, I  was not allowed to leave the UK to travel to Majorca in April 2021. As this was clearly beyond my control, I think that this is a frustrated contract, in that the accommodation was physically available but due to UK law, I was prevented from travelling by the UK government. As I have paid the company money for accommodation I cannot stay in due to the above Act, I believe I am entitled to obtain a refund. Is there any advice anyone can give me or is my £585.45 lost?

The arguments about frustrated contracts have been discussed extensively on this board, and the CMA's view is undoubtedly that such bookings ought to be refunded if made via companies within its jurisdiction, i.e. the UK.  However, your booking is through a Spanish company and so your rights are governed by Spanish law, so you'll need to ascertain what consumer protection legislation applies there....

superbigal

If you believe the frustrated contract argument then take them to court.
As others have said simply claiming of your Travel Insurance if covered is far more straight forward.

Westin

Deleted_User said:

It's lost as far as a refund goes, as the accommodation was available. 

This is one for your travel insurance.

Agree....

mattyprice4004

The government not allowing you to travel is not their problem - it’s your problem, and your loss to bear. 

They’re correct unfortunately. 

meishka

mattyprice4004 said:

The government not allowing you to travel is not their problem - it’s your problem, and your loss to bear. 

They’re correct unfortunately. 

Is this true Mattyprice? Only we have property in Spain, I have moved guests over twice now from last year. Spain will open up to UK apparentny from 1 June but the FCO may still say non essential travel? But I am within my rights to not refund?

soolin

meishka said:

mattyprice4004 said:

The government not allowing you to travel is not their problem - it’s your problem, and your loss to bear. 

They’re correct unfortunately. 

Is this true Mattyprice? Only we have property in Spain, I have moved guests over twice now from last year. Spain will open up to UK apparentny from 1 June but the FCO may still say non essential travel? But I am within my rights to not refund?

It would depend on your terms and conditions supplied at point of booking as well. If you offer refunds then you must continue to do that, if you state that payments received are not refundable then you do not have to refund as long as the property is available exactly as booked. For smaller lets sometimes goodwill is worth more than the refund, so you also need to keep that in mind. 

CKhalvashi

meishka said:

mattyprice4004 said:

The government not allowing you to travel is not their problem - it’s your problem, and your loss to bear. 

They’re correct unfortunately. 

Is this true Mattyprice? Only we have property in Spain, I have moved guests over twice now from last year. Spain will open up to UK apparentny from 1 June but the FCO may still say non essential travel? But I am within my rights to not refund?

Covid is not an excuse to break terms and conditions, but if the contract does not allow refunds, you are not duty-bound to offer one as long as you are not offering packages.

Moving guests, especially if they are regulars, is likely to be a more prudent business move though in the longer term.