Credit card charge backs

Whm

We had a family holiday booked to South Africa in September 2020. Due to Covid 19, BA cancelled our flights (and gave us a full refund)  We had however booked flights in and out of a game reserve and had booked the game reserve itself. We contacted both the flight agency and the game reserve and we’re told that whilst the flights were non-refundable, the game reserve would offer 50% refund (on the total amount) 
We had heard that, if either we or the supplier were unable to access or provide the services due to Covid, then we could instigate a charge back on our credit card. This we duly did. Nat West (eventually) reimbursed us for the internal flights in full, however Amex said they had to abide by the game reserve’s policy and therefore we were not able to charge back. As we had already paid 50% of the booking as a deposit, we got nothing back. This is a bit confusing. Are Amex correct ? Should we challenge this (again) and does anyone know the relevant consumer law ? Thanks in advance. 

[Deleted User]

Yes, they're correct, unless the whole thing was booked as a package holiday.

The 50% is a good result though.

nilanteh

Also be careful. If those internal flights did actually fly and were not cancelled they could appeal that chargeback. There are lots of cases on here where people have received chargebacks incorrectly and the company has been able to claim the money back even after the deadlines have passed. If the flights were cancelled then you should be fine. 

Caz3121

Have you contacted your travel insurance re the losses? (not all policies would cover but worth a read of your policy)

bagand96

Chargebacks and/or Section 75 only protect you if there is a breach of contract or the supplier cannot fulfill the contract.

BA cancelled your flights so rightly refunded you.

It sounds like you internal South Africa flights were separate from the BA flights.  If those flights were non-refundable, and the flights operated then there has been no breach of contract, the airline provided what was paid for.

If the Game Reserve was open and available, then again there's no breach.  You can terminate the contract subject to any T&Cs you agreed to - which looks to be a 50% cancellation charge.

Whilst it's not your fault you cannot travel to South Africa to use the flights or the game reserve, it isn't their fault either.  Above advice is correct - the airline could appeal your chargeback and would be well within their rights to.  This would be a travel insurance claim if you had cover for Covid etc.

CKhalvashi

Everyone has acted appropriately here, there has been no breach of contract from the South African side and therefore no refund is due unless it is allowed in the contract. As the itinerary for this trip begins in South Africa, how you get there is not the problem of the airline.

If the airline challenges the chargeback, there will be little you can do about this. We are also now routinely reporting any such chargebacks as fraud to legal authorities and although the airline is unlikely to do so, they would be well within their rights to do this.

mattyprice4004

The service was available, you just couldn't get there - that's a 'you' problem and not a 'them' problem. 
No refund is due, so 50% is a good result 

Thrugelmir

Whm said:

 As we had already paid 50% of the booking as a deposit, we got nothing back. 

The games reserves policy is to charge a 50% cancellation fee. As you had only paid 50% of the total cost of the booking. Your deposit is lost under their terms and conditions of trade.