Package holiday refund not forthcoming

konni

We booked a package holiday in Aug 2020 for travel in May 2021. Following the latest government announcement, our destination was red-listed. The travel company initially said no refunds and offered a credit note which we declined. They later offered a partial refund topped up with a credit note. I was 99% sure we were entitled to a full refund, but they said no because we had agreed to these terms and conditions: 
"if you book a package holiday to a country on the list of those that are exempted from the advice against all but essential travel and the advice subsequently changes for the period that you are due to travel then you accept that 1. you may not be automatically entitled to a refund 2. the current Package Travel and Linked Travel Arrangements Regulations 2018 do not have a provision that entitles travellers to a refund within 14 days on the basis of government advice about travel to a specific regulation"
The travel company have suggested that we cancel our holiday and claim the amount through our insurance, but I am not prepared to do this as I feel it is their responsibility to refund us. Thoughts would be much appreciated please 

sheramber

Who is the travel company?

SevenOfNine

It was virtually impossible to pursue claims via insurance or even Section 75 at the height of the pandemic last year, credit card providers AND insurers started squealing, quoting the regulations & pushing people back to their package tour operator. We had 2 holidays cancelled as borders slammed shut, but the legal liability rested without question with the tour operator TUI (for package tours) with refunds to be paid within 14 days, though that wasn't actually happening for our first cancellation last May!

With hindsight it was understandable back then as chaos reigned, ABTA were USELESS, wrongly telling tour operators to issue vouchers & customers must accept, travellers panicked, tour operators in turmoil. Eventually all came good, refunds finally arrived, some people had accepted vouchers, their choice (though in the early days it was implimented as 'no choice', but many knew better & held out for their cash back).

Personally, I think you're standing on thin ice. Since last years unfortunate holiday pandemic chaos, tour operators have put clauses in to cover themselves, such as yours, & so have insurance providers. Leaving holidaymakers who took a chance on travel this year between something of a rock & a hard place, but it was your choice (sorry, that's not meant rudely).

Your operator has quoted the regulations that covered us on pre pandemic booked trips, but the clause they added that you signed up to overrides it. I'd be surprised if it wasn't watertight, they learnt from last year!

Personally I'd accept their offer, maybe see if you can push your booking back to later in the year. If the operator goes bust you'll have ABTA cover (but I'm not sure where you stand with them if you have a voucher - best check). 

eskbanker

konni said:

"if you book a package holiday to a country on the list of those that are exempted from the advice against all but essential travel and the advice subsequently changes for the period that you are due to travel then you accept that 1. you may not be automatically entitled to a refund 2. the current Package Travel and Linked Travel Arrangements Regulations 2018 do not have a provision that entitles travellers to a refund within 14 days on the basis of government advice about travel to a specific regulation"

The CMA disagrees, as per https://www.gov.uk/government/news/cma-warns-package-travel-firms-over-refunds-ahead-of-summer-trips

• if the FCDO (Foreign, Commonwealth and Development Office) is advising against travel to the package holiday destination when the consumer is due to leave, that is, in the CMA’s view, strong evidence that these unavoidable and extraordinary circumstances are likely to apply. If the consumer is refused a full refund, the package holiday company should fully explain why it disagrees that the holiday or travel is significantly affected.