US Airtours refund refusal - anyone else?

northantscharlie

We are currently in the process of filing a small claims court claim against US Airtours for refusing to refund us despite cancelling our holiday to Florida that should have been on 24th May. I would love to hear if anyone else has been through this process successfully with them, or been able to get a refund successfully. Their argument is as we moved our booking from 2020 it's a 'rebooking' and they don't refund rebookings (Package Travel Regulations say otherwise, and should be a refund). Unfortunately as we booked through a travel agent it's been the only time in our life we didn't use a credit card so can't do that route - we have enough regrets on this so please we don't need to be told again! We assumed we were protected through ABTA but they have been useless. I have found many posts online with people saying they are in a similar position but am yet to hear if people have been successful so if you have please let me know - the claim including court fees is just over £10,000 and we are worried as our money currently isn't protected if they fold, as they (against our wishes) have transfered it to a travel credit. Thanks.

eskbanker

northantscharlie said:

Their argument is as we moved our booking from 2020 it's a 'rebooking' and they don't refund rebookings (Package Travel Regulations say otherwise, and should be a refund).

How was the rebooking handled?  If it was literally a direct change of departure date then it would seem that you should have protection under the PTRs for a refund to the original payment method, but if there was an interim process involving credit or vouchers, that can then effectively be seen as the method of payment, then it's less clear, as a refund can legitimately be made to that interim method rather than the original one, or are they even refusing any sort of credit?

If you paid by debit card then chargeback may be an option?

northantscharlie

It was literally a change of date to 2021, same holiday, same details (oh and an additional £1800 to pay, and insistence on no refunds when we didn't want to initially, so we just had to pay it). 
Chargeback is tricky as we paid the travel agent so we would need to do the chargeback to them and they don't have the money from the company to pay it to us - if it all fails we will explore that as an option though (however do I remember there's a time limit with chargeback?)

northantscharlie

The thing is, I'm confident we have the law on our side. But it doesn't seem to make them budge and they've pushed the court process out another 14 days. So this is more for me to know if anyone has actually had success, as they seem to be ignoring the law!

Caz3121

what does your contract with the travel agent state in the terms and conditions regarding supplier cancellation?

northantscharlie

These are in their Ts and Cs:

Whilst a Tour Operator/Supplier will never have to cancel your holiday or chosen arrangements this may occasionally happen and they reserve the right to do so. 

​

Should it be necessary to cancel your holiday we/they will endeavour to offer alternative travel arrangements of equivalent or similar standards, together with a price refund if appropriate.

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We are bound by our suppliers Terms and Conditions in these circumstances.

Upsidedownandaround

northantscharlie said:

The thing is, I'm confident we have the law on our side. But it doesn't seem to make them budge and they've pushed the court process out another 14 days. So this is more for me to know if anyone has actually had success, as they seem to be ignoring the law!

It may be because they can't afford to refund the money in which case you may be throwing further money down the drain by going to court.

Have you looked at the company on companies house? It may give you an idea on whether they are likely to fold or not?

Personally I'd do a chargeback now if you think that's a potential route.

northantscharlie

Yes potentially. No I haven’t looked but will do, thanks. Chargeback would be against the travel agent not the operator though? It feels a bit of a grey area, plus then means them £10k out of pocket (I’d rather them than us but it feels extreme)