PCR test refund rip-off

apt2021

Good morning to all. I wish I could reach out to Martin Lewis personally re to the following story. Nevertheless, I'm happy to explain my frustration in this email instead. 

 

In October 2020 I booked a holiday for my partner and I to Cyprus with Jet2 for November. I booked a certificated PCR test for both of us at the Vivo clinic, Leeds for 72 hours prior to the flight. The government put the country into lockdown so travel was illegal. Consequently jet2 cancelled the flight and fully refunded me. Great! I then rang the Vivo clinic and asked for a refund as the government had put the country into lockdown. I was told that they don't do refunds but gave me a credit note that I could use for PCR tests in the future or cosmetic treatment. My partner and I decided that we do not wish to travel while a PCR test is a  necessary requirement. I emailed a formal complaint to the clinic, once again asking for a refund. I didn't receive a reply at all, so after waiting for a reply for 8 weeks, I emailed the financial ombudsman. They replied very promptly explaining that they couldn't do anything as the clinic wasn't a financial institution, but did advise that I speak to someone from my bank. I followed their advice and the bank took the £298 back from the clinics bank and back into my account. However, the bank stated that the clinic may dispute the case and the money may be taken back from my account to theirs. After several weeks I received a letter from my bank stating that the clinic had disputed the case and so my bank approached Visa. Several weeks later the £298 was taken from my account and the bank said there was nothing more they could do as the clinic's terms and conditions explains that they don't do refunds. My dispute is that I wou;dn't have cancelled under the terms and conditions that apply, but it was a government national lockdown that caused me to have to cancel the PCR test. I now have a £298 credit note and do not wish to have any of the treatments they offer, or a PCR test. I think it's disgraceful that they won't refund my money because of T&Cs when the government put the country into lockdown. I'm emailing as I can only assume there countless customers of the Vivo Clinic, or other clinics, in the same rip-off type situation. Has anyone encountered a similar situation, or can anyone advise what else I could do, please?

 

[Deleted User]

They're correct in not refunding if that's in their terms, as they were able to provide the service. Their service isn't linked to a third party's ability to provide a flight.

The credit note is a better result than you would normally expect, so definitely take that.

Upsidedownandaround

It’s not a rip off for a company to stick to their terms and conditions you agreed to.

In October you would have been fully aware travel restrictions and lock downs were very fluid and there was the chance of another lockdown and you would have been fully aware if you read the terms and conditions for Vivo Clinic that in those circumstances they would not provide you with a refund.
You took the risk by pressing ahead with going abroad and as such you need to also take personal responsibility for your loss. 

Westin

Sorry but the clinic, financial ombudsman and your bank are right. 

Whilst you don't feel you should be responsible for the loss, neither the clinic or your bank should be out of pocket either.  

Booking a holiday during a pandemic with rules and regulations changing was always going to be a risk. There will not always be someone else to blame or to underwrite your decisions. 

The clinic offering you a credit was IMO a satisfactory gesture of goodwill.

sheramber

Do you have travel insurance that covers you for losses due to government restrictions on travel?

mattyprice4004

Why do you think you're entitled to a refund? You bought a service, they are willing to provide that service, the rest of it is irrelevant. 
You can kick and scream all you want, but you're asking for something you're simply not entitled to. 

samkma

OP Ignore all the above who mostly are keyboard warriors.

This is the law read this
https://www.gov.uk/government/news/coronavirus-covid-19-cancellation-and-refund-updates

NOTE:

Lockdown laws

These are pieces of legislation such as the various Health Protection Regulations across the UK. If contracts cannot go ahead because of lockdown laws then, for most consumer contracts, the CMA would expect a consumer to be offered a full refund.

JamoLew

 samkma said:

OP Ignore all the above who mostly are keyboard warriors.

This is the law read this
https://www.gov.uk/government/news/coronavirus-covid-19-cancellation-and-refund-updates

NOTE:

Lockdown laws

These are pieces of legislation such as the various Health Protection Regulations across the UK. If contracts cannot go ahead because of lockdown laws then, for most consumer contracts, the CMA would expect a consumer to be offered a full refund.

But the contract for the PCR tests COULD go ahead

samkma

JamoLew said:

 samkma said:

OP Ignore all the above who mostly are keyboard warriors.

This is the law read this
https://www.gov.uk/government/news/coronavirus-covid-19-cancellation-and-refund-updates

NOTE:

Lockdown laws

These are pieces of legislation such as the various Health Protection Regulations across the UK. If contracts cannot go ahead because of lockdown laws then, for most consumer contracts, the CMA would expect a consumer to be offered a full refund.

But the contract for the PCR tests COULD go ahead

CANNOT go ahead as it was purchased based on travel

k3lvc

samkma said:

JamoLew said:

 samkma said:

OP Ignore all the above who mostly are keyboard warriors.

This is the law read this
https://www.gov.uk/government/news/coronavirus-covid-19-cancellation-and-refund-updates

NOTE:

Lockdown laws

These are pieces of legislation such as the various Health Protection Regulations across the UK. If contracts cannot go ahead because of lockdown laws then, for most consumer contracts, the CMA would expect a consumer to be offered a full refund.

But the contract for the PCR tests COULD go ahead

CANNOT go ahead as it was purchased based on travel

Now you're just making things up - the PCR wasn't directly linked in any contractual way to a flight taking place nor conditional on it. Now maybe if it were booked via the airline things may be different.

Zinger549

The clinic were still able to provide the test. A negative PCR test can be used for other things not just travel