Travel Refund Help

JB613

Hi,
I've had a look through the boards but feel my situation is maybe a bit unique and seeking some advise or assistance in getting a refund for a booking to Bali.

I planned to take my wife to Bali in May 2020 for our 10th Wedding anniversary. We began booking things including flights back in Dec 19. This included 4 nights in Ubud at a Spa hotel.

As we all know, Covid hit and in late March our flights had been cancelled. I have long since been refunded for those (Travel Up - another Saga). In April and May I was in communication with the hotel and initially requested a refund. This was refused by they offered a voucher initially until the end of 2020 and then until the end of this year.

I wasn’t fully happy with accepting the voucher but did so primarily because they refused my refund request and partly because I retained some hope I would be able to give my wife this holiday (her dream destination). I know realise this was a bad decision and I would have been best of using other remedies to pursue the refund.

Now we are in September 2021, the voucher has 3 months left but the reality is the holiday will not happen. Bali is not currently open to international tourists, the UK lists Indonesia as a Red list country so the quarantine on return is prohibitive. Personally I’m not sure my wife and I would feel that comfortable travelling. We also have 2 children and the childcare provision that was in place for us to travel back when we were supposed to go is now unlikely. 

I have emailed the hotel again, explaining this and requesting a refund which I fully expect them to refuse.

My priority now is to try and seek a refund but I’m unsure how best to do it. I’ve had a look at Charge back. I know this has 120 day limit but for future dated good or services it’s from the date of the event. So would this be an option as this voucher entitles me up until the end of the year. Or would it be better to try a Sec 75 process as the purchase was made on a credit card?

I’m just a bit confused by it all especially as the voucher is still in date. Has anyone got any advice or been in a similar situation? 

bagand96

The credit card chargeback/Section 75 will only help if the hotel are in breach of contract.

What were the terms of your original booking? Was it non-refundable?  If so then offering the voucher was already more then they had to do.  You could have potentially looked a travel insurance claim at the time.

If the original booking was flexible/refundable then you should have pushed for a refund at the time, as you were entitled to one. By taking the voucher instead you may now be bound by the terms of the voucher.

[Deleted User]

Did you book the accommodation dire t? If so, you're bound by their terms.

Did they offer refunds for inability to travel / change of mind? It would be unusal, so the voucher was probably a good will gesture.

If so, using the voucher is your only option, or claiming on your travel insurance.

JB613

I did book the accommodation direct with the hotel via their website. I don’t recall seeing what their terms and conditions were. I have checked now and they state it’s non-refundable. I don’t know if that’s a post Covid amendment.

is there are time limit on travel insurance claims normally? And would the voucher issue prevent a claim? 

The voucher is a pdf which just has my name on it and what I booked.

Sandtree

JB613 said:

I did book the accommodation direct with the hotel via their website. I don’t recall seeing what their terms and conditions were. I have checked now and they state it’s non-refundable. I don’t know if that’s a post Covid amendment.

is there are time limit on travel insurance claims normally? And would the voucher issue prevent a claim? 

The voucher is a pdf which just has my name on it and what I booked.

You are requested to log the claims promptly however its only if the delay causes further losses or inhibits the ability to validate the claim are there any issues.

Many hotels give you a choice... book now pay nothing/a little and you can cancel up to X days before or book now, pay in full, its non-refundable but we give you a substantial discount on the rate. If you picked the cheapest rate they had for the package you wanted then there was a fair chance its non-refundable (esp if they took full payment in advance). 

If the hotel is open and operating then its not their fault you cannot get there and so they owe you nothing which means your credit card company owes you nothing. Your only real option is travel insurance but that may be frustrated at this point because you still have a valid voucher and the entry requirements may change during its validity period.

JB613

Thanks for the advice. It may not be what I wanted to hear but it’s good to have a better understanding of the situation.

I understand it’s no ones fault and part of me also felt at the time an obligation to accept the voucher because I felt bad about people in Bali and those businesses understanding that Covid would have a catastrophic impact on tourism and local people.

michael1234

JB613 said:

I did book the accommodation direct with the hotel via their website. I don’t recall seeing what their terms and conditions were. I have checked now and they state it’s non-refundable. I don’t know if that’s a post Covid amendment.

is there are time limit on travel insurance claims normally? And would the voucher issue prevent a claim? 

The voucher is a pdf which just has my name on it and what I booked.

And you are not necessarily bound by them as consumer legislation is very protective and will frequently over-ride.

You might get more legally focused advice (which is I think what you need) here: https://legalbeagles.info/forums/

eskbanker

michael1234 said:

JB613 said:

I did book the accommodation direct with the hotel via their website. I don’t recall seeing what their terms and conditions were. I have checked now and they state it’s non-refundable. I don’t know if that’s a post Covid amendment.

is there are time limit on travel insurance claims normally? And would the voucher issue prevent a claim? 

The voucher is a pdf which just has my name on it and what I booked.

And you are not necessarily bound by them as consumer legislation is very protective and will frequently over-ride.

You might get more legally focused advice (which is I think what you need) here: https://legalbeagles.info/forums/

UK consumer legislation is unlikely to offer much assistance for a booking made directly with a Balinese hotel and therefore presumably concluded under local law, unless it happens to be a chain headquartered elsewhere that centralises contracts....