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Persistent refusal to give a refund for a deposit paid in Sept 2019

anandp
Posts: 279 Forumite


We booked a holiday to Zanzibar (via Dubai) in September 2019, to be taken in August 2020. It was a package deal, with flights and hotels booked through a tour operator.
Throughout the past year and a half, we have continuously asked for a refund and been declined, with them stating their T&C's don't permit refunds. They have provided voucher and voucher, extending the validity but tying us into them.
We never paid the balance in June 2020 due to ongoing restrictions and then were given one final option - either
I've complained to the CMA but this has largely been noted, with no follow-ups planned by them.
I have an Amex chargeback option but am not sure the T&C's support a claim.
Travel insurance probably wouldn't work either given the flight actually did later depart.
I am almost certain that the operator has not incurred flight or hotel cancellation costs, but cannot of course prove this.
Does anyone have any advice on how a refund can be achieved?
Throughout the past year and a half, we have continuously asked for a refund and been declined, with them stating their T&C's don't permit refunds. They have provided voucher and voucher, extending the validity but tying us into them.
We never paid the balance in June 2020 due to ongoing restrictions and then were given one final option - either
- we release the flights/holiday and rebook at another time
- or pay the balance and risk it. If the flights go ahead, then we must go, and if not, then they would refund
I've complained to the CMA but this has largely been noted, with no follow-ups planned by them.
I have an Amex chargeback option but am not sure the T&C's support a claim.
Travel insurance probably wouldn't work either given the flight actually did later depart.
I am almost certain that the operator has not incurred flight or hotel cancellation costs, but cannot of course prove this.
Does anyone have any advice on how a refund can be achieved?
Interested in property investment, web tech, social media, forex, equities. Also a proud father & entrepreneur of sorts.
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Comments
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anandp said:We never paid the balance in June 2020 due to ongoing restrictions and then were given one final option - either
- we release the flights/holiday and rebook at another time
- or pay the balance and risk it. If the flights go ahead, then we must go, and if not, then they would refund
It's not obvious from your post why you believe you're actually entitled to a refund, especially if you started asking for one four months before scheduled departure date - chances are that if you'd kept up with payments then the holiday wouldn't have gone ahead, even if the flights were still operating (the Package Travel Regulations would have offered protection by virtue of its 'unavoidable and exceptional circumstances' provisions), and you'd have been entitled to your money back.anandp said:I am almost certain that the operator has not incurred flight or hotel cancellation costs, but cannot of course prove this.0 -
Unfortunately it sounds like you probably broke the contract by failing to make scheduled payments, which is likely to have been regarded as you cancelling, although option 1 effectively seems to be the company making a concession by allowing you to carry forward the deposit (plus any subsequent payments) to another booking? What do your booking terms say about not making payments, and the cancellation policy?
No not at all. There was simply the deposit payment, and then the balance - no further scheduled payments. When the balance became due, they gave us the two options I mentioned.
Interested in property investment, web tech, social media, forex, equities. Also a proud father & entrepreneur of sorts.0 -
anandp said:Unfortunately it sounds like you probably broke the contract by failing to make scheduled payments, which is likely to have been regarded as you cancelling, although option 1 effectively seems to be the company making a concession by allowing you to carry forward the deposit (plus any subsequent payments) to another booking? What do your booking terms say about not making payments, and the cancellation policy?
I can understand why you'd like that deposit back in cash, but can't see the legal/contractual grounds on which to try to make a case that they're obliged to comply, so if they're refusing then I can't see a basis on which to challenge that (unless you can make a case that their terms are unlawful)?0 -
Unfortunately I agree with eskbanker that you have no entitlement to a refund. You effectively cancelled your holiday in return for a voucher which they have provided to you.The best thing thing to do now may be to remain amicable with them so they continue the extension of the voucher to a time you can use it.1
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Upsidedownandaround said:Unfortunately I agree with eskbanker that you have no entitlement to a refund. You effectively cancelled your holiday in return for a voucher which they have provided to you.The best thing thing to do now may be to remain amicable with them so they continue the extension of the voucher to a time you can use it.
also agree. Perhaps not the answer you hoped for, sorry.1
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