Help getting travel refund from an Australian your company

caitmarks

I booked a holiday tour via an Australian company called Wild Kiwi to Australia on 1  March 2020 before the pandemic. We were due to go on 26th April 2020, however this was cancelled by the company due to corona virus. They refused to refund and offered me credit vouchers on 29 March 2020 to be used by April 2022. 

Australia has been in an extended lock down meaning the credit vouchers can’t be used and the company has gone into ‘hibernation’, Wild Kiwi are still refusing a refund and has informed me they won’t be able to re-evaluate their travel credit policy until June 2022. This date is after the credit vouchers expire and such a trip is no longer feasible. 

I have already contacted my insurance and they have referred me back to Wild Kiwi to request a refund. This is now nearly two years on and I’m still no closer to gaining a refund. 

The Austrian company doesn’t fall under the UK rules - what is my position in gaining a refund? 

Has anyone been in a similar position, any advice on my next steps and where can I go for help?

eskbanker

caitmarks said:

I have already contacted my insurance and they have referred me back to Wild Kiwi to request a refund. This is now nearly two years on and I’m still no closer to gaining a refund. 

The Austrian company doesn’t fall under the UK rules - what is my position in gaining a refund? 

Has anyone been in a similar position, any advice on my next steps and where can I go for help?

https://www.wildkiwi.com/terms-conditions seems to contain contradictory information:

We may in exceptional circumstances be required to cancel your booking, in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation. You may be able to claim such expenses or losses under your insurance policy.

Very rarely, we may be forced by “Force Majeure” (see clause 10) to change or terminate all or some of your arrangements after your booking has been confirmed or after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result, except where we manage to recover the same from our suppliers. You must direct all claims to your travel insurance.

If they're asserting that Force Majeure circumstances (such as "significant risks to human health such as the outbreak of serious disease at the travel destination") absolves them from responsibility to refund, i.e. their interpretation is that the second paragraph overrides the first, then you need to convince your insurer to meet the claim, unless you fancy your chances of taking Wild Kiwi to court in Australia to challenge the legality of such terms.

If you paid by credit card (and Wild Kiwi aren't categorised as an intermediary between you and any actual service suppliers) then you might be able to make a Section 75 claim stick against the card company by challenging the above interpretation, assuming you're not deemed to have accepted the voucher.