Package holiday cancellation

plscat

We bought a ‘Christmas market holiday in Austria’ package from wowcher.  Austria went into full lockdown a few days before we travelled but the travel company are refusing to refund us as the flights still went (presumably with people going home).  

Our argument is that as we bought a package, it should be viewed as such - anyone else had any experience like this! 

Sandtree

The problem is you bought a voucher not a package... this adds a host of complexities -v- having bout the product/service directly

sheramber

That would be a travel insurance claim if you had cover for government restrictions on travel.

eskbanker

If the holiday fulfilled the criteria for being a package (e.g. both flights and accommodation booked together), then as far as I can see, regardless of buying via Wowcher, the travel company organising the package is responsible to refund under regulation 12 of the Package Travel Regulations if a blanket ban on tourism was imposed:

(7) Notwithstanding paragraphs (2) to (6), in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and which significantly affect—

(a) the performance of the package, or

(b) the carriage of passengers to the destination,

the traveller may terminate the package travel contract before the start of the package without paying any termination fee.

(8) Where the package travel contract is terminated under paragraph (7), the traveller is entitled to a full refund of any payments made for the package but is not entitled to additional compensation.

Sandtree

eskbanker said:

If the holiday fulfilled the criteria for being a package (e.g. both flights and accommodation booked together), then as far as I can see, regardless of buying via Wowcher, the travel company organising the package is responsible to refund under regulation 12 of the Package Travel Regulations if a blanket ban on tourism was imposed:

(7) Notwithstanding paragraphs (2) to (6), in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and which significantly affect—

(a) the performance of the package, or

(b) the carriage of passengers to the destination,

the traveller may terminate the package travel contract before the start of the package without paying any termination fee.

(8) Where the package travel contract is terminated under paragraph (7), the traveller is entitled to a full refund of any payments made for the package but is not entitled to additional compensation.

But what do they have to refund? The voucher almost certainly has no nominal value

eskbanker

Sandtree said:

eskbanker said:

If the holiday fulfilled the criteria for being a package (e.g. both flights and accommodation booked together), then as far as I can see, regardless of buying via Wowcher, the travel company organising the package is responsible to refund under regulation 12 of the Package Travel Regulations if a blanket ban on tourism was imposed:

(7) Notwithstanding paragraphs (2) to (6), in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and which significantly affect—

(a) the performance of the package, or

(b) the carriage of passengers to the destination,

the traveller may terminate the package travel contract before the start of the package without paying any termination fee.

(8) Where the package travel contract is terminated under paragraph (7), the traveller is entitled to a full refund of any payments made for the package but is not entitled to additional compensation.

But what do they have to refund? The voucher almost certainly has no nominal value

OP should be able to clarify but I'd presume the voucher had a value - there is an argument that the price paid to Wowcher will differ from that paid by Wowcher to the travel company, but that doesn't get the latter off the hook entirely.

Sandtree

eskbanker said:

Sandtree said:

eskbanker said:

If the holiday fulfilled the criteria for being a package (e.g. both flights and accommodation booked together), then as far as I can see, regardless of buying via Wowcher, the travel company organising the package is responsible to refund under regulation 12 of the Package Travel Regulations if a blanket ban on tourism was imposed:

(7) Notwithstanding paragraphs (2) to (6), in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and which significantly affect—

(a) the performance of the package, or

(b) the carriage of passengers to the destination,

the traveller may terminate the package travel contract before the start of the package without paying any termination fee.

(8) Where the package travel contract is terminated under paragraph (7), the traveller is entitled to a full refund of any payments made for the package but is not entitled to additional compensation.

But what do they have to refund? The voucher almost certainly has no nominal value

OP should be able to clarify but I'd presume the voucher had a value - there is an argument that the price paid to Wowcher will differ from that paid by Wowcher to the travel company, but that doesn't get the latter off the hook entirely.

The voucher is for a fixed thing... its not a £100 gift card to use on whatever you want and so doesn't have an intrinsic value 

eskbanker

But doesn't that effectively place Wowcher into the role of agent, in much the same way as a high street travel agent (re)selling package holidays?  The PTRs encompass both package organisers and retailers who resell them, so I wouldn't have thought that the Wowcher model would allow both parties to escape liability, i.e. what's the legal and contractual difference between this and buying, say, a TUI package through Hays Travel, where the customer only directly pays money to the latter?

cx6

Maybe with Hayes you are instructing Hayes as your agent to purchase a holiday on your behalf. You pay Hayes, Hayes pays the holiday company.

With Wowcher you don't instruct them to to do anything - you just purchase a payment method that the holiday company has agreed to accept - with Wowcher it happens to be a voucher but it could just as easily be a bit of gold or a pearl.

You then yourself book the holiday using that payment method ie Wowcher do not act as your agent in the booking.

Alan_Bowen

The contract for travel has to be with an ATOL holding company, Wowcher ( a total waste of time in my view) are not that company. If you received an ATOL certificate the responsibility lies with the issuer, weekender breaks by any chance? 

eskbanker

Yes, my understanding of the Wowcher model is that the customer enters into a contract with the actual service provider, so the travel company in this instance, and OP did refer to dialogue with that company without any indication that they were denying such a contract.  As above, it seems clear from the PTRs that the travel company is required to refund (which is what OP was seeking guidance on) but the related issue is the extent to which the use of Wowcher affects the consideration for that contract, in terms of how much should be refunded - if OP returns to the thread, perhaps they'll clarify what invoicing or other paperwork they received from the travel company?