Travel agent refuses refund

Jules2801

Hi. 
My brother booked 2 flights to the Philippines  for 16th April 20 with Ashley at cheap fly shop. Due to the outbreak of covid 19 the flights were cancelled. 
He was offered a refund in the form of a credit note. He declined this. After a lot of phone calls, and emails he was given £800 as a gesture of goodwill. To this day they still have £358 of his money and say that they have still not be refunded by Philliine  airlines.   I spoke to Sam there yesterday and they are still adament they will. Only give him a credit note. The company have been an absolute nightmare to deal with.
How can he get them to refund him in full. He has never had a booking number so I can't trace through Philipine airlines. Any advice would be gratefully received. 

eskbanker

'Cheap Fly Shop' is probably a clue about why they aren't the most responsive or helpful organisation!

If the airline cancelled the flights then, provided they fall within the scope of the EC261/2004 regulations (as they're likely to if to/from the UK), the airline is legally obliged to refund their customer (the agent in this instance) within seven days, but in the context of an already ailing airline industry, it's difficult to force the issue, so if the airline really hasn't reimbursed the agent then there's not much that can be done, unless there is anything specifically committing to timescales in the agent's Ts & Cs.

It's not unusual for such agents to levy charges to process refunds, so your brother may not actually be entitled to a full refund, but should be entitled to a cash refund with any such charges deducted, rather than a credit note.

There won't be any options via card companies, but his travel insurance might reimburse the difference between the credit note and the original cost.  Going legal via MCOL is also an option, as Cheap Fly Shop appears to be a brand of a UK-registered company, and there's always the possibility of a letter before action prompting a settlement offer....

cx6

You instruced an agent (a travel.agent) to buy tickets on your behalf. They did this, and thus they are the airline's customer - not you. 

The agent will charge you for their services and thus you won't get back these fees.

I would recommend always booking flights with the airline.

Jules2801

He is withholding the remainder of the fare  not charges 

Jules2801

He agreed a full refund was due but only in the form of a credit note for remainder. He said Philippine airlines hadn't refunded him. But the credit note can be used for other flights. My brother did not receive a receipt for payments and has no booing reference number. If we can. Prove the pa have refunded cheap flights then he will refund my brother! 

Caz3121

You say he booked flights and never received any booking reference.  Does he know if any flights were ever booked. Has he checked all his historic emails and card statements? 

Pretty important to check booking in airlines system post booking, particularly if choosing to involve a third party (if booking direct you would get booking reference on screen at time of booking)
it seems strange they have given him £800 if they had booked and paid for a flight and not received funds back from the airline 

Jules2801

Caz3221 he said it was a gesture of goodwill. It all sounds pretty odd to. Me. 

Alan_Bowen

You should be aware that although it appears to be a UK company, the address it uses is nothing more than an accommodation address, the directors are listed as Indian and appear residents in India so it is likely there are no UK assets against which you could claim.

The company claims to be providing financial protection through a trust account run by PTS, Protected Travel Services, which are based in Bournemouth. This is supposed to guarantee your money is safe, but generally only steps in when the business has collapsed. I have no idea whether they have any form of customer care function, like ABTA for example, but it might be worth giving them a call or email and see if they can help

Jules2801

I've spoke Sam there and his story kept changing. I do wonder whether the flights were actually booked

Jules2801

I cannot prove that the agent paid the airline or if the airline refunded the agent which is what he told me I had to do then ring him 

rigolith

How did you pay? If it was on card then call your bank about a chargeback.