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Sailing holiday

Payment was made to a UK company for a sailing holiday.  To all intents and purposes the UK company appeared to be a travel agent.   On the Greek holiday the boat developed problems after 2 days of a 7 day holiday and had to be returned to the base.  The Greek company had no alternative boat and provided no help or recompense so we were left to arrange and fund the remainder of the holiday.   On reporting the problems to the UK company they state that they are merely a booking engine and their small print states that they have no legal responsibilities.  Attempts to get a refund from either company have been unsuccessful   Unsure as to whether  a Section 75 claim is applicable in these circumstances and, if so, against the UK company or the Greek charter company?  Guidance would be appreciated

Comments

  • Archie_Duke
    Archie_Duke Posts: 287 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper
    May be best to email in to the sailing glossy mags to ask the question, if you haven’t already. More likely to find the specific consumer information required there. Good luck, sounds like a real pain!
    Arch
  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    Hi, you don't say what company it was but are they a member of ABTA? Did you contact them to complain when your holiday was spoiled when you were still in Greece?

    There is some advice from ABTA in the following link -

    https://www.abta.com/help-and-complaints/customer-support/complaints-we-can-and-cant-help-with

    There's also some good information from Citizens Advice in the following link -

    https://www.citizensadvice.org.uk/consumer/holiday-cancellations-and-compensation/claim-compensation-for-a-holiday/

    If you booked your holiday through a travel company, then they surely have to take responsibility and can't just wash their hands of you, no matter what it says in their small print. 

    If the company isn't a member of ABTA ask them which one they belong to and then contact that association. 

    Finally, were you insured? What does your insurance company say? If all else fails could you claim from them?

    I'd definitely chase a refund, it sounds like a bit of a cowboy outfit. You've had to pay twice for the holiday you never had.
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • eskbanker
    eskbanker Posts: 39,788 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    alig1 said:
    Payment was made to a UK company for a sailing holiday.  To all intents and purposes the UK company appeared to be a travel agent.
    That seems to be very careful wording, but no need to be coy, name them!

    alig1 said:
    Unsure as to whether  a Section 75 claim is applicable in these circumstances and, if so, against the UK company or the Greek charter company?
    Section 75 tends to be tricky when contracting via agents, but chargeback may be viable if the holiday was within the last 120 days (and paid by card within the last 540 days).


    Was the holiday constructed as a package, and thereby within scope of the Package Travel Regulations (did you receive an ATOL certificate with the booking)?
  • born_again
    born_again Posts: 23,026 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Is this not what travel insurance is for?

    S75 is going to depend on who the debit was to & value of the holiday. As well as the exact T/C.
    Life in the slow lane
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