Wowcher Holiday - Fighting for Refund

Nurselayer

Hi there,

My partner wanted to buy me a holiday to take me to see where my father was imprisoned at Auschwitz for my 50th birthday.  She found what seemed like a good deal for a 5 day trip and purchased the Wowcher voucher on her credit card. You could not get the actual details of flights etc until you redeemed the voucher.  She had to redeem the voucher in order to get these details and then found that luggage was not included.  When she looked at the cost of adding luggage it doubled the cost of the holiday and made it financially unviable for us.  So, she went back to Wowcher - they have refused to refund her as she redeemed the voucher.  She took it up with her credit card under a S.75 of the CCA but they've come back and said

"We’ve reviewed the information you supplied to us and because you redeemed the voucher and the service was available we have no chargeback rights based on what you have told us.

 Unfortunately, our Section-75 team is also unable to assist in this matter, as there is no Debtor -Creditor- Supplier link as the service was purchased through Wowcher. As such Section 75 does not apply."

What redress do we have?  

I'm wondering if we can use The Consumer Protection From Unfair Trading Regulations 2008. Section 5. Misleading Actions.

(2) A commercial practice satisfies the conditions of this paragraph—

(a)if it contains false information and is therefore untruthful in relation to any of the matters in paragraph (4) or if it or its overall presentation in any way deceives or is likely to deceive the average consumer in relation to any of the matters in that paragraph, even if the information is factually correct; and

(b)it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise


Has anyone else any other suggestions? 

Oh, and furthermore, although my partner complained about this to Wowcher straight after this became apparent, because she hasn't applied for a refund within 30 days of purchase (because she wants a full refund not a credit note) they are now saying that if they were to make a refund to her Wowcher account it'd only be for 50% of the value.

I'd really appreciate help with this, my partner is obviously distraught as she feels that she's lost a lot of money on something we can't use and that they won't refund us for. It really feels like she's fallen for a scam.

TadleyBaggie

Was it mentioned in the T&C's that there might be additional charges?

eskbanker

https://www.wowcher.co.uk/deal/travel/european-city-breaks/krakow/e/krakow-poland-holiday-hotel-flights-deal sounds similar to what OP is referring to, and does clearly mention:

• Hand luggage is included, please check with the holiday provider for specific weight and size restrictions.

Okell

Vouchers are a nightmare and best avoided unless you are willing to take a risk that you might not be buying what you think you are.

As others have said, you need to look closley at the T&Cs of the voucher.

Personally I wouldn't be surprised if they are in breach of the Unfair Trading Regs, but I'm not sure that as a consumer you have any remedy there.  It's a criminal offence enforceable by trading standards so far as i know

elsien

Is hand luggage not included in the flight? Because for a five day trip, I would only ever travel with just hand luggage and am indeed off to Krakow myself in a couple of weeks time, Mon-Fri hand luggage only. 

So I wouldn’t be writing the trip off just on that basis. It’s surprising how much you can get into a regulation sized bag if you plan carefully.

the_lunatic_is_in_my_head

Okell said:

Vouchers are a nightmare and best avoided unless you are willing to take a risk that you might not be buying what you think you are.

As others have said, you need to look closley at the T&Cs of the voucher.

Personally I wouldn't be surprised if they are in breach of the Unfair Trading Regs, but I'm not sure that as a consumer you have any remedy there.  It's a criminal offence enforceable by trading standards so far as i know

Also offers the consumer right to redress  

https://www.legislation.gov.uk/uksi/2008/1277/part/4A

I agree these voucher deals are a nightmare, if the holiday company are in breach then OP has the right to unwind which means being given back a voucher but then what does OP do with that? 

Okell

And tell your partner she shouldn't get too upset about this.  There are lots of complaints about voucher schemes on these boards.  They aren't necessarily scams and they aren't dishonest, but you do need to understand exactly what the voucher you are buying does and does not entitle you to.  They aren't always as transparent as they might be...

Hoenir

How much did the luggage charge add? 

Aylesbury_Duck

Can you not get by with just hand luggage?  I've done a few European 4/5 day breaks with just cabin luggage - a small suitcase and a rucksack.  If you really struggle to fit it all in, clothes are very cheap in that part of the world.  Wear your scruffiest clothes there, buy some new ones and bin the old ones before coming home.  Oh, and wear your bulkiest clothes on the flight, of course.

Surely that's better than writing the whole trip off?  Unless of course you have a medical condition or disability that requires a whole heap of equipment, for example.

eskbanker

(Free) hand luggage allowances have become more restrictive in recent times on budget carriers, so it's entirely possible that the only allowance included in the price is that which fits under the seat, rather than small cases that go in the overhead compartments, hence the Wowcher steer to check with the holiday provider (Travelodeal in the above example, if that's the one OP bought).

Aylesbury_Duck

eskbanker said:

(Free) hand luggage allowances have become more restrictive in recent times on budget carriers, so it's entirely possible that the only allowance included in the price is that which fits under the seat, rather than small cases that go in the overhead compartments, hence the Wowcher steer to check with the holiday provider (Travelodeal in the above example, if that's the one OP bought).

I see.  Well, it's going to be a case of seeing which is the most affordable option, paying for a small suitcase or taking the very basics, wearing old clothes out there and buying new to come home in.  Or writing off the cost, because I can't see anything other than a goodwill solution here.