Section75/Charge back rights holiday deposit

MrsBSaver

Need some advice please: Paid a deposit to Destination2 on credit card. Spoke to the hotel and flights who have stated that flights/hotel are booked but not confirmed. Have heard awful reviews of this company and am now concerned they may mess us about. Also, I have emailed the customer service several times and they clearly pretend that they do not understand what my queries are. Our final payment is due at the end of the week. 
Can I claim back the deposit via my credit card and then severe all ties with this company? 

TadleyBaggie

No, the company hasn't breached its contract with you. S75 doesn't cover change of mind.

eskbanker

You can only claim back money if there's a breach of contract, such as services not provided, but at this stage it's unlikely that you'd have sufficient evidence that the services won't eventually be provided.  If you withhold payment then you'll be the one breaching the contract, so best not to do that, but if you're worried about the status of the bookings then raise these concerns with Destination2....

bagand96

Section 75 and/or chargeback is applicable if the supplier has broken their contract or failed to deliver the goods/services.  It's not clear Destination2 have done that so I don't think you have valid grounds.  Buyer's remorse isn't a valid reason.

It's not unusual for some agents to have access to industry fares/rates that mean a booking isn't "confirmed".  It could be that Destination2 have a special fare with the airline that they only need to pay for after you've paid the balance at which point it will become confirmed. The fact that both the airline and hotel can see you're booked is surely a good thing?

MrsBSaver

Thank you for your feedback. I heard of instances where D2 have changed direct flights/times to cheaper non-direct flights or even cancelled flights without the customers consent (where the airline has not made any changes) can I claim a S75 if this occurs? 

DullGreyGuy

MrsBSaver said:

Thank you for your feedback. I heard of instances where D2 have changed direct flights/times to cheaper non-direct flights or even cancelled flights without the customers consent (where the airline has not made any changes) can I claim a S75 if this occurs? 

What do the terms and conditions you agreed to say about changes? 
Is what you bought a package holiday?

A breach of contract happens when they go outside of the terms you agreed to, if you bought flights only and agreed that they could switch you to other flights then you cannot complain when they switch you to other flights. Package holidays have extra protections in place which may override the terms of the agreement. 

This is why it's important to actually read the T&Cs before clicking the "I agree" button even if it is boring. 

Pollycat

OP
Is this the same holiday as the one in this thread?

Destination2-Making an amendment less than 24 hours — MoneySavingExpert Forum