Package Flight Cancelled. No refund on hotel. Help!

Silvergirlracer19

Hi all

Just coming back with an update...

I returned to CC (Amex) to ask for my dispute to be reopened, explaining the regs and why the hotel element should also be refunded. The wrote back saying the merchant is correct unless I can prove that they promised me a credit. WHAT??!!

Obviously still not getting it so after a painful hour spent on online chat I was directed to reopen the dispute again and upload more information. So I did, including the original booking confirmation which stated package, details of the flight change (the one that was beyond my control and unacceptable) and the actual package regulations (as @HillStreetBlues kindly laid out above). And they have rejected it again.  

 Every time I open the dispute (with all the evidence and quoting the regs) they just close it again.

I have asked for the complaints/appeal procedure and have been told it has been closed.

Any guidance on where next would be appreciated. I'm so frustrated now I am heels dug in just out of principle!

Many thanks

Mel

HillStreetBlues

Tell them to confirm that is their final responsor, if not then get them to supply one.
Once you have that complain to the FO https://www.financial-ombudsman.org.uk/consumers/how-to-complain

Voyager2002

Silvergirlracer19 said:

Hi all

Just coming back with an update...

I returned to CC (Amex) to ask for my dispute to be reopened, explaining the regs and why the hotel element should also be refunded. The wrote back saying the merchant is correct unless I can prove that they promised me a credit. WHAT??!!

Obviously still not getting it so after a painful hour spent on online chat I was directed to reopen the dispute again and upload more information. So I did, including the original booking confirmation which stated package, details of the flight change (the one that was beyond my control and unacceptable) and the actual package regulations (as @HillStreetBlues kindly laid out above). And they have rejected it again.  

 Every time I open the dispute (with all the evidence and quoting the regs) they just close it again.

I have asked for the complaints/appeal procedure and have been told it has been closed.

Any guidance on where next would be appreciated. I'm so frustrated now I am heels dug in just out of principle!

Many thanks

Mel

Online chat is not a good way to deal with complex problems.

Try to speak with Amex, and insist on speaking to someone in their British (Brighton) office. Their UK staff are competent as well as being helpful and polite. Say very clearly that you want to raise a complaint.

Silvergirlracer19

Just coming back with my latest update. I called to complain. Even that was a long and painful affair! Outcome is a final decision from Amex still refuting the claim as 'the third party terms cannot be over ridden' Still no acknowledgement or application of the Package Regs. The outcome letter did confirm I can go to the Financial Ombudsman, so onward I go!  Will let you know what happens next...

In the meantime, thanks again all for your help and input.

Silvergirlracer19

Posting my last update.

I submitted a complaint to the Ombudsman and  the outcome of the investigation was that Expedia were in breach of contract and Amex should not have rejected my section 75 claim.
Amex have been asked to restore my account as if the payment had never been made, ie refund.

It took almost 6 months but a decent investigation and common sense prevailed! Now just waiting for Amex to refund.

Lessons learned: 

• Expedia customer service is abysmal
• Never again will I book a 'package holiday' with Expedia as the reality is they still treat them as separate parts with their own T&Cs. The pain of trying to unravel that is just not worth the potential savings (which actually on reflection were not that great!)

To anybody else who finds themselves in the same or similar position, persistence and patience is key! 
Legislation (eg the Package Travel Regs and Section 75) is in place for a reason - consumer protection -  so do not be afraid to rely upon and quote the detail.

To @HillStreetBlues and everybody else here who gave me sound advice and energy to persist - thank you!

NoodleDoodleMan

Well done.