Deposit for holiday not repaid (didn't pay a deposit)

Hi everyone, I'm not sure where I stand on this so would appreciate some help.

My partner and I booked a holiday to Bali through the company Gap360 at the start of 2020, before the Coronavirus pandemic started. I did not immediately purchase any insurance as I was in the process of looking for the best cover and offer for the holiday. I had paid off my holiday to them in full the day we booked the holiday as I had the money there and had saved for it. Technically, I did not pay a ‘deposit’, whereas my partner paid his deposit (£49) and then paid the rest of the holiday off in instalments (around £130/ month). We initially booked to go to Bali for 14 days in August 2020, GAP360 then cancelled this and offered us a ‘Credit Note’. The Foreign Commonwealth Office (FCO) advice at that time was not to travel to Indonesia and they were also not accepting visitors. We then unwillingly pushed back our holiday to May 2021, not knowing the pandemic would continue this long. The Indonesian government has refused to accept any non-essential visitors to their country since March 2020 and it is extremely unlikely that they will ‘re-open’ their borders any time soon, therefore, even if we could go, both the UK and Indonesian governments would not allow it. We asked for a refund instead of the credit note, which they refused and no reasons were given as to why.

My partner is in the RAF and his training has been pulled forward to April, so we are unable to go on holiday at all this year now so have subsequently had to cancel the trip. At the time he had travel insurance (due to previous trips) and has managed to get a full refund through this due to him being in the military. However, I have lost £199 out of the total £873, when I paid all of the £873 in one full payment. This was also from my Royal Bank of Scotland debit card, as I do not have a credit card. As we have had to cancel the holiday, the company has taken £199 and claimed it as a deposit. There is no details or explanations on the website regarding this, and terms and conditions that were sent does not have any information about refunds and keeping deposits if you have paid off the holiday in one single payment, like I have. All of the information relates to paying a deposit first and instalment payments and does not mention what happens when a payment is made in full and cancelations. 

Finally, it has been over 28 days and we both still haven’t received our refunds from them for the holiday, when they assured us that we would receive a refund for the holiday by 12noon today (26/02/21) at the very latest. 

If possible, I would appreciate some assistance with this issue and some advice regarding this to see where I stand, as I can’t see anywhere on their website or the terms and conditions that they sent us about what happens regarding cancellations when paid in full in one payment. 

*I paid the holiday in one FULL payment so didn't pay a deposit at all. The full holiday payment was made at the time of booking*
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Replies

  • eskbankereskbanker Forumite
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    https://www.gap360.com/terms-and-conditions clearly states:

    If you want to cancel your booking you must do so in writing, by letter or email. Provided your written cancellation is received in our office prior to 84 days before departure there will be no cancellation charge other than the forfeiture of your deposit. If you paid in full at the time of booking your cancellation fee will be equal to the deposit you would have paid under the Normal Plan section [i.e. £199]

    Are the currently-published Ts & Cs different from those you booked under?
  • edited 27 February at 2:10PM
    bagand96bagand96 Forumite
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    edited 27 February at 2:10PM
    As stated above it appears to be covered in their T&C's (although do check that they are the same as the ones you booked under)

    It is fairly standard practice that there is a deposit amount for a holiday, even if you pay in full you've still technically paid the deposit, it's just incorporated into your payment. It's also standard that if you choose to cancel a holiday you lose the deposit.
  • sherambersheramber Forumite
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     Part of your payment was for the deposit and the rest was the further payment. Paying it all at once doesn't change that.
     

  • lucywalker1402lucywalker1402 Forumite
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    eskbanker said:

    If you want to cancel your booking you must do so in writing, by letter or email. Provided your written cancellation is received in our office prior to 84 days before departure there will be no cancellation charge other than the forfeiture of your deposit. If you paid in full at the time of booking your cancellation fee will be equal to the deposit you would have paid under the Normal Plan section [i.e. £199]

    Are the currently-published Ts & Cs different from those you booked under?
    At the time of booking the deposit was advertised at £49, which is what my partner paid for his deposit. This £49 deposit is what my partner paid, then the months following an agreed payment plan. He has only lost out on the said £49 deposit, where I've lost £199 when at the time of booking deposit was stated at £49. 
  • edited 27 February at 7:48PM
    eskbankereskbanker Forumite
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    edited 27 February at 7:48PM
    eskbanker said:

    If you want to cancel your booking you must do so in writing, by letter or email. Provided your written cancellation is received in our office prior to 84 days before departure there will be no cancellation charge other than the forfeiture of your deposit. If you paid in full at the time of booking your cancellation fee will be equal to the deposit you would have paid under the Normal Plan section [i.e. £199]

    Are the currently-published Ts & Cs different from those you booked under?
    At the time of booking the deposit was advertised at £49, which is what my partner paid for his deposit. This £49 deposit is what my partner paid, then the months following an agreed payment plan. He has only lost out on the said £49 deposit, where I've lost £199 when at the time of booking deposit was stated at £49. 
    The Ts & Cs linked above envisage three separate options in clause 2:
    When you book a place on most trips you have the following options with regards to deposits and payments:
    1. Normal Plan: Pay a deposit of £199 per programme booked, and then pay the balance of the trip fee 12 weeks (84 days) before departure. You can pay the booking deposit by credit or debit card, cheque, cash or by BACs transfer. Deposits are non refundable, and not transferable. However in the event that your trip choice or dates become unavailable for any reason, we will refund your deposit or transfer it to another trip of your choice.
    2. Payment Plan: Pay just £49 at time of booking, and make equal monthly payments starting from the first month following your booking and your last payment is to be made one full calendar month prior to departure. The deposit payment must be paid on a debit or credit card, and then we'll provide you with a standing order form for your bank. Payment plan does not apply for trips departing within 84 days of booking. The first two payment instalments and deposit are non refundable and non-transferable. However in the event that your trip choice of dates becomes unavailable for any reason, we will refund your payments or transfer them to another trip.
    3. Pay in Full: You can pay for your trip in full at the time of booking by credit or debit card or by BACs transfer.
    If these were the Ts & Cs in force when you booked then you don't have a leg to stand on (as the cancellation policy for full payments clearly states "the deposit you would have paid under the Normal Plan section", i.e. £199), but do you have a saved copy of different ones?

    Edit: digging a bit deeper, archived versions of the Ts & Cs seem to have deposit and cancellation clauses identically worded to the current ones, so it would appear that nothing has really changed and the Ts & Cs linked above represent not just the current position but that applying to a booking made last year too.
    March 2019 Ts & Cs
    April 2020 Ts & Cs
  • sherambersheramber Forumite
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     At the time he had travel insurance (due to previous trips) and has managed to get a full refund through this due to him being in the military. 
    So your partner got a full refund from his insurance company.
    How has he lost £49
    He has only lost out on the said £49 deposit, where I've lost £199 when at the time of booking deposit was stated at £49. 
    Was the £49 a low deposit scheme where you paid a small deposit to book but the actual deposit is higher and due of you cancel.
    Finally, it has been over 28 days and we both still haven’t received our refunds from them for the holiday, when they assured us that we would receive a refund for the holiday by 12noon today (26/02/21) at the very latest. 
     Why is your partner due a refund of he has been paid by the insurance company?
    Can you copy on here the booking terms where it states how much is due if you cancel?




  • Nick212010Nick212010 Forumite
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    We initially booked to go to Bali for 14 days in August 2020, GAP360 then cancelled this and offered us a ‘Credit Note’. 

    ...

    We asked for a refund instead of the credit note, which they refused and no reasons were given as to why.

    So unless I’m missing something obvious, the advice submitted by posters above is very inaccurate.

    Based on your original post you say that GAP360 cancelled your holiday. You didn’t cancel it, GAP360 did. Therefore this surely is a closed case and you’re due a full refund. The T&Cs eskbanker quotes are if the customer wants to cancel their booking. Get back to GAP360 and demand your refund.

    However I’m assuming GAP360 are a third party travel agent, so there may be a fee deducted from your refund to cover their admin costs. 
  • JCS1JCS1 Forumite
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    We initially booked to go to Bali for 14 days in August 2020, GAP360 then cancelled this and offered us a ‘Credit Note’. 

    ...

    We asked for a refund instead of the credit note, which they refused and no reasons were given as to why.

    So unless I’m missing something obvious, the advice submitted by posters above is very inaccurate.

    Based on your original post you say that GAP360 cancelled your holiday. You didn’t cancel it, GAP360 did. Therefore this surely is a closed case and you’re due a full refund. The T&Cs eskbanker quotes are if the customer wants to cancel their booking. Get back to GAP360 and demand your refund.

    However I’m assuming GAP360 are a third party travel agent, so there may be a fee deducted from your refund to cover their admin costs. 
    GAP360 cancelled the August 2020 holiday, but the OP then moved to May 2021.  It is the May 2021 that the OP is now cancelling.
  • Nick212010Nick212010 Forumite
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    Ah, gotcha. 👌 
  • Alter_egoAlter_ego Forumite
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    Read 2nd paragraph of post 1. The OP cancelled
    I am not a cat (But my friend is)
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