Thomas cook flight refund issues

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Hi there,

I have unfortunately got caught up in the mess that Thomas Cook left when they went into liquidation. I purchased a flight via Gotogate and it wasn't atol protected. I hadn't got round to getting holiday insurance and I paid for the flight with my debit card. I have applied through the bank to get a refund which they gave me, but now Gotogate have contested the refund and I may now have to return the money that I was refunded.
I feel that I should be entitled to the refund as I have no flight and the company have refused to refund me and haven't offered me any alternative flight. They are saying that they supplied me with a ticket and have therefore withheld their end of the deal.
As I believe they haven't given me the service I have paid for i want to despute their counter claim but I have no idea how to word it. Can anyone on here help me?
Many thanks

Comments

  • Westin
    Westin Posts: 5,945 Forumite
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    Ouch. You have left yourself wide open and probably done the opposite of everything that is advised when booking flights.

    You perhaps now realise the benefits of booking a trip with ATOL protection, or failing that using a credit card for payment protection under section 75.

    In addition, rather than book direct, or with a reputable U.K. travel business you have booked with an overseas seller and as such may have very limited recourse. Gotogate International AB is part of the Etraveli Group. They are a Swedish based business. Swedish regulations apply.

    I expect Gotogate will argue that they simply acted as an agent and forwarded your payment to a now defunct airline and that YOU rather than THEY become a creditor of that failed business. I suspect their trading terms and conditions may cover this aspect but if you haven’t already read them it might be worth doing so now.

    As for suggestions on what to do -
    1. Research via the internet to find others who are likely to be in a similar position having booked via Gotogate and see if any different approaches have worked for them.
    2. Try to badger Gotogate via their social media for resolution. Remain polite. Seek a helpful solution rather than give threats and vent anger. You may receive a partial goodwill credit.
    3. Try to add justification to any counter view to your bank refusing the chargeback. Probably the ‘service not received’ time is best but I have to say I think you are loose ice. Good luck anyway.
  • mattyprice4004
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    The very best of luck; my friend is in a similar situation.
    I booked direct and had a refund from American Express within a week, and no contesting of the refund.

    I really hope people will learn soon that these cheap 'travel agents' aren't worth the £20 saving and that it's likely to cost them more in the long run.
    Always, always always book direct.
  • Alan_Bowen
    Alan_Bowen Posts: 4,851 Forumite
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    Regrettably, I think you will have a fight on your hands, but don't give up yet. Using a third party to book a low-cost flight is generally never a good idea, to use one based outside the UK even less so. A travel agent will always argue their obligation is to book and pay for a flight and issue a ticket on behalf of an airline, and once they have completed that, their job is complete. It was never their responsibility to fly the plane.
    Good travel agents would offer scheduled airline failure protection, usually at a cost of £4-5, which would ensure a full refund but again GotoGate doesn't and you admit having taken out no insurance, as you can buy this cover, at a slightly higher cost yourself.

    If you had never received the ticket, and that might be the case, then you can argue that the service you paid for hasn't been completed, another issue with TC Airlines appears to be that many travel agents were forced to book, not with TC Airlines itself but through it's associated company Condor in Germany, possibly because the UK arm couldn't find a bank willing to process credit cards for them.

    Alas, because you booked through an agent, it is impossible to tell as the debit on your card will have been by Goto Gate but for those who booked direct, there is a possibility of claiming against Condor, who don't want to know, and then arguing with a card issuer that Condor has failed to provide the service.

    Best of luck
  • Caz3121
    Caz3121 Posts: 15,551 Forumite
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    you need to also have a good read of the Gotogate terms and conditions
    12. LIABILITY
    12.1 You accept that We act as an intermediary between the You and the Service Provider. We will under no circumstances be held liable with respect to Travel Services You have booked with one or more Service Providers and We do not accept any liability for any inaccuracies in the information displayed on the Portal which have been provided by the respective Service Provider.
    12.2 Should a Service Provider be unable to provide the Travel Service for any reason, including where a Service Provider declares for bankruptcy, We can only act as an intermediary and refund payments where we have already received such from the applicable Service Provider.

    As TC got your money (in return for a flight ticket) gotogate, as with other online ticket sellers, will only refund what the airline refunds to them (less and admin fee) nothing back from airline = nothing to pass to customer.
  • Scrabbit
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    Thanks for all your help everyone. It's not looking great is it?

    I may have to put this down to a tough lesson to learn and take the financial loss.
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