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Anthony Chendo
Anthony Chendo,
Category: Bankruptcy Law
Satisfied Customers: 2879
Experience:  Solicitor at BLM
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Booked a holiday, paid in full. Package holiday and the

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Booked a holiday, paid in full. Package holiday and the company cancelled due to COVID 19. The tour operator will only provide vouchers for flights, no cash refund and will not refund anything for the hotel whatsoever. We want a full refund. Could anyone help us fight this?Thanks

Hello

Welcome to JA.

I will review your question and return to you shortly.

Hello

From the circumstances described I suggest you reject the voucher and insist on a refund because the essential term in the contract between you and the tour operator was to provide you a holiday on a specific date, which cannot be fulfilled through no fault of yours. Given this essential term is not able to be carried out, in this case due to an external event being the pandemic, you can demand a refund. There is no end in sight for when the pandemic will slow (enough for you to travel abroad again). You therefore need to say the contract has been frustrated and therefore void. Further accepting an alternative date is not good to you at the moment because you do not know whether the travel agency/airline will still be in business in future or whether you will have the time or finance to go on holiday.

The only possible defence to the above is if your contract has a force majeure clause which specifically includes the words pandemic, which is unlikely. This term means that if performance of the contract is impossible then the parties can agree to suspend their obligations - for the duration of the force majeure(i.e the pandemic), or in this case, for as long as the service cannot be carried out due to the lock down.

Do you understand what i have stated if yes i will provide an alternative way to obtain your money back?

Customer: replied 1 year ago.
Hi yes Understood but they will not take our word for it they just keep defending themselves and telling us we cannot have a refund. Is there anything we can put in place to enforce the refund?
Customer: replied 1 year ago.
Thank you for your help

Hello

You can consider court action action but before you do so you will need to send a letter before action.

I have attached a template for your consideration.

With regards ***** ***** court action if no response or resolution is met then i suggest you consider instructing a local solicitor to act on your behalf or returning to Just Answer and one of our experts can assist you with this process.

An alternative way to get your money back is if you booked by credit or debit card - you can contact the card provider and ask for a refund under S.75 of the Consumer Credit Act 1974(credit card) or chargeback(debit card) - as the bank can assist with regards ***** ***** position. However time limits are applicable for these schemes which may vary depending on your bank provider. Therefore it is best to contact your card provider to confirm this position.

I hope i have clarified the position, if not please let me know

However if I have clarified the position please before you leave JA today please rate the assistance provided by clicking on the 5 stars button at the top of your screen as this will help improve the service given in future.

Thanks and stay safe

Customer: replied 1 year ago.
Thank you very much we will use the template and go from there thanks

Your welcome and thanks for the rating in advance.

Please note rating does not come at any costs.

Have a good day.

Anthony Chendo and other Bankruptcy Law Specialists are ready to help you

Hello

I note you have reviewed the answer given.

If i have clarified the position please before you leave JA today please rate the assistance provided by clicking on the stars button at the top of your screen as this will help improve the service given in future.

Please note rating does not come at any extra costs.

Thanks and stay safe