The holiday company are governed by: the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the Business Protection from Misleading Marketing Regulations 2008 (BPRs)..
Why one is entitled unfair trading regulations and the other is misleading marketing regulations, I have no idea but it doesn’t affect the substance.
What they can’t do is show you beautiful pictures of amazing accommodation but when you actually get there it’s a cardboard box. I am of course exaggerating to prove the point but you get my drift. You have to remember however that it doesn’t matter whether they are completely out of order, if they will refund you you can’t beat them with a blunt instrument until they do and your only remedy is to take them to court.
If you paid all or part by credit card you can however file a section 75 Consumer Credit Claim.
Section 75 of the Consumer Credit Act put liability onto a finance company or credit card company along with the merchant. That is provided the transaction is over GBP100 and under GBP30,000. It doesn’t apply in respect of debit card purchases or direct transfer purchases.
Even if part of the purchase price, such as just the deposit, is paid by card or on finance, then the whole transaction is covered by section 75. The majority of finance companies will not want to be taken to court and they will put pressure on the merchant to deal with this.
The majority of finance companies will not want to be bothered and can actually take money back from the merchant to cover any claim that a consumer may bring.
You don’t have the same protection if you paid by bank transfer or debit card.
Tell them that they have until, say, 4 PM on Friday, 20 May 2022, the refund you in full, failing which you will issue Small Claims Court proceedings without further notice.
Thank you for letting me assist you with your legal question. I am glad that I was able to help.
I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.
It will be my pleasure to help you again either further with this or any future questions you have
Kind regards
Stuart