travel agent deposits

Dubdoc123

my niece planned to go to Australia in October 2013. Her friend and her went to a well known travel agent in Dublin and got prices for accomodation,flights etc. The travel agent took a deposit of 400 euro each from them, telling them the travel agents would pay for their flight in advance of travelling, the flight cost 670euro, she said they normally did not do this but would do it "this once". They did not receive any confirmation of this flight being paid for, and received a normal booking form with flight reference no. and hotel name. Unfortunately my nieces friend is now unable to travel as her mother has been diagnosed with a serious illness, they immediately returned to the travel agent to discuss possibility of some of their deposit being refunded and were told they were entitled to no refund of any description. They requested flight confirmation which she said she would email( this email has not arrived despite several requests for same) they asked to see the terms and conditions, the agent told them she did not have a copy of these and they were available on their website. She has viewed these and are as follows: 10. PAYMENT
A non refundable deposit of €120 (Europe except Disneyland Resort Paris), €100 adults / €50 children under 12 (Disneyland Resort Paris) and €250 for all other destinations must be paid at the time of booking. Further non refundable deposits may be required for services which must be paid in advance e.g. accommodation in special event periods, performances, cruises and tours. Because of the ever changing nature of airfare structures and the increasing availability of instant purchase air fares most of the flights which we sell as agent must be paid for in full at the time of booking together with the normal deposit. Such airfares are non refundable and accordingly cancellation of holidays involving instant purchase/ticketed flights will incur loss of airfare together with the standard cancellation charges as detailed in Clause 10. The holiday must be paid for in full at least 8 weeks before the scheduled date of departure or if the contract is made later than 8 weeks before the scheduled date of departure, it must be paid for in full on the signing of the Booking Form.
Cancellation for Non-Payment. If the holiday is not paid for by the due date, the Organiser shall have the right to cancel the holiday. If the Organiser, at the request of the Consumer or Travel Agent, agrees to delay cancellation of the holiday, then if the Organiser subsequently cancels for non-payment, the cancellation charges set out in this Clause 10 shall apply and be payable by the Consumer.
CANCELLATION CHARGES
Disneyland Resort Paris
More than 30 days prior to departure: loss of deposit or 10% of the holiday value ( higher amount will apply)
30-8 days prior to departure: 50%
7-3 days prior to departure : 75%
2-0 days prior to departure :100%
Europe (except Disneyland Resort Paris)
More than 8 weeks prior to departure : loss of deposit
From 8 to 4 weeks : 30%
From 4 to 2 weeks : 45%
From 2 weeks to 3 days : 60%
Within 72 hours : 100%
Other destinations
More than 8 weeks prior to departure : Loss of deposit
From 8 to 4 weeks : 60%
From 4 to 2 weeks : 80%
Within 2 weeks : 100%
All cancellation charges apply to each person covered by a booking.

Can anyone inform if she is entitled to any refund?

jjbrien

Dubdoc123 wrote: »

CANCELLATION CHARGES
Disneyland Resort Paris
More than 30 days prior to departure: loss of deposit or 10% of the holiday value ( higher amount will apply)
30-8 days prior to departure: 50%
7-3 days prior to departure : 75%
2-0 days prior to departure :100%
Europe (except Disneyland Resort Paris)
More than 8 weeks prior to departure : loss of deposit
From 8 to 4 weeks : 30%
From 4 to 2 weeks : 45%
From 2 weeks to 3 days : 60%
Within 72 hours : 100%
Other destinations
More than 8 weeks prior to departure : Loss of deposit
From 8 to 4 weeks : 60%
From 4 to 2 weeks : 80%
Within 2 weeks : 100%
All cancellation charges apply to each person covered by a booking.

Can anyone inform if she is entitled to any refund?

As it says there More than 8 weeks prior to departure : Loss of deposit so im affraid she will loose her deposit. Some agencies take payment up front for the cancelation fees of an airline and hotel. So lets say you bought a flight for 600 euro the airline cancellation fees were 400. The agency then asks you for 400 euro which is the cancellation fee from the airline to cancel. The agency then issues the ticket knowing it has nothing to loose. This ensures that you niece gets the ticket for the price she wanted and nobody looses. But saldy in your nieces case she will loose out. Maybe she can change her flights for another date and not loose this money?