Travel company changing terms an conditions

foodaholic

My travel company cancelled our up coming trip to Japan
We where given two options
1 - voucher for 110% to be used by next year
2- refund minus 30%

T&Cs said we’d get a full refund if cancelled by them
I queried it and this is the response

“Given the extraordinary circumstances, we have decided we have no option but to change our policy. Our hand is forced in this instance by the Governmental guidelines and no longer constitutes a “cancellation by us”- as this was not our choice. Thus, we are not able to action any full refunds. This is reflective of what other tour operators are doing right now as an industry standard.”

Peregrinus

You'd want to read the T&C in full, and with great attention to every detail. But from what you say it looks to me as though they are on weak ground, legally speaking.

It seems to me they are doing what they think they have to do to survive, and if/when somebody sues them, then they'll get around to trying to establish a legal justification for it. It's possible that, when that day comes, they will find a provision that entitles them to do what they are doing. But, right now, they obviously haven't found one, because if they had they'd be pointing you to it.

Batgurl

If every person pushes for a refund, the business will collapse and you’ll get nothing. The credit offer +10% is quite generous given the circumstances.

wonski

The only problem with vouchers is that if that company goes bust you will get nothing back.

I would probably take that 30% hit now (I know it could be a lot in case of Japan holidays) and next year you could find same package 30% cheaper anyway when the travel business picks up again.

Not sure I would waste my time fighting it.

Batgurl

wonski wrote: »

The only problem with vouchers is that if that company goes bust you will get nothing back.

I would probably take that 30% hit now (I know it could be a lot in case of Japan holidays) and next year you could find same package 30% cheaper anyway when the travel business picks up again.

Not sure I would waste my time fighting it.

But if you use the voucher to rebook and the travel agent goes bust, provided they are licensed and bonded and you have travel insurance, you should be protected?

wonski

Possibly, maybe... but you will be stuck with them for a while and only be able to use in same agent. Or not at all and deal with all sort of issues to get money back.

I know which option I would prefer at this moment.

Tefral

foodaholic wrote: »

My travel company cancelled our up coming trip to Japan
We where given two options
1 - voucher for 110% to be used by next year
2- refund minus 30%

T&Cs said we’d get a full refund if cancelled by them
I queried it and this is the response

“Given the extraordinary circumstances, we have decided we have no option but to change our policy. Our hand is forced in this instance by the Governmental guidelines and no longer constitutes a “cancellation by us”- as this was not our choice. Thus, we are not able to action any full refunds. This is reflective of what other tour operators are doing right now as an industry standard.”

The contract you entered into, is there a force majure clause? might be worth reading that.
Issue them with a counter offer on the 30%, tell them you will split it 50/50 so 15%...

Could you claim the 30% difference from your travel insurance. Maybe call them before any decision is made?

pm1977x

They may have shut or downsized and rebranded by then, I'd take the 30% hit, travel industry is going to be in tatters by the time this is over.

TaurenDruid

Yeah, call your travel insurance company. If the insurance will cover the 30%, grab it.

But call Conor Pope in the Irish Times, cos them changing a contract without your consent is illegal. They're hoping that the vast majority of people won't pursue their rights and will just settle for one of the two offers. Don't take the 110% offer, because they obviously can't be trusted!

dennyk

Batgurl wrote: »

If every person pushes for a refund, the business will collapse and you’ll get nothing. The credit offer +10% is quite generous given the circumstances.

It's very likely the company will go bust anyway, and then your 110% voucher is worth 110% of €0. I don't expect many OTAs to survive the coming recession/depression, or even this shorter-term travel lockdown. Frankly I'd take the 70% in cash and either do a credit card chargeback (for failure to deliver the purchased service), or see if your travel insurance will reimburse you for that last 30%. Maybe consider suing them for it in court if those don't work out, but most likely you're going to end up with nothing in the end because the company is shut.

Third_Echelon

Yeah, the voucher will likely be worth nothing this time next year.

Take the hit on the refund now and check with travel insurance if they will pay for the 30%.

Unfortunately a lot of travel related businesses won't survive this. We'll definitely see a few big airlines go bust too.

foodaholic

That’s what I’m most worried about that the company will fold by next year

There is a force majeure clause but is not very clear

GM228

Given the current situation it is likely that Frustration of Contract applies which basically discharges the parties of their contractual obligations.

Victor

There will be a proportion of companies trying it on, not because they are out of pocket or because the contract says X, but because they are greedy.

It would probably be worth your while talking to the Commission for Aviation Regulation https://www.aviationreg.ie/ or the equivalent regulator for the travel company. The European Consumer Centre https://www.eccireland.ie/ (site not loading at the moment) is another option.

General rule of EU law is that the travel operator is in a much better position to assess risk and use their insurance to reimburse the passenger.

foodaholic

Thanks I look into it