I have had a letter from First choice because I complained but no refund! Anyone got any ideas as to what is an acceptable waiting time for them to refund MY money?
Thanks for any replies.
I had my holiday cancelled at the Kos aqua beach club 5 weeks ago, and went on an alternate holiday to Turkey. which was nearly £1,000 cheaper.
I have had a letter from First choice because I complained but no refund! Anyone got any ideas as to what is an acceptable waiting time for them to refund MY money?
Thanks for any replies.
I have had a letter from First choice because I complained but no refund! Anyone got any ideas as to what is an acceptable waiting time for them to refund MY money?
Thanks for any replies.
I think you have waited long enough for your refund Samantha!
get on the phone to them first thing and see what they have to say for themselves.
Kath HT Admin
get on the phone to them first thing and see what they have to say for themselves.
Kath HT Admin
I went into the shop today but its an independant travel agents and they are chasing it up for us it has to go through 2 accounts??? but I will go there tomorrow and ask for the number for first choice myself.
Thanks
Thanks
Ah right. You might find that First Choice wont deal with you direct then.
They must mean they have to wait for a refund from FC before they can refund you - still seems a long time!
Kath HT Admin
They must mean they have to wait for a refund from FC before they can refund you - still seems a long time!
Kath HT Admin
The simple answer is 10 days.
Above is an extract from ABTA code of conduct - copyright is acknowledged.
Threaten to charge interest at 5% above Bank of England base rate for the time taken to refund after the 10day period they should have complied with. Put all correspondence to First Choice in writing and send by "signed-for" delivery - copy to your Travel Agent.
If not joy within 10 days of letter being sent, and if you originally paid by credit card - contact your card issuer and reclaim the money back from them first explaining the circumstances. Sounds like First Choice were initially in breach of contract if they cancelled your holiday - and that warrants taking legal action against EITHER First Choice OR the card issuer - but only providing you paid at least £100.01 of the holiday by credit card.
Mike
(iii) If a Principal makes a significant alteration to previously confirmed Travel Arrangements he shall
inform Retailers and direct Clients without delay and shall offer Clients the choice of either:
(i) accepting the alteration; or
(ii) cancelling the Travel Arrangements and receiving a full refund of all monies paid. Such
refund shall be sent to Retailers and direct Clients within 10 days of receipt of the
notification to cancel; or
Above is an extract from ABTA code of conduct - copyright is acknowledged.
Threaten to charge interest at 5% above Bank of England base rate for the time taken to refund after the 10day period they should have complied with. Put all correspondence to First Choice in writing and send by "signed-for" delivery - copy to your Travel Agent.
If not joy within 10 days of letter being sent, and if you originally paid by credit card - contact your card issuer and reclaim the money back from them first explaining the circumstances. Sounds like First Choice were initially in breach of contract if they cancelled your holiday - and that warrants taking legal action against EITHER First Choice OR the card issuer - but only providing you paid at least £100.01 of the holiday by credit card.
Mike
We are taking action over the late cancellation as it was 12 days notice which just isnt acceptable.
I have just rang again and said that I will take further action if I don't get a satifactory answer by today and also said that I want interest that my bank account could have been earning on this money in the last 5 and a half weeks.
I have just rang again and said that I will take further action if I don't get a satifactory answer by today and also said that I want interest that my bank account could have been earning on this money in the last 5 and a half weeks.
As I finished typing the above message I had a call saying the refund will be with me tomorrow. Just waiting for the compensation now so not too sure on the rules about that as they havent even paid us the standard compo let alone any more we have requested!
Thanks for all your help
Thanks for all your help
SamanthaJ,
the section beow might add some weight to your claims for compensation. Note Clause 3 a - they are able to cancel in the event of lack of sales. You should carefully check the booking conditions relating to cancellation and see what is due back to you should they cancel so close to your departure date. I suspect that if YOU chose to cancel with just 12 days notice you'd loose ALL your payment.
If the payment amounts are not clearly stated you might be best seeking legal advice.
The above quote is extracted from the 1992 Package Travel Regs. and recognises the Crown Copyright.
The full act is accessible here:
http://www.opsi.gov.uk/si/si1992/Uksi_19923288_en_1.htm
Good Luck,
Mike
the section beow might add some weight to your claims for compensation. Note Clause 3 a - they are able to cancel in the event of lack of sales. You should carefully check the booking conditions relating to cancellation and see what is due back to you should they cancel so close to your departure date. I suspect that if YOU chose to cancel with just 12 days notice you'd loose ALL your payment.
If the payment amounts are not clearly stated you might be best seeking legal advice.
Withdrawal by consumer pursuant to regulation 12 and cancellation by organiser
13.-(1) The terms set out in paragraphs (2) and (3) below are implied in every contract and apply where the consumer withdraws from the contract pursuant to the term in it implied by virtue of regulation 12(a), or where the organiser, for any reason other than the fault of the consumer, cancels the package before the agreed date of departure.
(2) The consumer is entitled-
(a) to take a substitute package of equivalent or superior quality if the other party to the contract is able to offer him such a substitute; or
(b) to take a substitute package of lower quality if the other party to the contract is able to offer him one and to recover from the organiser the difference in price between the price of the package purchased and that of the substitute package; or
(c) to have repaid to him as soon as possible all the monies paid by him under the contract.
(3) The consumer is entitled, if appropriate, to be compensated by the organiser for non-performance of the contract except where-
(a) the package is cancelled because the number of persons who agree to take it is less than the minimum number required and the consumer is informed of the cancellation, in writing, within the period indicated in the description of the package; or
(b) the package is cancelled by reason of unusual and unforeseeable circumstances beyond the control of the party by whom this exception is pleaded, the consequences of which could not have been avoided even if all due care had been exercised.
(4) Overbooking shall not be regarded as a circumstance falling within the provisions of sub-paragraph (b) of paragraph (3) above.
The above quote is extracted from the 1992 Package Travel Regs. and recognises the Crown Copyright.
The full act is accessible here:
http://www.opsi.gov.uk/si/si1992/Uksi_19923288_en_1.htm
Good Luck,
Mike
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