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Using chargeback for flights?

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Hi everybody at CAG.

 

I booked flights (for September) a month/ 6 weeks ago through on the beach. Checked them several days ago and was unsure who the flights were with. After ringing them they confirmed Gold trial.

 

Now I understand flights only may not be ATOL protected so have rang my credit card company which is Nationwide. I now have a form to fill in and need to provide evidence of sale (receipt) and a liquidation document. I have looked on GT's website and there are several PDF's but I am not sure which one to use?!

 

Should I include a covering letter to outline other details of the sale?

 

Thanks for your time,

 

Chris

 

MODS: This has also been posted in another section. Please remove if this breaks CAG rules.

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Say ATOL here:

 

Goldtrail Travel Ltd, trading as Goldtrail Holidays, Goldtrail Travel and Sunmar, held ATOL licence 4684 and was based in New Malden, Surrey.

 

Insolvency Point - Goldtrail

 

It also gives the name of the insolvency company if you should need that.

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You don't say what amount, and what card.

 

If flights only, there's no ATOL fund to call on, but who took the money, Goldtrail or On The Beach?

 

If the latter, they may be deemed a processor/intermediary and as they are not in liquidation, you may be referred to them.

 

If a Credit Card, you have Section 75 protection for amounts over £100 if you paid directly. If a Debit Card, you may be stuffed UNLESS it is Visa, which has a seperate customer satisfaction protection plan.

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£400 - flights to Turkey and back for me and my girlfriend. Nationwide credit card (visa).

 

Paid through onthebeach so I am guessing they act as the 'middle man'

 

Thanks for your previous replies. Chris

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Looking Good on all fronts, I'd ask OTB for your money and see what they say. Only their refusal will trigger the s75 claim.

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Thanks again Buzby.

 

Would I need this refusal in writing? My only concern is the letter from nationwide needs returning within 2 weeks. What do I do if they agree minus administration fees ect?

 

Just checked the actual transaction and it was made on the 30th of May which is about 8 weeks ago. The payment was also taken in 2 transactions of £361 and £51.

 

Thanks Chris

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Do it by email to speed things up. Admin fees should not be an issue, you are seeking repayment not because you changed your mind, but because of their suppliers inabilioty to perform.

 

So remember, a s75 claim only works on a single transaction, they cannot be aggregated - so only the £351 is valid.

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Something along the lines of:

 

Onthebeach Refrence: xxx

 

 

I am requesting a full refund for flights I booked on (date) due to the liquidation of Gold Trail.

 

Any other info needed?

 

Chris

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Heck yes.

 

"The following undernoted transactions were debited by your company in respect of flights to be provided by GoldTrail (List flights/names)

 

Date of Card Debit - Reference - Description - Amount

ditto

 

The total amount I require in refund is £XXX.XX. I look forward to receiving this within 28 days by way of a credit to the same card provided for payment. ""

 

Then wait!

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Thanks once again. I will keep you updated.

 

Chris

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Do - we're rootin' for you!

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No reply from them via email yet?

 

Any suggestions?

 

Chris

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bit concerned about this:

 

Where customers use a credit card to buy airline or other travel tickets from a travel agent, they cannot normally claim against the travel agent if the airline delays or cancels the flight. This is because the travel agent contracted to supply the ticket, not the flight. So the customer would not have a claim under section 75 either.

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Correct. This issue is based on the agent not providing the service as required by the customer. You need OTB to refuse you to allow the Visa assurance scheme to kick in. You'll not be alone in this, hence the delay!

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Thanks again.

 

Do I wait on replying to the bank? Currently at the 2 week limit by the banks dated letter although I have only had it for 1 week.

 

On the beach has also removed my account so no longer able to log in. Shall I ring them?

 

Chris

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Yes - to find out what is happening, then confirm this to them in writing if need be,

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Just off the phone to 'OTB' and this is what they say.

 

Flights only through them is protected via ATOL.

 

If I try to go through my credit card and they pull the money back from OTB, OTB will charge me or pass the bill on to me - or something along those lines... They were reluctant to give me a confirmation of no refund as she told me to go through ATOL.

 

What happens now?

 

Chris

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They're talking nonsense. ATOL only bond holidays (flights and accommodation). Shame you didn't get it in writing. Do a chargeback if you can. Sure they can pass a bill on to you - but for a service you never recieved? That's clever, I doubt they'll succeed if they try that in court!

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The lady on the phone put me on hold and asked an advisor who was "sorting all these GoldTrail problems out, so he should know!" :rolleyes: lol.

 

I will get this off to nationwide and let you know of the outcome.

 

You have been a great help Buzby.

 

Chris

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Just filling out my forms to the bank...

 

Is the merchant 'On the beach'?

 

Do I include a copy of the email I sent OTB requesting a refund? I can pen in that I have had no reply - near enough a refusal?

 

Chris

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There are two scenarios, in that (a) they are wilfully misleading customers as they don't want to be left with the debt as they own. (b) They're making it up as they haven't a clue.

 

I'm with (b) because saying flights only are bonded by ATOL is so wrong it isn't even funny.

 

Keep us posted!

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Just received an email:

 

Good Afternoon

Many thanks for your email.

As you flights were covered through the Atol scheme your refund will be provided by the Civil Aviation Authority (CAA). Further details of this process can be found on our website. We are not liable to refund the costs of your original flights.

If you have any other queries please do not hesitate to contact us.

Regards

Amber

 

Should I reply putting them right and telling them how I shall be proceding or just wait on the bank? Posted my chargeback paper work today.

 

Chris

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I recall the ATOL site has a Q&A you can cut and paste their statement that flights only are not covered. Then send both statements to your bank chargeback department!

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Hi Buzby. I can't seem to find the right part to copy from: http://www.caa.co.uk/default.aspx?catid=1080&pagetype=70

 

Reading through it all there seems to be no section that specificly says 'flights only are not covered'. It also quotes flights only will be covered if your flight company is ATOL protected and you had confirmation of this. I paid an extra £1.75pp for 'Total Finantial Protection' what ever this is?

 

Very confused, chris

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