Broadway Travel – Cancelled Holiday – reluctant to refund

[suemo63]

We bought a package holiday through Broadway Travel last year for early June, it’s been cancelled.

They asked us to bare with them in 1 t email and then got 2nd one saying we could have a voucher and rebook, which we don’t want.

 

I’ve tried calling and emailing but no replies.

Only phone line working is to book a new holiday and they won’t give an alternative number.

Only emails being replied to are if you want to rebook.

 

Any advice as to how I can get my refund please? 

 

 

.

[honeybee13]

This thread might have some useful information for you.

 

 

HB

[suemo63]

Hi thanks for that.

I’m hoping for my refund before then to be honest.

Which and Martin Lewis were saying should be entitled to it after 14 days so why months, wrong.

 

thanks Sue

[BankFodder]

I quite agree. You should be entitled to as soon as possible – and 14 days seems extremely reasonable to me.

Please will you tell us the holiday company. There's no reason to protect them here.

How did you pay the money?

Sorry I just noticed that it was Broadway travel.

How did you pay the money?

[BankFodder]

I notice that Broadway travel give advice as to what may happen if you cancel your holiday – it includes cancellation charges. It makes absolutely no mention of what happens if they cancel the holiday.

Extremely unfair of them.

I think I would not be comfortable with a company that took such a one-sided and self-serving defensive view

[suemo63]

Hi my husband made 2 payments on his credit card I think.

 

Broadway would you believe they’ve just rang me and asked if I wanted to rebook, I said no.

 

When I told the lady I wanted a refund I was told she couldn’t do that.

 

Apparently they're not in a position to give money back at the minute.

 

How can they credit customers then!

Sadly I just don’t know where to go about this.

[dx100uk]

If you paid more than £100 by credit card

Go do a section 75 grabback to the credit card company..

they are equally 100% liable.

 

stuff the holiday co.

 

Dx

[suemo63]

Ah thanks. Does that mean I’m entitled to it all back off credit card company?

 

Sue

[dx100uk]

 

 

dx

 

[suemo63]

Hi my husband paid the original amount on a credit card which he now hasn’t got.

He cleared that account when he did a balance transfer.

Whst can we do in these circumstances please?

[BazzaS]

The CC company is still equally liable under S.75, even if the account is now closed.

They’ll have to make any refund direct to you, rather than to the card account.

[Peterbard]

Sorry but, if the OP paid the broker and the supplier was someone else the section 75 cannot be used.

 

There re though plenty of of other remedies through the guides and regulatory bodies.

[suemo63]

Can you please tell me what I can do then.

Why isn’t section 75 allowed to be used too please?

Others are saying it can be.

 

thanks Sue

[dx100uk]

ofcourse section 75 is applicable..

 

 

[suemo63]

Shall I continue trying to get refund off the credit card then? Thanks

[dx100uk]

cant hurt you

 

dx

 

[Peterbard]

Well, I suppose, but it is not applicable.

 

In Martin we trust https://www.moneysavingexpert.com/credit-cards/PayPal-Section75/#chargeback

Does PayPal ever work for Section 75?

Does PayPal count as Section 75 protection?

But with PayPal, in simple terms, you’re paying PayPal and it's paying the retailer. Therefore, even if you’re just putting your credit card details into PayPal to pay, it counts as an agency, the path is broken, therefore you don’t have Section 75 protection.

 

Is there not n advice a sheet on here for section  75 and chargeback?

[dx100uk]

already in this thread....

the OP did not choose to use PP,  i'e paid by using their PP a/c

did? the retailer use PP as a payment portal to themselves,?

section 75 is valid.

 

[Peterbard]

Nope the problem remains. The PP was not the supplier, ;one one of section 75, the thee parties must be the buyer the crediror and the supplier. In any case with or without the PP issue, the payment was not made to the supplier.

 

There are many dodgy dealer who ue paypal a a way o avoid section 75.

 

More info for you to puruse. https://www.kemplittle.com/blog/chargebacks-section-75-travel/

 

Section 75 Consumer Credit Act 1974 (s.75 CCA)

Where a customer has made a booking using a credit card, they will be entitled to claim a refund for the booking where the service has not been performed and this has resulted in a breach of the provider’s terms and conditions. S.75 CCA makes the card provider and the travel provider joint and severally liable so the customer only need notify its card provider to initiate a claim. S.75 CCA can only be used for amounts between £100 and £30,000, but can be used even if only a small portion of the booking was made on the credit card and e.g. the rest was paid by cash. The customer would still be able to recover the full amount through the claim.

When can’t s.75 CCA be used?

Where the booking has been made via a third party, such as a travel agent, a s.75 CCA claim is likely to fail as the direct link between the card provider and the travel provider has been broken. Therefore, if your terms and conditions make it clear that you are acting as an agent for the travel provider, you should inform the customer of this promptly as they will not have a claim against you.

In addition, s.75 CCA cannot be used where there has been no actual breach of the terms and conditions between the travel provider and the customer. For example, if the flight or hotel was still available, it does not matter that the customer was unable to get to it (or did not want to travel) because the travel provider has fulfilled its contractual obligation to provide the service. If the provider’s terms and conditions include a force majeure clause to the effect that the travel provider is excused from performing its contractual obligations where there is a force majeure event (and coronavirus qualifies as a force majeure event), then provided the terms and conditions were properly disclosed to the cardholder, the cardholder will not have a claim under s.75 CCA.

could explain the term in the legislation, but it is already common knowledge and readily available on the web. I am genuinely surprised you have not come across this before.

 https://www.kemplittle.com/blog/chargebacks-section-75-travel/

As said teh answer is a straight forward claim in equity against the broker.

DX With respect

When you pay a bill via PayPal , you do so through your own pay plan "portal".

 

https://techboomers.com/t/what-is-paypal

 

I make no other comment.

[dx100uk]

no.

if the purchaser did not hit the paypal link on the sellers website to pay...

but paid them using a credit card , filling in the cards relevant details,

then it is a credit card payment covered by section 75.

the fact that the seller used PP as a portal to them is immaterial.

 

but PP is nothing to do with this thread...

 

the op needs to prove that the seller did not tell them and does not have, that clause you mention above in their T&C's. 

 

as usual, another thread derailed by pointless introduction of your confusion...

 

 

 

[Peterbard]

The only thing which was derailed, as you put it was your mistaken advice.

Would you rather he would have followed it?

 

[Peterbard]

 

The OP would have left this (if he has), because he has no longer any confidence in the advice given. I am afraid that is down to you DX, yet again.

You are also wrong regarding the relevance on here, as the OP said he payed by PP. Even so section 75 would not be applicable for the reasons given.

Would you rather the OP pursued an incorrect path, just to suit your ego?

[AndyOrch]

Quote

Hi my husband paid the original amount on a credit card which he now hasn’t got.

He cleared that account when he did a balance transfer.

 

 

You will have to speak to them and arrange a manual credit to your current account....once the transaction has been returned.

 

Andy

[suemo63]

Thanks to all the replies. I’m not sure where PayPal comes in however as I’ve never mentioned it. As stated it was payed on 2 desperate credit cards. 

I’ve been in contact with bank and they’re saying they’ll only pay people under section 75 if the stent offered anything. Apparently if they give you a credit voucher you can’t claim.

[Peterbard]

Its relevant because it is well Known but the same reasoning applies. In both cases the payment is made to an intermediary and in both cases the section does not apply.

 

You now have confirmation.