Trying to get a refund for Holiday - Travel Agent not being helpful

[Brianp123]

We booked a holiday to Disneyland Paris with Hays travel, and this has been paid for in full (the deposit was paid on a debit card and the balance was paid on a credit card).
Having finally got through to Hays to request a refund, they have sent and e-mail that states "Disneyland Paris are not offering refunds" and we have been offered vouchers that are valid for 18 months (and the current price is valid until September this year).

We have also received a reply from Disneyland Paris via Twitter which says that they cannot help us as we did not book the holiday direct with them - although Hays said that "they have to go with what Disneyland Paris say" in order to get us to accept the vouchers.

As I want a full refund I just wanted to confirm that my contract is with Hays Travel and that they need to provide the refund - is this correct?

I am just looking for some advice on the best way forward - I am not sure whether to go via Hays Travel, our Travel Insurance, the Credit Card Company or ABTA etc. and any advice would be greatly appreciated.

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[Polinaqwerty]

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[ostell]

Who did you actually pay?

[Brianp123]

Who did you actually pay?

Thanks for your reply.

We actually paid Hays Travel.

The latest update is that Disney are saying that we need to deal with Hays (as we did not book with Disney direct - seems reasonable) however Hays are now saying that they "cannot refund us before they have received the refund from Disney, and this may take some time as Disney are working through claims in date order" (our holiday was booked for the 8th June).

My initial thoughts are that we paid Hays, our contract is with Hays and therefore Hays need to refund us - and however they manage their cashflow with Disney is their issue to resolve.

Sounds harsh, but my wife is self employed and not earning and this was going to be our first family holiday (our son is 5) so we could do with the money back sooner rather than later!

[ostell]

Did you pay by credit card?

[Brianp123]

The initial deposit of £1,200 was paid with a debit card and the balance of £2,600 was paid on a credit card.

[R0b]

The latest update is that Disney are saying that we need to deal with Hays (as we did not book with Disney direct - seems reasonable) however Hays are now saying that they "cannot refund us before they have received the refund from Disney, and this may take some time as Disney are working through claims in date order" (our holiday was booked for the 8th June).

My initial thoughts are that we paid Hays, our contract is with Hays and therefore Hays need to refund us - and however they manage their cashflow with Disney is their issue to resolve.

Well that's a change of position from your initial post, what made them change their mind? Your contract is with Hays Travel and you are absolutely right, the fact that DL are working through refunds in date order, does not affect your right to a refund because the law hasn't changed although guidance from ABTA have suggested that travel agents should discuss alternatives other than a cash refund - sadly they're simply refusing.

Obviously you are entitled to a refund and you can insist on it but if they don't play ball, then your option is to look down the legal proceedings route. If you can wait for the cash, probably due in the next 3 or 4 months, it's not unreasonable to ask for interest from the travel agent as compensation in lieu of receiving your refund within the 14 day window.

You could look to your credit card provider and seek a claim under s.75 of the consumer credit act but I'm not sure they're responding much either to be honest, I know mine isn't. Also, if you have travel insurance and are covered that could be another option, but check whether any excess is applicable.

We're all in difficulties and if you really want a refund, then Hays should process it. If they don't, you have the options above.

[Brianp123]

Thanks for your help.

Hays rang my wife last week with the update - they said that they will ring us again next week. It's difficult as the person we speak to only knows what they are told - and if that is they need a refund from Disney before they refund us then that is what they tell us

Will see what they say next week, I just want to understand our position (although it seems that Holiday Companies, Credit Cards and Insurers etc. are not doing what they should be doing).

Hopefully a high percentage will accept a voucher and they will then pay those who want a refund, its just weighing up what is a reasonable time to wait as potentially the longer this drags on then the less likely we are of getting a refund.