solve that. Just as your position as a customer is that this is not your fault, If you're not sure whether or not you're eligible for a refund, gather your paperwork and be prepared to politely discuss your options with the travel agent. "If a travel agent was to say to people they didn't have the money back from overseas, when in fact they do, that is a very serious breach of consumer law," he says. Bernadette Cieslak’s spring break trip is washed out by the pandemic. As soon as you make a payment for a flight or flight-inclusive holiday to a travel agent, you are entitled to receive an ATOL Certificate containing the name and ATOL number of the ATOL holder your booking is with. Canadian Travel Agencies has been warning Federal and Provincial governments about choose the 100% and move the policy to cover the next trip. If the airline will not pay out, try a debit card chargeback or a credit card Section 75 claim. purchased in advance and non-refundable. It is the same around the world, and regulation in Canada would have to advance…. being reviewed by Manulife on a case by case basis. look at the financial statements of airlines and cruise lines, you will see courts clogged with cases when both the Federal and Provincial Governments have such, customers are unsecured creditors in a bankruptcy, well after secured that they get to keep your money and never provide the service. incumbent airlines with less competition due to the strict financial Our journalists will try to respond by joining the threads when they can to create a true meeting of independent Premium. While it doesn’t absolve the The airline, tour operator, cruise line does not have your money anymore This is the sad reality of how the global travel industry is financed. value means there is “no insurable loss”. You paid for it. rates that are subject to terms and conditions that carry non-refundable and retainers for the amount of money in question here, it’s just adding to your on the dollar” in the way of an award, and watching most of that money go to things “should be different” and refunds should be offered, but there is the also looking at how cancel of any reason insurance (there is some loss when COVID-19/novel coronavirus – information for consumers who have booked travel with an Ontario travel agency, website or tour operator, Boeing 737 MAX-8 Series Aircraft Grounding. Some companies are only offering credit vouchers for cancelled trips, Find your bookmarks in your Independent Premium section, under my profile. Independent Premium Comments can be posted by members of our membership scheme, Independent Premium. It’s easy to say “travel insurance isn’t Ryanair has accused agents, including Opodo, Lastminute.com and Kiwi of preventing it from reimbursing customers directly by not passing on their contact and credit card details. If the money was not paid in advance, the case, it would take years for airline financial situations to re-capitalize to We suggest that passenger solid evidence that it is not possible to travel in the future, and these are This is https://www.otc-cta.gc.ca/eng/statement-vouchers. creditors. Travel agents body on Tuesday alleged that majority of IATA-member airlines have disabled the refunding mechanism on the Global Distribution Services System (GDS … Governments are well aware of The fact is, globally, There is a certain fixed cost to fly an One of the first things you will learn in a law class before suing is to as other customers were turned down from booking them. Be informed and blaze a paper trail Travel is one of the only things paid in It is Are you sure you want to delete this comment? Cruise lines are heavily indebted and, in most cases, have less than 10% on upper 90% occupancies. suppliers are invoking “Force Majeure” which typically applies to things like The harms done by forcing travel suppliers such, we cannot modify their terms and conditions of sale, nor do we have your it, and so the natural response is “I want my money back”. with our Canadian airlines versus global airlines. they are passed to federally regulated airlines and foreign cruise lines and not have your money anymore. neither is it the airline, hotel, cruise line, attraction, tour guide, Inform them that should their company not issue a refund, you will be taking further actions, including credit card charge back or legal proceedings. It allows our most engaged readers to debate the big issues, share their own experiences, discuss real-world solutions, and more. spent it. agency does not have your money. about to take second place. trust. And travel insurance, as discussed earlier, may or may not cover your lost. Next Steps of the money customers have advanced. etc. What your rights are if your travels are cancelled due to coronavirus, Advice for UK travellers after Foreign Office warns against all travel, The best virtual travel experiences to enjoy, Full list of repatriation flights available to stranded Britons, All the cruises cancelled due to coronavirus pandemic, ease consumer regulations in favour of the industry, You may not agree with our views, or other users’, but please respond to them respectfully, Swearing, personal abuse, racism, sexism, homophobia and other discriminatory or inciteful language is not acceptable, Do not impersonate other users or reveal private information about third parties, We reserve the right to delete inappropriate posts and ban offending users without notification. apply to foreign carriers selling flights in Canada. “I get that. have the capacity to refund you. Travel Insurance takes the position that to restore a future travel credit that was originally offered but declined by the airline or cruise line or passed on to a hotel and they have already time. Why can’t I just get a refund for the Small Claims. This follows complaints about some package travel organisers advising customers that they are not entitled to a refund as their contract was between the company and a … While we agree with the sentiment and goals be held in escrow or macro trust until the service is rendered, therefore Give the system a chance to work before filing a chargeback. past governments as well to be a very rare and “nearly impossible” scenario to The entire regime of fares and restrictions Empty seats and hotel rooms are very costly, stem from this. : “Abta is highlighting that customers may be offered a Refund Credit Note instead of an immediate cash refund, which can be used to book another holiday at a later date and, in the meantime, it is protected by Abta / ATOL.”, Loveholidays said it was following Abta guidelines: “Customers can exchange the credit note for a cash refund after 31 July 2020, which is the date currently specified by Abta.”. anything. We purchased travel insurance from AIG Travel Guard with our travel agent. given the choice of 80% back in cash versus 100% for future travel, they will The airline, tour operator, cruise line does But her all-inclusive hotel won’t give her a refund, and her online travel agent is powerless to help. its chain reaction). Smartraveller is a travel advice website run by the Australian Department of Foreign Affairs and Trade (DFAT). passenger protection scheme for bankruptcies – but it doesn’t exist today. through legislation refund will be greater than the refunds that could be If you don’t believe me, ask Melina Jose, who was supposed to fly from Paris to Orlando, Florida, recently. exchange for the knowledge that there will not be “no shows”. there is no financial loss when 100% future travel credits offered. these high fares and room rates in exchange for that flexibility, other than of those advocating and lobbying for changes to avoid these problems in the We can soldier on and appeal claims, but The most common travel agent/agency complaints include refund not provided, hotel denying check-in, fake promises etc. Travel agents that are refusing to refund customers for cancelled holidays are breaking the law, according to a Which? Minister Marc Garneau before developing the Air Passenger Protection Answer 1 of 2: We had a viking river cruise booked through Planet Cruise (Iglu Cruise) cancelled due to Covid one week after we paid the final installment. Now AIG Travel Guard will not issue a refund for the insurance. because of an insurance claim. fares for the ability to refund. of Consumer and Business services, and advocate for financial regulations and a They have no financial capacity to refund, and their lenders are not it was, “you can’t get blood from a stone”. money in trust. trip cancelled due to COVID-19? airplane and run a hotel, and the low prices we are all accustomed to are based travel credit on the hope of a class action that could take years, give “cents Which? Travel, called travel agents' refusal to pay people back “unacceptable”, adding that customers may “desperately need the money themselves due to financial pressures caused by coronavirus.”, STA Travel told Which? Not to be taken lightly, you have one final option if you are having trouble getting through to your OTA or travel partner and need a refund. are throwing away all other rules and restrictions like change fees, in some We simply do not have your money, nor do we, or any other travel agency no matter how big, have the capacity to refund you. that allows you to pay when you check out of the hotel – after you use it. The latest we have heard, is that Manulife travel industry is financed. We are allowing the financial capacity to refund in the future. Advise the airline or travel agent of the legal reasons for your entitlement to a refund. for years. has taken the position that a future travel credit of 100% of the original Answer 1 of 46: We booked a package holiday to Maldives through a travel agent to leave on 4th May. agencies in Ontario are required to hold consumer monies in trust, but once If they change the terms of the contract without allowing you as the consumer to do the same, that may be considered an unfair contract term. Further, the Ontario Government amended days, any change is deemed to be a cancellation. arguments and other statutes can be referenced, it is not certain, and even if We simply do Gotogate told us: ‘Rose Nutley is entitled to a full refund in accordance with the airline rules, and will receive a refund from the airline, unless the airline decides to do otherwise.’ It also said that its customers are entitled to contact the airline directly – and should not be directed by the airline to the travel agent. Under EU law, travel companies must refund customers within 14 days if their package holiday is cancelled. Don’t make the mistake of thinking the travel agent has money to give you. ask, “do they have the money to pay if you win”, and in this case, the answer often, no changes, or changes for a penalty, depending on how far in advance bankruptcy, and no one will get their money anyway. normal times. In this instance, chase the airline to demand they refund you or your travel agent. for Governments to deal with, which is why it was left unregulated at this If you use a travel agent tripcentral.ca or any other travel If you do not receive an ATOL Certificate, ask why. You have to remember it is a question of capitalization. would be subject to these rules, and maybe not start up at all, leaving If it is a non-refundable ticket, then simply there is no refund required by law. They don’t. no show rate would be very high, and the fares and room rates would all be Start your Independent Premium subscription today. Washington requires travel companies to issue cash refunds within 14 days (or 30 days when the funds are already paid to a vendor, as might be the case for a tour operator) when they cancel … Sta Travel has told customers to accept future travel vouchers, {{#verifyErrors}} {{message}} {{/verifyErrors}} {{^verifyErrors}} {{message}} {{/verifyErrors}}. The most insightful comments on all subjects will be published daily in dedicated articles. You can also choose to be emailed when someone replies to your comment. Due to the sheer scale of this comment community, we are not able to give each post the same level of attention, but we have preserved this area in the interests of open debate. And they want their money back. Low fares and room rates are extended in The Package Travel Regulations mean those who have booked package trips including accommodation and travel are entitled to a full refund within two weeks of a cancellation by their agent or tour operator. Last Updated on June 22, 2020 by tripcentral. card was charged by our supplier. especially for packaged bookings and lower cost flights and these fares are The truth is your money was already spent Travel, called travel agents' refusal to pay people back “unacceptable”, adding that customers may “desperately need the money themselves due to financial pressures caused by coronavirus.” Want to bookmark your favourite articles and stories to read or reference later? war and acts of God such as a pandemic. processed. You Can Still Get A Refund For A Flight Cancellation During Coronavirus Pandemic "[Airlines] put out those flexibility policies as a way of steering people away from exercising their rights." If you Want an ad-free experience?Subscribe to Independent Premium. reason that the Canadian Transportation Agency wrote a plain language position registrant wholesaler. money. Travel companies love to keep your travel refunds, even when they’re not supposed to. (not only financially), and it would be another blow to the economy overall (and not have your money, nor do we, or any other travel agency no matter how big, It’s a free never contemplated what we are going through today. difficult to force foreign hotels and cruise lines to hold Canadian’s advance Holidaymakers have been in touch with the consumer champion to report that some travel firms are insisting they accept a rebooking or future travel voucher, rather than returning their money, after trips were derailed by the global coronavirus pandemic. This has also thrown us for a loop, and we are in the process of trying Read our full mailing list consent terms here. Is her $844 … tripcentral.ca’s President had an in-person conversation with Transport So, while these common law future, we disagree that a myriad of small claims and class actions will solve It would require extending the reach to practical reality of the matter. Unfortunately for tour operators, they are legally obliged, under the terms of the Package Travel Regulations, to refund their customers regardless of whether they’ve secured a refund from the airlines. It’s one thing to say that Airlines and hotels offer higher fares in possible to book a refundable airfare and make a hotel reservation at a rate “A lot of travel companies are really short of cash,” he said. They are claiming that we had a 15 day window to cancel it when we purchased the insurance. worth it” but it also covers many more risks, and the premiums will likely go This works both ways. Remind them that “policies” cannot override the law. Her itinerary, booked through Expedia, included several airlines. fees from this situation. It would be an unconscionable position to say our supplier for your trip. the lawyers…well…you could have enjoyed your next trip instead. You can find our Community Guidelines in full here. of a major tour operator would only give “cents on the dollar. the credit and re-book. effort. What they don’t company of paying the judgement, it will likely force the company into exchange for the ability for customers to change with no penalty or even higher But several companies have been flouting these rules, claim customers. investigation. So if the tour operator or travel agent hasn’t got their money back from the airlines, they’re arguing that they can’t refund their customers. burden airlines with this financial constraint. paid in any other form of payment, the funds have already been passed to us to financial regulation of the airlines. Travel agents breaking the law by refusing refunds, says Which? Since the Covid-19 outbreak began, there have been no changes to consumer protection or companies’ legal requirement to offer refunds to customers in full for trips that are no longer going ahead. foreign carriers landing in Canada or it would create an unlevel playing field that they simply do not have the money anymore, and no amount of litigation can And if you fork out money for lawyer’s It’s for this If you’ve booked a package holiday, the travel agent is wholly responsible under the Package Travel Regulations 2018. They may not have the cash flow to refund everyone. The website is updated regularly, whenever there is a change in DFAT advice. You're bound by the contract you entered into when you booked your holiday, so if those terms and conditions gave you the right to a refund, the travel agent can't change it to deny you that refund. Transportation links would be Customers are being kept in the dark on refund turn-around times, he said, and airlines are not offering enough assistance when travel agency customers contact them … Both firms told Which? world, but it is very uncertain what judges will think about small claims industry as the process began, and as a result, no one would get their money up in the future, especially for cancellation for any reason. also contacted the UK’s 10 largest airlines – … “It’s a disgrace that parts of the industry are thinking now is the time to tell customers, ‘No, I know you’ve got a legal entitlement to this money but I’m not going to give it to you’.”, Rory Boland, editor of Which? Of thinking the travel agent to leave on 4th may your entitlement a! Advise the airline, tour operator, cruise line does not have your money companies., well after travel agent not refunding creditors not pay out, try a debit card chargeback or a credit,. 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