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I booked a bus tour last January and due to the travel restrictions and lockdowns the tour company cancelled the April tour dates. They offered me a voucher for future use good through 2022, but absolutely refused to consider a refund. The company owners are claiming Force Majeure as justification. Oddly enough, if I cancel the (now cancelled) tour, they will refund 65% of my money.
What would you do? Take the 65% and run like hell? Do a credit card charge-back?
Depending on what the contract explicitly lists as a Force Majeure, I'd be tempted to fight it on principle (that's if you can afford to do so). But if money is an issue, it may make sense to just take the 65% refund as it would cost a whole lot more to fight this issue in court. Alternatively, you can always call your state's consumer protection bureau and see if they can help.
Yes dispute with your credit card! They are canceling, not you so you should be able to get a full refund since they can not fulfill the original date of travel.
Yes dispute with your credit card! They are canceling, not you so you should be able to get a full refund since they can not fulfill the original date of travel.
Dispute is very risky. While that will get your money back.. The tour company can, and likely will, send it to collections. Well, they would in normal times. No idea what they'll do now.
Is the tour company US or foreign based?
And, as the poster above says.. What does your contract state? Read it fully. In fact, if you can tell us who the tour company is.. I'd like to read the contract.
Assuming that the tour company is operating within the terms of the contract.. You're kinda hoping for an exception from them, because.. They're not required to give the money back.
I'd start with a brief, polite letter asking for a refund. Don't go overboard on needless details. Short and sweet. Meaning here.. Don't go into a laundry list. People tend to do things like that, or forget the 'polite' part and then start throwing things in about their mothers dog dying or something. Stick to what's relevant.
If they decline. You're still not dead. I'd talk to a consumer advocate such as the folks at Elliott Advocacy - Here to help
Provide them with all your documentation and see what they have to say. They have a good track record. They are a non-profit, so won't cost you anything.. And they are considered 'media' which... Many times will get a 'goodwill' gesture just from getting them involved.
Dispute is very risky. While that will get your money back.. The tour company can, and likely will, send it to collections. Well, they would in normal times. No idea what they'll do now.
Is the tour company US or foreign based?
And, as the poster above says.. What does your contract state? Read it fully. In fact, if you can tell us who the tour company is.. I'd like to read the contract.
[…].
I talked to them and calmly made my case for a refund. The service rep refused to budge, claiming the “owners” had decided there will be no refunds, only vouchers. Oddly enough, if I initiate a cancellation (of an already cancelled tour!), they will refund 65%.
Anyway, I filed a dispute with the credit card bank. The tour company was paid for a future service they now cannot provide, and the “owners” have no justification to keep my money. It’s really no different than the situations with the airlines that cancelled flights.
[quote=TimAZ;57771545]I talked to them and calmly made my case for a refund. The service rep refused to budge, claiming the “owners” had decided there will be no refunds, only vouchers. Oddly enough, if I initiate a cancellation (of an already cancelled tour!), they will refund 65%.
Well, good luck. I'll be interested to hear the outcome. This sounds like a tour company that will fight the dispute.. And.. they may actually have a chance of winning the dispute.. Because the date for the tour hasn't occurred yet.. It'll all likely come down to the terms of the contract that you 'signed' when booking the tour.
If they fight the dispute.. Which I expect.. And they win.. Which.. I'd at least say is a possibility, but won't weigh in on how likely it is without being able to see the contract.. You're cut off at the knees. They then have zero reason to work with you at all.
Well, good luck. I'll be interested to hear the outcome. This sounds like a tour company that will fight the dispute.. And.. they may actually have a chance of winning the dispute.. Because the date for the tour hasn't occurred yet.. It'll all likely come down to the terms of the contract that you 'signed' when booking the tour.
If they fight the dispute.. Which I expect.. And they win.. Which.. I'd at least say is a possibility, but won't weigh in on how likely it is without being able to see the contract.. You're cut off at the knees. They then have zero reason to work with you at all.
The tour company has a merchant account to process their credit card transactions. Under that merchant account agreement they also have a contract where they agree to abide by the rules and regulations of credit card purchases. One fundamental principle in all credit card transactions is delivery. If a vendor cannot deliver a product or service, then legally they are not entitled to bill the customer for it. Accepting payment without delivery is fraud, and the credit card banks tend to frown on anything that even hints of fraudulent business practices.
I can’t fault the tour company for trying every trick to hold on to my money, they will likely be bankrupted by this mess. By the same token I plan to lever my rights as a consumer to try and get a refund.
The tour company has a merchant account to process their credit card transactions. Under that merchant account agreement they also have a contract where they agree to abide by the rules and regulations of credit card purchases. One fundamental principle in all credit card transactions is delivery. If a vendor cannot deliver a product or service, then legally they are not entitled to bill the customer for it. Accepting payment without delivery is fraud, and the credit card banks tend to frown on anything that even hints of fraudulent business practices.
I can’t fault the tour company for trying every trick to hold on to my money, they will likely be bankrupted by this mess. By the same token I plan to lever my rights as a consumer to try and get a refund.
You entered a contract. The terms of that contract are what you are bound by.
Tell me this. If you purchase a cruise from Miami to Cozumel, to the Bahamas and back to Miami.. and the ship never makes a single port. It sails a big loop and all that happens is you get on the boat and get off the boat in Miami..
Have they delivered what you purchased? Well.. Take a look at any cruise contract..
That's carnival, but every other one is the same..
Quote:
(d) Carnival may change the duration and/or itinerary of the cruise at any time. The Vessel shall be entitled to leave and enter ports with or without pilots or tugs, to tow and assist other vessels in any circumstances, to return to or enter any port at the Master's discretion and for any purpose, and to deviate in any direction or for any purpose from the direct or usual course, and to omit or change any or all port calls, arrival or departure times, with or without notice, for any reason whatsoever, including but not limited to safety, security, adverse weather, hurricanes, tornadoes, strikes, tides, hostilities, civil unrest, port closings, emergency debarkations of Guests or crew, late air, sea, car or motor coach departures or arrivals, mechanical breakdowns, US or foreign governmental advisories or travel warnings, all such deviations being considered as forming part of and included in the proposed voyage. Except as provided in Clause 7(c) with regard to early termination of a voyage, Carnival shall have no liability for any compensation or other damages in such circumstances for any change in itinerary, ports of call, ports of embarkation and debarkation, and/or or duration of the cruise, other than as provided by Carnival's change of itinerary policy at the time Guest or his agent acknowledges receipt and acceptance of the terms and conditions of the cruise ticket contract. Carnival’s change of itinerary policy can be found at on Carnival's Website or at Carnival's FAQ page.
Those contracts are written HEAVILY in the favor of the airline and/or cruise company or whatever. Carnival can just put you on a boat, go offshore, and 4 days later come back to the same port and.. They fulfilled the contract.
Look.. I hope things work out for you.. I think it's right that they SHOULD refund the money to you. I'm just cautioning that.. A dispute, I always look at as a last resort because of several reasons, the main one being.. If you lose.. That's it, as I mentioned above, they have no reason to work with you at all. The second is that people think if they win a dispute, that's it, it's all over. That's.. Not necessarily the case. Well, that and people think when the money shows up they've won and spend the money.. Then they lose the dispute, the money comes out and boo-freaking-hoo.
Whatever their contract says is what you agreed to. Would it be considered 'right' in this situation for them to keep your money and give vouchers, if that's what the contract says? From a legal standpoint.. Yes. From a customer service standpoint? Absolutely not.
I've disputed a couple of things with my credit card company and they are usually really good about following up with the merchant, understanding both sides, and forcing a resolution. I've been turned down on my dispute before but the very act got my charge reversed from the seller and the other time my credit card company stepped up and refunded me.
Perhaps you can call to ask them what their take is?
I have a friend who works for a company that does tours for high school drama students in New York City. They go to see a show, they get to go to something like maybe an improv class given by a Broadway actor, etc. Groups come from all over the country.
Of course they all started cancelling a month ago. When I asked if she was still working, she said yes, she has to answer the phone and listen to these people screaming at her because they won't get a full refund. It's in the contract that if there's a cancellation for whatever reason after a certain point, you lose some money because the salaries of the people who made all the arrangements for your trip still had to be paid. She feels bad for them, but...they signed the contract, and the salaries had to be paid for the work they did on their behalf.
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