Talk Morgan Forums Community The Malvern Arms ABTA/ATOL' protected holidays' er sort of sometime

As from recently as some of us may know they the above are no longer refunding package holidays and are asking us to 'discuss' with our holiday providers . Essentially we are into refund credit notes which are redeemable at a future date if we can't agree on changing our holiday for another one - no one can go on holiday abroad anyway- and then waiting until they get round to refunding us ! Its not law but its whats now happening if you look on the ABTA site .

On Pistonheads a lawyer has posted info about “frustrated contracts”. These are contracts that for some reason beyond the control of either party cannot proceed. The current Covid19 makes this such a scenario. I asked about a planned trip to this year’s Jersey Festival booked by a group of us via Scenic Car Tours. Deposits only paid as the full payment date came after the decision to cancel. The event was cancelled so there was no way the contract/booking could proceed. He replied that it was probably a frustrated contract ( note not definite...lawyer speak). As such there could be a legal course of action available to reclaim monies. A trade organisation changing their mind about refunds would not supersede a law that was in place. So you could push for this option as there is a legal precedent. Whether or not the travel company stays in business is a consideration but any credit notes would be worthless then anyway if they went under.
As for the Jersey trip, I think all of us have opted to reschedule to next year when the event should go ahead. No big money total tied up so a minor gamble.

It’s a real shame for anyone needing a refund, but there probably isn’t enough money there to give back. This is just the start of it I think, too many companies spend the money they haven’t earned yet, when it should be set aside to pay for the services the purchaser paid for, lots of other industries up to their necks.