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Another thread has covered in good detail how the refund process works with airline reservations. Thanks to tips there, I have gotten refunds for several cancelled flights and vouchers for those that I cancelled. But my question has to do with tours.
My husband was going to take a trip to Egypt with a friend while I was walking this summer. He was going on an organized tour, a first for us, so I am navigating the unknown. The trip was cancelled, no surprise there. But what has been surprising is what happens next. The company has automatically booked him and his friend on a similar trip next May. Foolishly, I had assumed that tour companies were subject to the same legal regime as airlines, and that if they cancelled the trip, a refund would be in order. That is not the case.
Nor is it the case that our “cancel for any reason” trip insurance for this trip will entitle us to a refund. There is a difference between “specified reasons” (refund available) and “other reasons” (voucher available). Pandemics are not a “specified reason,” which I already knew.
So we really have very little wiggle room here — the only realistic option seems to be to let them keep our money for a year and hope that the trip goes next year. Our existing “cancel for any reason” travel insurance has been rolled over to cover the rescheduled trip and will entitle him to a refund if he cannot go next year because of health reasons, so I guess we are pretty well covered. I am doubtful that the trip will go next year, or that his doctor will authorize him to go next year if there is no vaccine. I have learned that some tour companies have bent to public pressure and offer partial refunds if the traveler is willing to give up 20-30% of the paid price, and that seems like a more fair way to go. I totally understand that it is unrealistic to think these companies can provide total refunds for all of their booked business, so I’m wondering what all the Camino tour companies are doing.
Buen camino, Laurie
Hola Laurie - thanks for this post. The sentence about "I am doubtful that the trip will go next year, or that his doctor will authorize him to go next year if there is no vaccine. "; is very applicable to myself, given my current condition. My brother and I originally booked for May then our travel agent (trying to do the best for us and (I expect) still keep the airline kickback) moved us to Sept dates (we had briefly discussed this change). My travel insurance was only for the original dates - I will check if it can be rolled over. Many thanks. M
Short update, I went to the many pages of “terms and conditions”, which we always click on without reading.So now I have read them.
Most directly applicable is the provision in which the company reserves the right to cancel at any time and says that the traveler’s only remedy is a refund. Hmmm, seems like that’s what I m asking for!
The travel company says they have not cancelled, they have just postponed the trip. Nice try. There is nothing in the terms and conditions that allows them to do that unilaterally, and that means that postponing for a year would be a unilateral modification of a contract — invalid for lack of consideration.
I understand that these are crazy times, and until I read the terms and conditions, I was thinking that I would be willing to cut some kind of deal with them. But I have to say that I lost a lot of sympathy for the company after reading the terms and conditions I DID agree to — every waiver of liability you can possibly imagine.
I am now waiting for a call from a “supervisor,“ which may be as many as 10 days in the future. To be continued.....
nice post!Like you, John, I doubt that the CC company will take this up. Normally, you have 60 days to dispute a charge. We paid a deposit in September and the balance in January.
I totally agree that this is extremely stressful for business and potentially devastating. But if you read the terms and conditions carefully, it is hard to come away with the conclusion that they are not being evil.
This provision for starters:
The responsibility of Company in connection with your tour is strictly limited. Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Supplier and any transportation, tours, services, products or facilities provided by Suppliers. We are not liable for any claim for loss, damage, injury, death, misrepresentation, delay, inconvenience or disappointment, arising from any action by a Supplier, including but not limited to any negligent or willful act or failure to act of any Supplier or of any other third party. We will not be liable to you for any claim unless the occurrence was due to our own gross negligence or willful fault. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages. Notwithstanding the foregoing, Operator’s liability for compensatory damages hereunder shall in no event exceed the amount actually paid by you to Operator for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.
In other provisions, they tell you they can do essentially anything they want and have no responsibility to perform the agreement as written.
I know some of these waivers are likely to be unenforceable, but I have no doubt that if the shoe were on the other foot and the consumer was the one who had the financial crisis, there would be no mercy shown.
Wow, I am not a lawyer but that still surprises me. I understand that all sorts of things can happen that forces changes to a tour and that there is no liability on the side of the tour operator for these changes but here it concerns the dates of the tour and a very fundamental change of these dates. It's like when you buy any consumer good like a fridge in the belief that it will be delivered in say May this year and then, after having paid for it in full, you are told it will be delivered in May next year and you have no recourse.I have now had the time to read the fine print more carefully, and I sadly concluded that the “force majeure” clause legitimizes their decisions.
In the US you have to also look at the state of jurisdiction. South Dakota and Delaware have laws that lean so heavily in favor of corporate interests that banks and such incorporate there though they are run from other places.If I ever book a trip again with a tour operator in future - I've travelled with numerous tour operators in the past who are not located in my country of residence - I will look very carefully at their place of jurisdiction!
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