‘My elderly mother shouldn’t have to bear a tour operator’s financial burden’ – Scottish woman speaks about holiday refund crisis

A daughter is trying to claim back her mother’s £1,500 worth of unused holiday.

A daughter has spoken of how her elderly mother has been left to bear the financial burden of a tour company after it declined to refund her for a cancelled trip.

Pauline Neale, 70, was halfway through a £4,000 “bucket list trip of a lifetime” in India when the coronavirus pandemic struck.

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The retired french teacher from Mauchline, East Ayrshire, is hoping to get her £1,500 worth of holiday back in cash.

Pauline Neale with her daughter Cristy HargreavesPauline Neale with her daughter Cristy Hargreaves
Pauline Neale with her daughter Cristy Hargreaves

But travel operator Voyage Jules Verne who organised the package trip and subsequently had to cancel it is claiming it has no responsibility for issuing a refund.

Ms Neale’s daughter, Cristy Hargreaves, has stepped into help fight the ongoing battle with the company.

“Jules Verne doesn’t think it has any obligation to refund my mother for her unused holiday which seems incredibly unfair,” Cristy said.

“Why should a 70-year-old woman have to bear the financial burden of this company during the coronavirus pandemic?”

Cristy, who is due to start work with a soap manufacturer, said since helping her mother she has found herself in the middle of companies “pointing fingers” at each other shunning the refund issue which is currently affecting hundreds if not thousands across the country.

“Jules Verne said it’s down to my mother’s travel insurance company to cover the costs,” she said.

“So, I approached Tif Group who she went with and staff there said it’s definitely up to the travel operator to issue a refund given it was the one responsible for cancelling the trip.

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“It’s just a nightmare, they’re pointing fingers at each other and nothings actually being solved.

“There is certainly a whole tranche of people in this “no mans land” due to freak timing and I don’t feel it’s right for the customers to suffer financially for whichever company is responsible for issuing a refund.”

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‘Frustrating’

Cristy said since making her claim, Jules Verne has offered £765 worth of vouchers for her mother to use for future bookings.

“The company just seems to be interested in booking her on another trip which is frustrating because that’s not what we are asking for,” she said.

“It’s the sort of trip-of-a-lifetime that mum will only do once anyway.

“The voucher is a ‘goodwill gesture’, but after looking into it, we are due a refund, in cash.

“I am perfectly happy to wait for the money, I am aware that what we are going through is something we have never had to experience before on such a scale, and refunds could certainly take a while to process, but I just want confirmation that we are going to get one.”

Cristy said she is in touch with Trading Standards who, in an email seen by The Scotsman, has agreed to write a letter to Jules Verne to help her mother’s cause.

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She said: “Trading Standards(TS) has been really helpful and pointed out if services were not delivered during the holiday, so in my mum’s case it’s almost half of her Images of India tour, then we should be refunded for that.

“The group cites the Consumer Rights Act 2015 which includes ‘a refund must be given without undue delay, and in any event within 14 days’ and that the trader should use the same means of payment that the consumer used.

“We are waiting to see if a letter from TS to Jules Verne will help our cause.”

On the Citizens Advice website it says customers are entitled to a full refund if a travel operator cancels a trip before the due departure date.

But if a “large part of the services” booked weren’t provided during the tour - for example if the holiday included a two-day excursion that was cancelled and the company's local representative didn’t organise another then the customer is also entitled to compensation.

In Ms Neale’s case the tour operator was unable to provide about ten days of pre-booked holiday.

The voucher doesn’t quite cut it

“It’s certainly a very grey area,” Cristy added.

“But giving a voucher worth less than the money my mother should be getting back doesn’t quite cut it.

“It seems a lot of these suppliers are getting away with what they think they can get away with because it's not so obvious to the customer what they can and can’t claim, and this is allowing them to avoid paying-up cash refunds.

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“Jules Verne said it’s satisfied it has fulfilled all obligations by getting my mother home which to me is sweeping the £1,500 of her unused money under the carpet.”

A spokeswoman at Jules Verne said: “Jules Verne maintains that, due to the particular circumstances of this case, this is a matter for the reader’s insurance company to resolve.”

She said the company is in contact with Trading Standards to discuss Ms Neale’s situation and declined to comment further.

A spokesman for Tif Group, who Ms Neale took out holiday insurance with, said: “We understand that this is a very stressful and difficult time for everyone, and are sorry to hear that Ms Neale had her travel plans disrupted as a result of the coronavirus outbreak.

“Unfortunately, Ms Neale’s policy does not include cover for a change in the Foreign and Commonwealth Office (FCO) advice meaning we are unable to provide cover for this eventuality.

“We strongly recommend that Ms Neale continues to try and get more of her money back through her booking agent.”

In consumer rights publication Which? the latest coronavirus advice in relation to claiming a refund says: “Some airlines and operators aren’t providing the full cash refunds to which their customers are legally entitled, but insurers would encourage customers to pursue these cash refunds instead of making a claim.

“Legally, you should be able to reject vouchers and get cash refunds instead, but many holiday firms are ignoring this rule.”

Tradings Standards has been contacted for comment.

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