Can I get my cash back over cancelled hols?

Q

LAST year I decided to go on a two-week holiday to Manila, in the Philippines. It’s a very long journey but I was prepared for that. I booked a plane and hotel package with a local travel agent – easier and no more expensive than online.

I paid more than £1,200 for this. But before the flight date I had to cancel the whole trip due to an illness. I asked the travel agent for a refund but she said it was no longer anything to do with her. She had booked it for me and could not return my cash. Is this legal? Tom W

A

MUCH travel, whether package tours or individual components, is booked on a no refund basis. And even where you can cancel – full fare flights for instance – you might face a fee.

An independent travel agent acts on your behalf. You use an agent because you either do not want to or cannot do the booking yourself. So she cannot do any more than you can. If the holiday was not refundable, then neither you nor she can get the money back.

What is surprising is you have not mentioned travel insurance. It seems strange to embark on a holiday half way across the world without cover.

Some destinations, such as Cuba, insist on insurance but it is not obligatory in the Philippines, although the UK government strongly recommends it. It would also be surprising if your agent did not urge you to buy cover if only because agents earn commission.

With insurance, you could claim for the costs of cancellation before the holiday date. Reasons might include a death in your family, your illness or that of a travel companion. You would need evidence – medical in your case. Again, your agent should have told you this. If you had cover, the agent should have told you to claim.

If you believe you were misled by the travel agent, especially if she did not mention the need for insurance or if you were told it did not matter, you could complain to the Association of British Travel Agents (ABTA).

However, if your illness was caused by a condition you already had, you may not have a valid claim. If you were uninsurable due to previous conditions, you will have to accept the loss anyway.

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