Complained to ABTA about Riviera and…
Complained to ABTA about Riviera and got this reply: completely fobbed off!
'Date:29/04/2020
Thank you for contacting ABTA.
Tour operators and travel agents are doing all they can to help customers but many don’t have the cash to pay customers a cash refund in a 14 day period, as they have not yet received money back from hotels, airlines and other suppliers affected by the crisis. Forcing them to do so would put many of them out of business, which would mean customers would not get their money back for many more months as the Government-backed ATOL scheme of financial protection could not cope with the sheer volume of refunds. It would also result in significant long-term damage to the UK travel industry.
In many other countries, governments have taken action to temporarily amend their travel regulations and provide additional guidance to allow refunds to be paid over a longer period or to allow refunds to be paid by a holiday voucher. The European Commission, which is responsible for the relevant regulations, has advised Member states to find “flexible solutions” to demands for refunds on cancelled holidays during the Covid-19 crisis.
To provide some order to a chaotic situation brought about by the current crisis, ABTA has developed guidance framework for its Members to ensure that if there is a delay in providing a refund, customers don’t lose their rights and protections, and that Members process refunds as soon as they are able to. This is based on a system of financially-protected Refund Credit Notes (RCNs) where the customer’s fundamental rights are preserved, as set out by law (the Package Travel Regulations). Notwithstanding the issuing of Refund Credit Notes, ABTA’s expectation is that Members should refund customers as soon as they are able to.
Refund Credit Notes are legal, and as advised previously many customers have accepted them where their travel provider is unable to provide a cash refund within fourteen days. ABTA's guidelines are to make sure that these notes are properly documented and that there is underlying protection in place.
The law regarding the right to a fourteen day refund remains the law, and ABTA has never argued otherwise, to its Members or to anyone else.
We have also prepared information for customers on our website, which makes it clear what an RCN is and what information customers should look out for if a company offers you one
This type of system is similar to those introduced in many other countries and is the framework under which ABTA will guide its Members and hold them to account.
We’d like to ask customers to work with us on this, it will help to ensure your rights are protected and that when this crisis is over UK holidaymakers will be able to book and enjoy their holidays in the same way as they have done for many years.
However, as there’s nothing more that we can usefully add to the above comments, you may wish to seek independent legal advice or consider using ABTA’s independent arbitration scheme (details to be found on our website) if you wish to pursue the matter further. Please be aware that you must, initially, have completed the holiday company’s internal complaints process and have reached deadlock with them. If you would then like to instigate Stage 1 of our ADR process please advise us accordingly, but please ensure that you have read the Arbitration Scheme Rules (on website) and are aware of the obligations.
If you have not booked a package holiday you may not be eligible to receive a RCN. Agents act on your behalf and so your contract is with the supplier, which could be an airline, hotel, cottage or holiday park who may not be an ABTA member. You are therefore bound by what the terms and conditions are on your booking and which you implied your agreement to at the time of booking.
Regards
ABTA Customer Support Team
29 April 2020
Unprompted review