I am one of the victims regarding the refund from ccarltonleisure.com. Due to the travel ban from US, they try to refuse to give me a refund on my ticket.
After months of emails backward and forward, I find out a solution to help all others at the same situation as me.
first draft an email as follows:
Thank you for your email dated 21April when you state that by cancelling my ticket which was non refundable under clause 13 of the contract I am not entitled to a refund.
The reality was that at 3.59GMT ( 23.59 EMT ) on 17 March 2020, the President of the United States of America extended a travel ban from the Schengen area of Europe including the U.K. into the USA. I cancelled my flight around 13.00 on 17 March, some 13 hours after the ban came into effect. As such at that time the contract was frustrated under English law. Meaning that an event had occurred after the contract was entered into which rendered it physically impossible to foulfill the contract. In other words the airline could not transport me to American soil without breaching the presidential decree. Without getting into detailed legal argument, there are many cases supporting this doctrine of law including Denny,Mott and Dickenson-v-James B Fraser & Co Ltd (1944) AC 265 which was an example of a contract being rendered frustrated as it was rendered illegal by legislation, which is in effect the situation here. My case is that from 3.59 GMT on 17 March 2020 the contract was frustrated and the parties should be put back in the position they were prior to the contract. That means I’m entitled to my refund in full as the contractual conditions cease to apply from the point that the USA banned my travel.
I suggest you consult your legal advisors and reconsider your stance in this matter. If I don’t get a refund in the next 14 days I will be pursuing my rights. Hopefully it won’t have to reach this point but if it does I reserve the right to refer the court to this email when considering costs.
Yours etc
they will just send you the standard reply, dont worry about it, as you already stated your right in the first email.
Call your credit card company and report that you find a scam payment on your card.
Tell the card company that they were not able to deliver the service they promised and break the contract.
then print out all the evidence emails to the card company and waiting for refund.
4 years ago
Carlton Leisure has a
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