Chargeback complaint and bankruptcy of a travel agency

I wrote about the chargeback procedure on the blog last year: Transactions using payment cards and the chargeback procedure. As a reminder, I will mention that this is a procedure developed and used by payment organizations Visa and MasterCard available to customers paying with cards. These can be debit, credit or prepaid cards.


What is chargeback?

Chargeback enables the card issuer (bank) to send a customer complaint (card user) via the payment organization, which charges the merchant’s account (eg seller) with the amount that the customer paid with the card. If the complaint is justified, the money is returned to the cardholder’s account. For information on when and how to file a chargeback complaint, I refer to the publication mentioned at the beginning.

Chapter 13 bankruptcy

It is for what reasons you can complain in chargeback mode set payment organizations in their regulations . Every now and then, these regulations are subject to changes, they are updated and adapted to changing realities when paying with cards . The most common reason should include situations in which card payment has occurred and the goods have not been delivered or the service has not been performed. Such a situation is, for example, failure to provide a service as part of a trip purchased in a failed travel agency.

There were several high-profile falls of travel agencies last season. As a result, agencies selling trips to tourists stopped accepting card payments from customers. They were guided by the fear that as a card payment acceptor they would be financially responsible under the chargeback procedure for failing to comply with the contract by the tour operator.


Chargeback in the bank only after the refusal of the privilege Officer.

Chargeback in the bank only after the refusal of the privilege Officer.

Since the end of June 2013, there have been changes in the handling of chargeback complaints in the event of the bankruptcy of a Polish travel agency. Visa and MasterCard payment organizations have set new rules for dealing with chargeback complaints by banks in such situations. The change boils down to the fact that before the customer initiates a chargeback at the bank, he must first submit a request for a refund in the competent Officer Office. The Bank may initiate the chargeback procedure only after the customer receives the final negative response from the Officer Office regarding the refund of the full or partial amount under the guarantee that the bankrupt travel agency had.


The beneficiary of a travel agency guarantee is the Officer of a given privilege

In the event of a bankruptcy of a travel agency, he performs a bank or insurance guarantee and funds from such source to cover the costs of returning tourists from abroad, and to return money to tourists who paid them for the price of the trip bought but it was not organized by the travel agency in accordance with the contract.


Chapter 7 bankruptcy

Currently, in order to use the chargeback procedure in connection with the bankruptcy of a travel agency, the appropriate complaint within the bank should be submitted within 50 days from the date of the final refusal from the Officer’s Office, submitting it with his complaint, no later than within 540 days from the date of making the payment card transaction . If this condition is not met, the bank will reject the client’s request.

The above new rules apply to the bankruptcy of a Polish travel agency. In the case of foreign travel agencies, the previously applicable rules apply.