Question Azalea liveaboard Philippines never refunded a cancelled trip by the operator. What can I do?

[Dbrown8630]

Hi all,

I have spent over 3000 AUD on a liveaboard trip with Azalea to dive the Tubataha reef. The owner Dirk Haring promised a refund but never actioned his promise. The trip was supposed to happen in April 2024. I paid the money directly to him and the owner is simply igoniring my messages after his vessel got damaged and he had to cancel the whole season. Any advice on what to do about this? Can I report this to the police somehow?

 

[also_anon_dc]

How did you send the payment? I always use a credit card and would pursue a chargeback with my credit card company.

 

[Living4Experiences]

I hope you paid with a credit card because you can get your money back from your bank. If you paid any other way, sorry to say you've lost your money. If you bought travel insurance, there may be coverage there.

 

[Dbrown8630]

I used my wise card. Unfortunately they said they don't do any refunds

 

[also_anon_dc]

I used my wise card. Unfortunately they said they don't do any refunds

You're not asking for a refund though so you shouldn't use the word refund when talking to them. Ask specifically about a chargeback which is disputing a transaction based on services not rendered.

 

[Pearlman]

Usually there is a limited period for claims on credit card transactions where payment was made but goods or services not delivered - it may be too late now.

 

[Dbrown8630]

I tried to contact Wise again and this time I reported the contact as a scam. Wise hit me back with: 'we are not able to issue a refund in this case, as the transaction had already been transferred to the recipient account'.

 

[Bookworm11]

I don't know Australian law, but in the US, this is a crime. Report it to the police. If it isnt, your court system may have a civil system of small claims where you can sue him pro se, which means you represent yourself and its simplified procedure. In the future, always pay by credit card, or even better, check.

 

[OMyMyOHellYes]

I don't know Australian law, but in the US, this is a crime.

I seriously, seriously doubt that.

Wondering the legal construct for charges would be and what jurisdiction that would be a criminal act. If it were done intentionally, I could see that. But "Yeah, my boat got damaged in unforseen circumstances and I don't have the money to refund deposits" scenario???

Civil would likely be the only remedy. And given that the boat owner had been out of business for a good long while, it might not even be then (ie shadow of bankruptcy rearing its head?). Or if no money or assets from which to pull refunds, kinda hard to get blood out squeezing a rock.

Even if no threat of bankruptcy, it may fall into the Philippine court system if anything. I doubt it would be worth fighting if that's the case and all other credit card remedies have been exhausted or expired.

If the owner is still in business, word of mouth re: the experience among other potential customers may be the only leverage. But that would need to be carefully worded or the customer may end up owing the business at the end of the day.

 

[Shasta_man]

Side tangent - a check would not be better as once cashed, it's gone too and your bank has no responsibility beyond paying out the money for a check you wrote. An actual credit card is the only method that could result in returning money paid.