Well I am, but I would defend them on the basis that they cannot just go giving away their own money to cover the practices of other businesses, especially not when they have a gulf in the finances to catch up
It is unfortunate for you, but you need to be chasing the merchant for the money, not the bank
That HSBC might have done so is by the by
Why have monzo declined your chargeback? Malaysia airlines cancelled my flight to Bali and rebook it, I claimed a cash refund and they refused, so I requested a chargeback and after 2 days virgin refunded me the money. This scenario is similar 
Firstly, as the below article states a force majeure is not really defined in English law even if the contract states them.
Also, a contract can be frustrated if the purpose of the contract (in this case a trip) is no longer applicable. The article again points out cases as far back as the postponement of Edward VII’s coronation in 1902 to back this up and with the contract frustrated, the Travel Agency should refund the contract.
In the end, an unfair contract is never valid in law even if you agreed to it.
Unfortunately, @sam5 has the Financial Ombudsman or the Small Claims Court as their only avenue if they have been beaten this far.
Thank you. People seem to just think because it says it in the T&Cs it magically makes it superior. The reason we have laws is to prevent companies taking the piss for exactly situations like refunds.
Ultimately though the wordage of the Retailers’ T’s and C’s don’t relate at all to whether Monzo can, or should provide you a charge back.
Wether or not a contract is unfair is not for Monzo to decide, surely? Ultimately a Charge Back is not as strong a protection for these kinds of purchases as a Section 75 claim is; from what I understand the fact the Travel Agency hasn’t gone bust (my assumption) and has comitted to giving you a refund may be enough for the charge back to be denied.
That’s not neccesarily Monzo’s fault - that’s part of the Mastercard chargeback process.
Unfortunately this sounds like one of those times where you need to be a squeaky wheel - I hope you get your money back, but it does sound like you need to escalate your complaint as far and wide as you can to do so.
That’s why for any significant purchase it’s always worth putting it on a credit card, as the legal obligations under a Section 75 claim are far far greater than a debit card transaction.
Your contract is with Gotogate, not TAP, so I hope (and expect) that Monzo issued the chargeback against GTG.
When a merchant rejects a chargeback based on their T&Cs (which has happened to me twice this summer over coronavirus cancellations), the bank can ask you for more evidence and resubmit the chargeback. Usually it’s the merchant just trying their luck. (In both cases my first chargeback was lost, and then won on the second)
I would 100% push Monzo to resubmit. GTG is a nasty company with terrible CS.
One final thing that may trip you up - some countries are (illegally) overriding EU law on flight refunds during covid. I think France and NL are allowing airlines not to issue cash refunds. When that happens, an airline/agent can refer to that. HOWEVER it gets very muddy at this point because a chargeback isn’t done on the basis of law, but on Mastercard rules.
Monzo need to keep pushing on the second chargeback. If that fails, it goes to Mastercard for arbitration. Just don’t give up.
Did you get this in writing from them? It could seen things up a lot.
This is a GREAT thread, I’m learning so much.
Turns out stamping my feet in a huff because I don’t understand something and then blaming others doesn’t work? WHO KNEW!
(ohhh there is a Brexit comparison here I fear).
@sam5 I genuinely hope you get this sorted but it’s got nothing to do with Monzo at all. I’m sure there are advice bureaus available to citizens to help with this kind of thing, or maybe an ombudsman that focuses on financial matters?