Holiday booking issues , legal advice appreciated

Holiday booking issues , legal advice appreciated

Author
Discussion

Buster73

Original Poster:

5,185 posts

160 months

Wednesday 4th September
quotequote all
Got a quote from a holiday company a few months back , agreed a price and paid a small deposit as per their invoice .

Balance is due mid October as per the paperwork.

Since then I’ve had numerous phone call requests for the balance to be paid in full including the last call yesterday.

Yesterday the person on the phone agreed to cancel the holiday and refund my deposit and confirm it by email, as of today I’ve had no confirmation so my alarm bells are ringing loudly.

Where do I stand legally on this one ?

Write the deposit off ?

Stand my ground as per the phone call ?

Am I liable for the balance ?

Any advice is appreciated in advance .



alscar

5,370 posts

220 months

Wednesday 4th September
quotequote all
What was their reply when you pointed out your paperwork said pay the balance in mid October ?
You say they agreed to then cancel the holiday but not sure why you want to do that.
I guess if you receive the deposit back as promised then all good apart from having to then book somewhere else.
If you don’t get the deposit back then what do the terms and conditions say - I suspect the word cancel might well be open to interpretation here.


Buster73

Original Poster:

5,185 posts

160 months

Wednesday 4th September
quotequote all
alscar said:
What was their reply when you pointed out your paperwork said pay the balance in mid October ?
You say they agreed to then cancel the holiday but not sure why you want to do that.
I guess if you receive the deposit back as promised then all good apart from having to then book somewhere else.
If you don’t get the deposit back then what do the terms and conditions say - I suspect the word cancel might well be open to interpretation here.
I have no faith in a company that repeatedly asks for the balance up to 3 months before it’s due .

The reply was they had to pay the airline for the tickets so they can release a ticket number , whatever that means ?

SydneyBridge

9,408 posts

165 months

Wednesday 4th September
quotequote all
I would very dubious of the company, get your deposit back and book somewhere else
Does the company have two words and the initials T U?

alscar

5,370 posts

220 months

Wednesday 4th September
quotequote all
Buster73 said:
alscar said:
What was their reply when you pointed out your paperwork said pay the balance in mid October ?
You say they agreed to then cancel the holiday but not sure why you want to do that.
I guess if you receive the deposit back as promised then all good apart from having to then book somewhere else.
If you don’t get the deposit back then what do the terms and conditions say - I suspect the word cancel might well be open to interpretation here.
I have no faith in a company that repeatedly asks for the balance up to 3 months before it’s due .

The reply was they had to pay the airline for the tickets so they can release a ticket number , whatever that means ?
Fair enough - hopefully my cynicism is unjustified then and the deposit arrives safely back.


Sir Bagalot

6,618 posts

188 months

Wednesday 4th September
quotequote all
Check the terms very carefully. In that are the payment, and cancellation terms.

Are they ABTA/ATOL protected?

TheDrownedApe

1,202 posts

63 months

Wednesday 4th September
quotequote all
Am I missing something here; sorry if I have

Did you ask to cancel the holiday? Why?

Did they demand final payment now or they will cancel the holiday?


SpidersWeb

4,065 posts

180 months

Wednesday 4th September
quotequote all
Buster73 said:
Got a quote from a holiday company a few months back , agreed a price and paid a small deposit as per their invoice .

Balance is due mid October as per the paperwork.

Since then I’ve had numerous phone call requests for the balance to be paid in full including the last call yesterday.
Did you pay the deposit by credit card?

If so the credit card is jointly and severally liable, so that's a route to getting the deposit back if the holiday company breaches the contract by cancelling the holiday if you won't pay the balance before mid October.

Buster73

Original Poster:

5,185 posts

160 months

Wednesday 4th September
quotequote all
TheDrownedApe said:
Am I missing something here; sorry if I have

Did you ask to cancel the holiday? Why?

Did they demand final payment now or they will cancel the holiday?
We agreed mutually to cancel it due to lack of faith because of repeated final payment demands

Buster73

Original Poster:

5,185 posts

160 months

Wednesday 4th September
quotequote all
SpidersWeb said:
Did you pay the deposit by credit card?

If so the credit card is jointly and severally liable, so that's a route to getting the deposit back if the holiday company breaches the contract by cancelling the holiday if you won't pay the balance before mid October.
Yes I paid the deposit by credit card .

One of the requests for final payment was “ if you pay by credit card you’ve got nothing to worry about “

e-honda

9,289 posts

153 months

Wednesday 4th September
quotequote all
sounds like a scam or a company really struggling with cash flow
either way far better off out of it, best of luck getting your deposit back

bad company

19,466 posts

273 months

Thursday 5th September
quotequote all
e-honda said:
sounds like a scam or a company really struggling with cash flow
either way far better off out of it, best of luck getting your deposit back

The deposit was paid by credit card so should be able to reclaim.

mcflurry

9,136 posts

260 months

Thursday 5th September
quotequote all
bad company said:
e-honda said:
sounds like a scam or a company really struggling with cash flow
either way far better off out of it, best of luck getting your deposit back

The deposit was paid by credit card so should be able to reclaim.
Unless the Travel agent argues that the OP cancelled the booking and is liable for the deposit..

Buster73

Original Poster:

5,185 posts

160 months

Thursday 5th September
quotequote all
I’ve sent them a recorded delivery letter telling them I have accepted their offer to cancel and receive a refund as agreed, as they aren’t replying to emails.

I’ll not hold my breath on the deposit short term , but I’ll certainly contact the card issuer if they don’t.

They’ve obviously got cash flow issues , as it is I’ve dodged a bullet imho.