Can I Claim This Back ?

steve1cooke · 20th April 2006, 15:14

I booked a cottage holiday through a company called Welcome Cottages. This included the ferry travel and a cottage in Southern Ireland for one week. After receiving all the paperwork, I needed to change the time of the return ferry and so contacted the Ferry company - Stena-line. They said that as I had booked through Welcome cottages I would need to amend the booking through them, but there was plenty of room on the ferry I needed and there would be no cost.
When I told Welcome cottages about this they said they would charge a £20 'administration fee' to do this as it was their 'policy'. I needed the ferry time changing so had to agree - although registering my protest.
Does anybody know if this is a fee that I could lawfully claim back?
Help much appreciated.

Loula · 20th April 2006, 19:15

Not sure it is illegal, or right if they haven't had to issue anything other than a computer schedule then I would write to them along the following lines...

Quote:

I amended my travel arrangements for holiday in XYZ at XYZ, and was charged £XYZ as an administration charge 'to cover extra paperwork'.

I believe this to be a penalty which in English (and Scottish) law for breach of contract is not legal if the penalty exceeds the actual cost of the breach. If you say that this is not then will you please demonstrate this by letting me have a full breakdown of the costs as a result of my breach in order to reassure me that your penalty really does reflect your costs?

Please reimburse my £20 forthwith.

Let me know what you think

LOULA

dave · 21st April 2006, 12:32

However, it may be in their contract with you that they charge for this - if it's not a breach of contract then no penalty has been incurred.

Loula · 21st April 2006, 13:22

They are in breach of their own T&C's.

Where it clearly states £25 admin charge for all changes once the holiday has been confirmed.

If the change occured prior to 58 days before the holiday start date, then it should be free as Steve could have cancelled got a full refund and then re-booked with the amended travel dates for no charge at all.

LOULA

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