Thread: First Choice - Booking Issue / Legal Problem!

Hi Guys,

I hope that someone here can help.

My bother booked a holiday with First Choice in November 2008 for September 2009. She booked her holiday on the telephone, and my story is as follows:

She booked her holiday and was told that she could pay a deposit - and the balance later on in 2009. She was not at any point during this telephone call made aware that if she was to cancel her holiday she would be asked to pay more on top of this so called "low deposit".

Anyway - she wrote to them in December stating that she wants to cancel three of the six people travelling becuase they can no longer afford to go on holiday, and was shocked to find out she would have to pay an extra £500 just to cancel them!

This in my option is wrong because at no point was she made aware of this, and secondly the woman actually said to her on the phone along the lines of...

"If you book for all six today and at a later day find out that the other three cant go then you can just cancel the holiday - at least you will get a good deal.."

So - I phoned First Choice and was told basically that all their staff are trained to the highest of standards and that she remembers telling my mother this on the telephone.

Its her word against my mothers but at the end of the day my mum hasnt signed anything, so surely its upto them to proove that they did make my mother aware of these t&cs?

Any help would be apprechiated.

Jason

Yes this contract appeared just after my mother sent them the letter asking to cancel, and they asked her to sign it and return but she never did because she was unsure what she was signing.

I asked for transcripts and they said that if i wanted them id have to write to someone else, but their was no guarentee that they had recorded the call...

was the payment made by credit card? if so you could complain to the credit card company - section 75 of the Consumer Credit Act and get them to refund all of the money.

no paid with debit card

No it was about 28 days at least before she wrote to cancel. Then the branch rang her up and said she cant cancel, and explained the "low deposit" penalty to her, and this is when it all become clear.

Ive advised her to just not pay the remainder of the holiday, they can go swing for the remainder of their money.