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MadAboutTennis

Holiday Cancellation and still need to pay the full holiday price - PLEASE advise

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Hi there,

 

A young friend of mine was accompanying us on a short tennis break. However, recently he suffered an injury and ripped 3 of his ligaments in his ankle and now wont be able to play tennis for a couple of months, so he has had to cancel the holiday.

 

The company in general are quite slack about their booking procedure. So because he was struggling to pay in one installment they agreed that he could pay a deposit (covering flight costs) of £200 (about six weeks before the holiday) and the remainder the following month (about 3 weeks before the holiday) to spread it over 2 salaries. They never took a booking form from him at the time of payment of his initial deposit nor provided him with a receipt nor terms and conditions. They also didn't remind him to take out travel insurance something that they do state in the T&C's that should be done at the time of booking.

 

They are now demanding that he pay the full remaining balance for the holiday however he does not want to lose any further money. The original accomodation would have been a 3 bed apartment, which he would have shared a bedroom with one other, the other double room occupied and the remaining room occupied by one person. This accomodation has now been scaled down to a 2 bedroomed apartment, so I'm not convinced that the holiday company will be making a financial loss other than the flights.

 

Any advice welcome

 

MadAboutTennis

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One thing to consider is the date he should have paid the balance if it weren't for the problems surrounding his ability to pay. I know of few places that allow balance payment as little as 3 weeks before departure - in fact, most places want full payment on booking if the holiday is 6 weeks or less away. Had this happened then he would not be entitled to any refund without claiming on appropriate insurance.

 

I think you will find that, despite the agreement put into place, and the shortcomings of the company in not sending out T's & C's to him individually or providing a receipt for the monies paid, he is liable to pay for his original booking. The lead name will have been sent a copy of the T's & C's and this will be seen as the company providing such - it's not usual for every named party on a single booking to receive separate copies.

 

If the original accommodation cannot be resold before the date of the holiday then the company can show they are out of pocket - someone looking for 2 bed accommodation may not want to pay the extra for the larger accommodation and be at risk of a surcharge for under occupancy.

 

I think you may find it difficult to fight this,

 

Feebee_71

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Wont the holiday insurance cover this?

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Wont the holiday insurance cover this?

 

Bazdvd,

 

The OP did mention one of their issues was that, in addition to not giving the young lad a booking confirmation, a copy of the T's & C's or receipt for the monies already paid, the company did not specifically advise the young lad to take out travel insurance so he isn't covered.

 

Feebee_71

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Hmmmm....? This is a mine field and certainly not one to advise on the info you have made available. If this is not already sorted can you advise if this guy was on a booking of his own or on yours? How was it booked and by whom? What paper work if any was signed in relation to the booking and by whom? Did this chap take out holiday insurance?

 

Give a bit more detail, it will be easier to guide you.

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