Dilemma

[Londonerlove]

I’m genuinely torn by my friends predicament. Feeling sympathy on both parts. Hopefully mumsnetters can help!

A very close friend of mine, let’s call her jane, booked a holiday away for herself and another one of her best friends, we’ll call her Mary. The holiday in total cost £3600. She lent mary half of the money as marys mother was recently diagnosed with terminal cancer and wanted a break. They have been friends since they were little.
Five days before the holiday Jane gets a cancer scare and was advised to be seen by a specialist within 2 weeks. She was unable to get an nhs appointment so managed to get a private appointment 2 days before the flight. 4 days before the flight she tripped and broke her ankle. She was operated on the day before, needing a metal plate. Obviously the holiday had to be cancelled.
Jane was able to claim her half off her insurance. Mary didn’t get insurance even though Jane had told her to. So Jane is unable to claim back Mary’s half. So Jane is now out of pocket by £1800.
Who should pay?

As it stands Mary originally paid £200 towards it but asked for it back.

Why can’t Mary go alone?

She doesn’t want to go alone.
She’s taken the £200 and gone away with family.

Mary should obviously pay.

Mary should pay. Not Jane's fault she didn't get insurance.

Mary should go alone or should pay.

Mary, obviously. She was loaned the money, she should have gotten insurance.

Can you really see any situation where Jane should pay?!

Mary can go on the trip or not, but she is solely responsible for the payments.

Mary should pay, but I can see why she may feel a little put out, it wasn't her fault the holiday was cancelled at such short notice.
Obviously should have had insurance though.

Not 'or should pay', that was me not thinking. She should pay regardless of whether she goes or not.

Mary obviously. Can't see any other reasonable solution?

Tricky one, I'm really not sure what to think but it's a perfect example of why a few pounds on travel insurance is money well spent

Take out all the details and the fact is that Mary was loaned some money and owes it to Jane. Whether the holiday was taken or not is actually irrelevant.

Hard lesson for Mary but that’s life.

Seeing it from janes point of view, the money was lent to Mary and is now Mary’s debt, she should pay her back. Also she was told to get insurance which she didn’t.
From Mary’s point she’d be paying back £1800 because Jane had bad luck.

Legally standing I would assume the contract was.... the money was lent to Mary for a holiday for both of them to go away. Jane technically pulled out so has broken the contract?

I’m leaning more towards Jane but that is because I am biased as she is my close friend. Personally if I were Mary id suck it up and pay but I’d be pissed at myself for not getting insurance as I was advised.

Mary should pay, but unless there was agreement in writing Jane doesn’t have a legal leg to stand on.

@loopytiles sorry that made me laugh seeing as she literally is bed bound and unable to stand on either leg.

I don't think any insurance would have covered Mary. She could have gone but chose not to. She owes the money to Jane.

People not buying travel insurance really get on my nerves. I've overheard eejits bragging in Spain about how it's unnecessary because of EHIC. Do they not realise it doesn't cover cancellation, losing luggage, having your passport stolen and if anyone dies on holiday the cost of getting the body home is exorbitant. All totally avoidable for the sake of a few quid.

The insurance definitely would have covered Mary, have seen similar situations and they pay out.

From Mary’s point she’d be paying back £1800 because Jane had bad luck

While Jane had bad luck, she was covered.

Mary didn't have bad luck. She chose not to cover herself. She is entirely to blame for that.

If Mary had fallen ill, would she have paid for Jane's holiday?

Mary borrowed money. There is no reason not to pay the money back. Not going on holiday because she didn't feel like going on her own is not a good enough reason to stiff her friend, who genuinely cannot get on a plane. I bet she would have gone had she paid out her own money!

I cannot believe Jane gave her back the £200! She has sod all chance of getting her money amicably now, as giving back the £200 will make Mary think she is in the right, so I would take her to small claims court.

I don’t imagine Mary’s insurance would’ve paid out anyway-there was no reason she couldn’t go.

Mary should pay, but I can see why she’s pissed off.

Jane has no intention of asking for the money back. The friendship is far more valuable that £1800. Just puts a dampener on things.

Jane must be minted!

wow - why didnt Mary have insurance? can Jane claim for both as she techincally paid for both and with her not being able to maybe????

Jane has a decent job and still lives with parents. She’s saving for a home at the moment.
Jane was unable to claim for Mary’s half. Insurance wasn’t through credit card but as travel insurance in her name.