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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Holiday cancellation (I think), booked to go with a friend

129 replies

Mumsfriend · 23/05/2019 10:26

Hey,
Would really appreciate some help.
I agreed to go on holiday with a friend. We agreed that I would book and she would pay. It was a package deal via TUI.
I booked it and paid for it, and she transferred the money.
The deposit has been paid the rest due by 1st June, almost 500.00 still to be paid.
The friend has sent me a letter to say please let me have my money back Re holiday. If I don’t receive within 5 working days I will process through small claims court - letter came out of the blue.
I have tried to phone, text from different numbers (for if any issues), emailed and even knocked on her door (she was home), she didn’t answer the phone, texts or emails.
I don’t even know if she wants the holiday cancelled the letter states nothing but give me back my money.
The cancellation fee is 400.00, which has already been paid. She has paid me nearly 500.00 for the holiday and asking for it back. I haven’t cancelled and although she hasn’t confirmed cancel, it does sound like she no longer wants to go.
I have said to her in texts/emails/hand posted letter I will pay half of the cancellation fee of 200.00 and she should pay the Other 200.00 and will then give her back the rest, however she has ignored me.
What do I do?

OP posts:
Sleepyquest · 23/05/2019 12:51

I highly doubt she will take you to the small claims court. She hasn't even got a claim! Plus the paperwork is a bit of a faff plus the extra fees on top. To get her out of my life, I'd cancel the holiday and give her £100. Then I'd give her a copy of the documentation and reasoning for why you are returning £100. Id give her a cheque or bank transfer though. Do not give cash!!

Kanga83 · 23/05/2019 12:53

You could give her the money back but hold her accountable for the full cancellation fee (as long as you have kept all your texts, emails and correspondence from her and yourself) and send a note saying you will counterclaim for the cancellation fee as you are out of pocket and she has not acted fairly and reasonably. She can cancel the holiday, but she must pay the cancellation. Do you have receipts and evidence of her paying her share etc?

Kanga83 · 23/05/2019 12:54

Also, hold her for full costs in the case, not 'each party bares their own costs'

TruffleShuffles · 23/05/2019 12:57

Would you get your deposit back if you did cancel? So would it be the £400 cancellation fee plus whatever the deposit was per person? Would there even be anything left out of the £500 she has paid?

OnlyFoolsnMothers · 23/05/2019 13:00

She stands no hope in hell in small claims court- let her try!

Only send her communication on email or recorded delivery letter- a letter posted through her mail box is her word against yours.

Do you have any thing on message from her confirming her agreement to the holiday and the deposit?

And this is holding your head up high, your "friend" has threatened you with no reason

CabbageHippy · 23/05/2019 13:02

First thing I would do is go round to were she lives & make sure she is ok

LemonTT · 23/05/2019 13:03

Write to her acknowledging her letter but stating clearly that she gave you the money on the understanding that you would book and pay for a holiday on her behalf. Ask her to confirm that was her understanding. Provide evidence of the booking you made on her behalf. Confirm that a non refundable deposit was paid.

In you acknowledgement state that you have not had any previous requests from her to return the money. State that you want to resolve the matter fairly and quickly. Explain you are unclear as to her actions, given she has not Previously asked that you return the money.

Ask her outright if she now wishes to cancel the holiday and does she accept that this incur a cost of £400. Provide a deadline for her to respond if you have a cancellation cut off date.

Follow up regularly.

If you offered to pay half the cancellation fee, stick to it but point out that this is a gratuitous offer made without prejudice.

BlueCornishPixie · 23/05/2019 13:05

Do not pay half the cancellation fee! Why the he'll should you be out of pocket? She has cancelled with no explanation.

I would do what Acis suggests. But first check that it's only going to cost 400 to cancel, not 400 + any deposit. Refund any money by bank transfer so there is a trail

DoNotDisturbPlease · 23/05/2019 13:06

This thread is so weird. Come on OP there must be some huge back story.

slashlover · 23/05/2019 13:06

First thing I would do is go round to were she lives & make sure she is ok

OP said she knocked on the door and friend refused to answer despite being in.

I have tried to phone, text from different numbers (for if any issues), emailed and even knocked on her door (she was home), she didn’t answer the phone, texts or emails.

budgiegirl · 23/05/2019 13:08

Assuming you’re not too worried about your friend’s rather odd behaviour, I’d make it clear in writing that you intend to cancel the holiday by a certain date, as you assume this is what she is asking you to do.

I then might be inclined to get a bit of legal advice from CAB if at all possible. Are you the lead passenger on the booking? If so, the cancellation fee to the holiday company will be your responsibility and you are the only one who can cancel. The holdidsy company can come after you for payment regardless of the actions of others.

The ‘contract’ between yourself and your friend is then a different matter. If there is no written contract (which there wouldn’t be) , then how would a small claims court view this? Is your friend entitled to have some or all of her money back, should she legally be liable for the entire cancellation fee, half of it, or none of it?

What is fair is not always the same as what is legal - I’d be getting some proper advice if I were you .

OnlyFoolsnMothers · 23/05/2019 13:08

Do what LemonTT suggests- recorded delivery and email!

Mummyoflittledragon · 23/05/2019 13:11

Do what Acis said. Sod giving her £200 when she’s being so awful.

As for the holiday, will you go alone or cancel completely? I don’t think you can also charge her a single persons allowance on top as someone suggested upthread.

ThePerturbedPenguin · 23/05/2019 13:12

How odd

UCOinanOCG · 23/05/2019 13:13

Do you think she is cross because she paid you the full cost of the holiday and you have held on to it in order to pay in full on 1st June? Maybe she thinks you have been using her money in some way to benefit yourself and not her? Can't think why else she would be acting so strangely.

blackteasplease · 23/05/2019 13:16

Cancel and give her the £100

3luckystars · 23/05/2019 13:18

Just reply, 'please email Tui regarding your cancellation if you wish to cancel your holiday'

You are not a travel agent, why is she involving you at all. You might still go yourself, why should you have to cancel?

SDTGisAnEvilWolefGenius · 23/05/2019 13:19

I agree with the previous posters who have said that she is solely liable for the cancellation fee, because she is the one who has decided to cancel the holiday.

I think I would be writing back to her - and sending the letter signed-for, since she is ignoring all other correspondence - to say that you have no idea why she wants to cancel the holiday, but since she has made the decision, without consultation, to cancel, she is liable for the full amount of the cancellation fee - so you will be returning her £100 in full and final settlement.

SnowyAlpsandPeaks · 23/05/2019 13:23

One of the most bat shit crazy things I’ve read on MN....

Marmablade · 23/05/2019 13:25

The nice thing to do was to split the cancellation fee. She's not been nice in return so I'd send her £100 & explain she's copped for the £400 cancellation fee because you couldn't get hold of her.

budgiegirl · 23/05/2019 13:30

I agree with the previous posters who have said that she is solely liable for the cancellation fee, because she is the one who has decided to cancel the holiday

Morally - definitely
Legally? Perhaps not, not so sure how a small claims would view this.

Just reply, 'please email Tui regarding your cancellation if you wish to cancel your holiday'

If the OP is the lead passenger, she is the only one who can cancel the holiday.

dontdoxmeeither · 23/05/2019 13:32

How bizarre

MRex · 23/05/2019 13:33

OP, please can you say when the last 3 communications from your friend prior to this letter were and what each one said? Thanks

Jux · 23/05/2019 13:35

What Marmablade said (and others). Cancel now before it's too late though, stop wondering what to do and get that cancellation in. Then worry about how you're going to split whatever is left after that fee is paid.

Because she is being so difficult, and because you hadn't wanted toncel but had to, I would let her bear that full cost. She may actually go to SCC but she may not bother, there are fees she'd have to pay, and then more fees if she wanted someone to go and collect the money if the Court found in her favour (unlikely).

Just deduct the 400 from whatever she's paid and give her the 100 with a letter explaining how you arrived at that amount.

poobumwee · 23/05/2019 13:43

As others have suggested, cancel it, but i wouldn;t send her any money back. Why should you be out of pocket when she has changed her mind. Might be worth paying for a solicitor to write a letter perhaps?

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