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Advice on taking holiday company to court

2 replies

tabitha · 29/12/2020 23:24

Long story cut short. We booked a holiday in a cottages this summer through a well-known company. Two days before we were due to go, I phoned the cottage owner to arrange how to get the key, only to be informed that she knew nothing of our booking and had other guests coming for part of the week. I tried numerous times to get in touch with the holiday company but without success - any calls to their helpline were cut off because of "high volumes of calls". However, the owner managed to contact them and I received an email from the company saying that I could either have 'credit' for the days I was not able to stay in the cottage (to put towards another holiday) or could I have a refund. I chose the refund option but since then (July) I have heard nothing from them. I have written to them several times (following advice from Citizens Advice) but get absolutely no reply. I am now at the stage where my only options are either to accept that we have lost the money or take them to court. Court is my preferred option but when I looked at the terms and conditions of my booking with the holiday company, they state that they only act as 'agent' for the holiday company and aren't responsible for any problems. Does anyone know whether this would prevent me from taking them to court? Has anyone had success in a similar situation? Or does anyone know where I could get reasonably priced legal advice on this specific issue. Thanks in advance.

OP posts:
notapizzaeater · 30/12/2020 00:10

Have you got legal cover with your house insurance ? Did you pay with a credit card ?

prh47bridge · 30/12/2020 00:50

If they are acting as agents for the cottage owner your contract was with the owner so that is who you need to take action against. Before you start your claim, you need to send them a letter before action setting out what happened, how much you are owed, including copies of any documents you would rely on in court, giving them a reasonable deadline to respond and stating that you will take legal action without further notice if you don't hear from them by the deadline.

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