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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Need legal advice on getting holiday deposit back who do I call?

25 replies

iknowimcoming · 07/07/2021 10:46

Can I just ring my local solicitor or do I need a specialist? Any advice welcome

OP posts:
dementedpixie · 07/07/2021 10:56

How was the deposit paid?
Why are you claiming it back?
Did you have insurance?

Hoppinggreen · 07/07/2021 10:57

Who is the company?
Is there a trade organisation or ombudsman you can speak to?

iknowimcoming · 07/07/2021 11:35

Deposit was paid via bank transfer (£35k) this was/is our holiday of a lifetime, multiple flights and destinations in red list countries, booked about 4 weeks before the pandemic hit, they refused to refund it (said deposit was sent to various hotels and airlines etc and they didn't have it, and they'd go bankrupt if they had to refund us) reputable (abta etc)but niche travel company.

Rebooked for this year (costs increased) but they contacted us a few months back and said obvs couldn't go ahead this year, can we rebook for next year (again increased costs). Our situation is very different now, not just financially but our adult dc are now both at uni (or will be soon) and committing to a 3 week holiday next summer is tricky for them.

Anyway we've been discussing options (nothing concrete) and they contacted me this week saying they needed to speak to me urgently, which seemed odd. I checked on airline website with my booking ref and got 'no such booking exists' then checked flight number and airline no longer operate that flight so I presume have cancelled the booking and refunded travel agent.

My understanding is that if the flight is cancelled the travel agent have to refund entire payment in full as they cannot deliver the goods. We do have insurance (2 lots as had to take out additional policy to cover full cost of holiday as over £100k).

I spoke to them and asked about a refund and was told 'I'll speak to my director' and had an email shortly after saying he'd spoken to his director and they are working on it, but heard nothing more since Monday. I suspect they are going to be difficult and want to know how best to proceed.

OP posts:
Hoppinggreen · 07/07/2021 16:42

Given the amount involved I think a Solicitor is a good idea.
Just look for a generalist in your area

zippityzip · 07/07/2021 16:49

Sorry.... 35k deposit?

zippityzip · 07/07/2021 16:51

Omg 100k for 3 weeks. Right. Yes. Definitely get a SHL ASAP and contact publicly via social media to embarrass them.

iknowimcoming · 07/07/2021 16:58

I have sent them an email stating that since the flights are cancelled I am requesting my full refund at their earliest convenience, giving them the chance to do the right thing and hoping that they do. Benefit of the doubt and all that ...... we'll see!

OP posts:
Purple21 · 07/07/2021 17:00

Omg!
Yes this needs a solicitor.
So sorry your having this stress!

Bluntness100 · 07/07/2021 17:01

Why don’t you speak to your insurer.

iknowimcoming · 07/07/2021 17:03

Insurance won't be interested at this stage - they will say we need the travel company to refund us

OP posts:
2tired2bewitty · 07/07/2021 17:04

Given the amounts involved I would definitely try and find a solicitor who specialises in holiday issues.

ivfgottwins · 07/07/2021 17:07

I'm hoping you are going to say this is a holiday for 10 people? Where on earth or maybe not earth 🚀 are you going for £100k?!

iknowimcoming · 07/07/2021 17:13

Has anyone used which legal services - their website says they have a travel specialist dept, wonder if that might be a good place to start?

OP posts:
Crockof · 07/07/2021 17:20

I think if it's that much money it's worth paying a solicitor. Did you put the deposit on credit cards?

What were you planning on doing and how many were going? It's another world to me so just interested, but you must be gutted not to go.

tywysoges · 07/07/2021 20:20

@iknowimcoming we used which legal services for a different issue and they were excellent.

HelenHywater · 07/07/2021 20:27

I'm in the same situation for much less money! But I'm trying to persuade the insurance company to exercise its discretion and pay out under the insurance as an ex gratia payment. The insurance company are listening... (Mind you they don't have to pay out £35k).

iknowimcoming · 07/07/2021 21:23

Thanks @tywysoges, I'll give them a call tomorrow if I've still heard nothing. I called the airline this afternoon who confirmed that they cancelled our flights and issued a full refund (just under £18k) to the travel agent last week, which the agent hasn't mentioned Angry

OP posts:
ScottishDiblet · 07/07/2021 21:36

Hi I’m sorry this has happened to you. I think you might not need a solicitor yet. You can use the Abta system if you need to. The advice is all on their website and should be easy for a lay person to follow. Good luck. Flowers

iknowimcoming · 12/07/2021 15:12

I feel sick - the travel agent isn't abta registered, only atol which only covers the package if the travel agent goes bust. I'm sure I checked they were abta registered when I booked it, is it possible they were then but haven't renewed it? I had an acknowledgement of my refund request email on Friday saying they are 'working on it' but nothing since. Going to call the travel insurance company and see if they have any advice - fuuuuuuuuuuuuck. Sad

OP posts:
Crockof · 12/07/2021 16:29

I don't understand. Get a solicitor, if you can afford a 100k holiday you can pay for a solicitor, this is your best chance of getting the 35k back (unless you paid on credit card?)

mydailymailhell · 12/07/2021 16:37

Ring ABTA and check if they were a member at the time you booked the holiday.

Did you book a package holiday eg flights and hotels together at an inclusive price? If so you are covered by the package holiday regulations - Which has a good summary of what is involved. You have lots of rights here and the rules are very strict around what the agent has to do if it cannot provide the package. I think you should probably have been refunded prior to any flights being cancelled. Which legal services are usually excellent

mydailymailhell · 12/07/2021 16:39

If you did book a holiday as a package the. If you google “package holidays refunds Covid” lots of info will pop up. The competitions and markets authority looked into it recently.

LongTimeMammaBear · 12/07/2021 16:40

Call ABTA too and find out if they were covered at the time of booking. I recall getting abta certificates when booking a trip just prior to covid (and took prior to covid).

iknowimcoming · 12/07/2021 16:53

Thanks for the advice. Holiday was booked as a package yes, I've booked an appointment thru which legal services for later this week (not because I can't afford a solicitor but because I'd rather not spend hundreds/thousands on a process that shouldn't really need it). I will call abta to see if they were a member at time of my booking. Feel a bit calmer now, apologies for the drama

OP posts:
mydailymailhell · 12/07/2021 17:11

There are really clear rules around package holidays and when Covid struck you probably should have been offered a refund. Is it a reputable travel agent? Which legal should be able to sort you out

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