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Legal matters

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Daughter’s break-up and holiday nightmare

307 replies

LockdownBride · 06/06/2022 18:59

Hello,
My daughter was 18 in February, had been with her BF for 18 mths and they booked a holiday together for after their A-level exams in Greece.
DD paid for the trip upfront and he was going to pay her back, she had £4K child trust fund on her birthday. The holiday was £1200.
He ended it two weeks ago, right before her first exam and we are just beginning to see the light and get angry.
He has said today that if she cancels the holiday, he’ll pay half, if she’s goes with someone else, he’ll pay nothing.
I think this is unreasonable as she will have to find someone to go with, pay transfer fees for a name change all at short notice.
If she cancels, she wouldn’t get a refund.
the holiday is booked with LoveHoliday.com

Any ideas or suggestions on her rights, if any, would be great 😬

OP posts:
WomanStanleyWoman2 · 17/06/2022 17:30

I think you might be wrong in saying that he can’t be held liable. Your daughter can take this case to the small claims court and get her money back. He has entered a verbal contract with your daughter by saying that he will pay £600 towards the joint holiday. If he decides not to go, he still has to pay for the holiday.

But he’s already offered to pay £600. The small claims court isn’t going to award her any more than 50% of the cost of the holiday, even if she can prove there was a ‘verbal contract’ (what’s to stop him arguing that she offered to pay for the entire holiday and is only asking for money now because they’ve split?)

prh47bridge · 17/06/2022 18:45

N1no · 17/06/2022 15:06

I think you might be wrong in saying that he can’t be held liable. Your daughter can take this case to the small claims court and get her money back.
He has entered a verbal contract with your daughter by saying that he will pay £600 towards the joint holiday. If he decides not to go, he still has to pay for the holiday. If someone else can be found, great but that person has no legal obligation to refund him in full or in part. The only payment the replacement traveler might have to make is the change of name on the travel documents. You could even argue that he has to pay the transfer fee because the holiday would not be enjoyable if your daughter would go on her own.

Agree with @WomanStanleyWoman2

He has offered to pay £600 if the holiday is cancelled. I really don't get the argument that, if the OP's daughter chooses to take a friend, he should pay for them to have a free holiday. He perhaps should pay the fees to transfer the booking, but I doubt the courts would order him to pay anything more.

Yutes · 17/06/2022 18:52

OP hasn’t been back 🤷

lightisnotwhite · 18/06/2022 11:08

My moneys on that they’ve got back together and the holidays back on.

LockdownBride · 18/06/2022 17:57

The holiday has been cancelled, she had a small amount back but more than we thought which was good. He is still claiming he will pay her half, she is yet to see any money.

OP posts:
AchatAVendre · 19/06/2022 10:51

LockdownBride · 18/06/2022 17:57

The holiday has been cancelled, she had a small amount back but more than we thought which was good. He is still claiming he will pay her half, she is yet to see any money.

Sadly predictable. He was due to pay the money as soon as the holiday was booked, and it seemed unlikely that he would ever pay it. At least she has found out now what a waste of space he is, before getting further emeshed with him. Part of me wishes she would do a small claim against him, as she would clearly win the sum she is out of pocket from any court after taking her 50% into account. A generous judge (and they can be unpredictable in small claims) might even award her the whole outstanding holiday cost, because she wouldn't have booked it but for his promise to pay and join her on the holiday ie it was a joint venture type of contract which was based on the specific individuals involved seeing it through and if one is in breach, then that causes the whole contract to fail.

Girliegirl83 · 01/07/2022 21:16

www.mumsnet.com/talk/ninety_days_only/4580958-getting-money-back-from-daughters-ex-boyfriend

With missing important detail about xbf offer. Someone is still hoping he will pay the lot

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