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Original poster

My 'virtual' holiday has been cancelled and I am now being threatened with cancellation charges.

31 replies

temmy99 · 11/07/2007 13:09

Having booked a holiday abroad just over a year ago, I was contacted by the Agent last week (8 weeks to departure)to request immediate payment in full for the balance or my booking would be cancelled and I would be liable for cancellation charges. I wrote to them with a request for an extension to make payment but this was refused and the booking cancelled. They then wrote to me requesting cancellation charges of almost £2K (including deposit already paid). I asked that they send me copies of any agreement I signed which indicates that I was aware and would be liable to these charges but there was none. I have also learnt that the resort I was due to go to, went into administration late last year and was brought out by another company which changed its name and management, but the travel agent said they were not aware of this, a fact I disputed as I have since obtained press releases announcing the closure. I have since written to the Travel agents Head Office demanding an explanation and informed them that I will be taking my case to court as I am yet to go for the holiday and the resort no longer exists (now owned by new management). I only sent the letter yesterday so still early days yet, but I have not been sleeping well for the past week and this has never happened before. I have discussed this with my dh and my eldest daughter (16) but I cannot bring myself to tell my other children (1, 4 & 10) as we sacrificed the whole of last year to go on holiday this year but things have just not turned out like I expected. I guess I just need to let it all out and ask if anyone could advise me somehow as to whether I am doing the right thing and do I have a leg to stand on so to speak. any words of comfort needed, can't speak to anyone else at present.

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Original poster

temmy99 · 11/07/2007 15:07

Please help

OP posts:

NoodleStroodle · 11/07/2007 15:13

I'm really not sure how you can get out of this. You had a contract with the holiday company which you breached by not paying the balance. I am sure the terms and conditions would have been in the brochure and there would have been a tick box on your form when you signed...

It does not matter that the resort has changed its name and management - you would be getting essentially the same holiday. If you weren't - and it would have to be significant eg no child care now offered where before 24/7 childcare had been offered - then you would have a case. But if it is a case of say Thomson now owning it rather than Thomas Cook and a name change then I am not sure you would have a case...

However I am not a lawyer - someone else might be. Sorry.

PrettyCandles · 11/07/2007 15:15

But surely you knew the date when you would be having to pay the balance?

Original poster

temmy99 · 11/07/2007 15:22

But thats the point. I did not sign a contract as they have sent the details to me which does not indicate any signature or tick. And just like bank charges. while it may be stated in their brochure that there may be cancellation charges, does not mean I agreed to them. How can they justify a £2K cancellation charge for a holiday not yet taken or shall I say costs not yet incurred. I have said I would make payment but a little bit later is that not reasonable? The irony of this is if they cancel the booking 4 weeks to the time I would still be liable to pay £2K so why not wait till then when I have said I would make payment? How can they put me through this, it is so stressful.

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chopchopbusybusy · 11/07/2007 15:25

Did you book it online or face to face with an agent? I think at some point you almost certainly either signed a contract or ticked a box to say you accepted the terms and conditions of booking. Do they have a website? Can you look on it? I have worked in a travel comapny in the past and we used to sell our bad debts to agents, so it really is in your interest to find out what you are liable to pay.

chopchopbusybusy · 11/07/2007 15:27

Cross posted with you. Did the confirmation/invoice have the booking conditions on it?

PrettyCandles · 11/07/2007 15:33

Sorry, but it really doesn't sound like you have a leg to stand on. In the T&C there would normally be a payment sche3dule (usually something like balance to be paid 60 days before departure) as well as a schedule of cancellation charges, eg loss of deposit if holiday cancelled 6m before departure date, 25% of whole cost if cancelled 2m before departure date, and so on up to 100% of the cost of the holiday - even if you haven't paid for the whole of the holiday. With an on-line booking you usually have a tickbox to tick indicating that you have read and accepted the T&C.

The fact that the resort is now under new management doesn't make any difference, unless it has been changed so much that it is effectively a different resort.

Original poster

temmy99 · 11/07/2007 15:42

I have looked and double checked my invoice and all it says is that payment should be made by so and so date. Nothing on the invoice to say 'if payment not made by then....' my sister who used to work in a travel agency said that this is usually put on their invoices and customers sign to say they agree to it. There is none of that on this invoice. Also, I agree that if I cancel the holiday up to 7 days before the departure date i would be liable to make quite a chunk of the holiday cost but I haven't been given the option as it has been cancelled by them not me when I have proposed to make the payment in the next couple of weeks. The hols is not due till the 3rd week in August. I am beginning to shake.

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walbert · 11/07/2007 15:53

Temmy, please try your insurances for the legal help. If you pay by direct debit, rather than ask hubby for p/work, ring bank, get companies tel number (they usually can get this from the direct debit info they have) and ask for the direct debit ref as this is usually your pol number. really, they can help if you have the legal cover. it might even be part of your car legal cover (and i think motor insurances insist you have legal cover ) so please do take 10 min to ring up the companies, i think you really will get some help from them (i used to flog house insurance so this was a big sales target, but it does offer legal avice, suport and funding if you need to take legal action!)

LIZS · 11/07/2007 15:59

But if you haven't paid the balance by the agreed date , which is normally set 8 or 10 weeks prior to departure , you do usually forfeit the holiday. Cancellation charges should be in Terms and Conditions and it may depend on whether they can resell it as to how much you could recoup. Did you book over internet as the T and C's would then be on their website, in which case the booking procedure would ask you to check the box to say you have read and agreed to abide by them ? These days I don't think you have to sign a contract physically for it to be binding.

GrowlingTiger · 11/07/2007 16:05

I had a situation where I ordered a hoiday by phone. I had been asked to send in the form from the back of the brochure, but in fact never got round to doing so (I'd been on lots of city breaks with the holiday and rarely bothered tbh).

As I split up with my boyfriend a week before we were due to go to Grand Caymen we were faced with a 100% cancellation fee. I found someone who was willing to buy the holiday from us, but again the cancellation fee would be applied so that didn't help. When I probed the situation though, as they did not have a form from us they did in fact have to refund us the full amount.

lisasimpson · 11/07/2007 16:09

Did you book through a tour operator that has a brochure? if so the t's and c's are clearly laid out in the back. If you did not sign a booking form it should be the responsibility of the travel agent to chase that up because of situations like these. Good luck

lulumama · 11/07/2007 16:10

is there not some implication that you agree to terms and conditions anyway.. even if you didn;lt sign, and it was on the contract, adn you paid a deposit, then is that not a confirmation that you have agreed to the terms of business......

if you haven't paid the balance, 8 weeks before you were due to go....when were you planning on paying, if you have had a year to plan.....

don't mean to sound harsh, but i doubt very much a court would help under these circumstances

lulumama · 11/07/2007 16:11

x post...maybe i am wrong then !

Dumbledior · 11/07/2007 16:12

I would agree that it was your responsibilty to check the terms and pay the balance in the agreed time. The fact that you paid the deposit also implies 'offer and acceptance' of a contract. Not that I am a legal bod by any means.

The change of owner of the resort may be a different thing though.

bubblerock · 11/07/2007 17:31

Can you not beg/steal/borrow (or ebay) to get the money together to go on the holiday, if you have saved all last year then it seems a shame to forfeit the holiday and possibly get charged.

Who did you book through?

HappyMummyOfOne · 11/07/2007 19:33

By paying a deposit for the holiday, you will have been deemed to have entered into their terms and conditions. If you booked over the net you will have agreed to them as standard as 99% of internet sites have them built in when purchasing anything.

If they can prove that they gave you the terms and conditions, they would stand a good chance in court of winning as you are in the wrong by not paying the balance by the due date. If you have been saving for a while you were aware of the date and this will go against you.

As for the resort changing names, if all the facilities etc are the same this wont make any difference.

pinkteddy · 11/07/2007 20:00

how about trying consumer direct?www.consumerdirect.gov.uk, telephone number 08454 04 05 06. If they can't help you they will re-direct you to someone who can. HTH

Original poster

temmy99 · 12/07/2007 10:14

Thanks everyone, for all your advice, yes I did have one year to plan it but I have suffered 2 close bereavements in the last 4 months and had to go abroad in April for one of them. I have explained this in writing to the travel agent and asked for a few weeks extension, this is one thing I did not plan on and would have expected them to at least take that in to consideration, I have not said I won't pay just asked for an extension, even the tax man gives you that.

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PrettyCandles · 12/07/2007 18:35

It certainly seems seriously uncompasionate of them, but they have no obligation to be compasionate. Do you have travel insurance? It usually covers cancelation as a result of close bereavement.

Original poster

temmy99 · 13/07/2007 10:33

Thanks prettycandles, I do have travel insurance but only covers me if I cancelled, but then I didn't. the TA did. I will still wait on their response to my letter, willing to fight it out as I strongly feel I have a case. Also, I have checked through their brochure and cancellation applies to confirmed booking not reservation and I have noticed from my invoice that they specified. 'this is not a confirmed booking.....

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tiredemma · 13/07/2007 10:38

Who is the tour operator that you booked the holiday with?

On our T&C's there is a break down of what you stand to lose within so many days of travelling.

Did you book online or in a shop? Did you sign anything?

Original poster

temmy99 · 13/07/2007 15:54

Tour operator is Thomson and the only thing I signed which they have sent me a copy is to do with the travel insurance which i cancelled within the two weeks of me booking as I already have annual travel insurance. I went into their shop.

OP posts:

tiredemma · 13/07/2007 15:59

when you booked the holiday in the shop and confirmed did you not sign anything, they didnt print something off for you to sign?

Original poster

temmy99 · 13/07/2007 15:59

Tiredemma are you a travel agent? the T & Cs that I have seen tend to relate to if I cancel the booking rather than the other way round.

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