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

[temmy99]

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.

the fact that the resort changed management/owner is irrelevant bt the way- your holiday in theory is through Thomson- not direct with hotelier

I was a TA for 6 yrs- only left this year.

can you give me 5 mins? will look at something for you

Honestly, the only thing I signed, (haven't got it to hand) read something like.... I the undersigned would like to be contacted by ....for news of offers ...... something like that.

My sister was also a TA for a while and has checked my invoice and said there should have been something along the lines of if we do not recieve payment by so and so date and I should have signed something but this is not the case as it only refers you to the t and cs in their brochure, leaving work now will check in later, thanks.

You do not have to sign anything to be legally bound to the contract you created with the tour operator.You did say at the beginning of your op "Having booked a holiday abroad just over a year ago" so you do not seem to be denying that a contract existed. You need to talk to the agent to see if you can delay payment/change booking or whatever.

Booking conditions

sorry Temmy it says on here that total payment should be payed 8 weeks in advance.

The clause that describes them cancelling the holiday describes it in a sense where a deposit has been payed and you are still in the period of time where balance is not due yet- or when a holiday is cancelled when balance has been payed.

Your situation here is that you forfeited your right to be covered fully by this clause when you failed to make the balance payment on time. You may have requested an extension, but no tour operator has to honour this.

Had the balance been payed you could have complained about the new ownership and perhaps had the opportunity to move accom- but you still would have payed and admin charge for your request to move.

Most tour ops generally grant a weeks leway on balance payment, did they not contact you prior to cancelling your hol to tell you that balance would be due shortly? Tour ops will cancel a holiday as a very last resort, they should have contacted you at least once to tell you that your balance was due imminently.

If you really have not been made aware of the booking conditions then it is an issue for the shop to deal with as we had it drummed into us the importance of doing so, this may be your only chance of getting your complain heard, you will need to remember the name of the person selling you the holiday. But ultimatly- unfortunatly, it falls down to you- there would have been somewhere on the documentation given to you when the balance was due.

It does clearly say in their booking conditions that they reserve the right to charge cancellation charges which they will pass onto you if you miss the balance deadline.

Sorry Temmy, hope the booking conditions make some sense, you should speak to the shop about not making you aware, but we always had to give out booking conditions by law so I dont know where you stand with this.