Holiday deposits how legally binding are they.

[anastasia74]

My daughter booked a summer holiday a few months ago. with £5 deposit. the remainder of deposit is due now -£130. the problem is the girl who is the lead name has backed out, saying she will not pay any more money. she seems to think that the travel agent will not pursue her for the rest of the deposit which is now due. does any one have experience of this sort of situation. thanks

Check the terms and conditions - I think they'll want the rest of the deposit but how far they will pursue it if she resist I don't know. It may jeopardise the rest of the booking if she won't pay.

A contract is a contract - they are legally binding, provided the terms aren't in breach of the Unfair Contract Terms Act.

What the parties are entitled to do for breach of contract, and what they are actually prepared to do is another matter. The travel agent may not pursue her, but if they have all booked as one group rather than individually they'll probably cancel the whole booking if she doesn't stump up, especially as she is the lead booking.

there have been a few threads on this

That's a bit different though trixy, in that thread the OP didn't know about the staggered deposit being payable if cancelled, and in this the OP's daughter's friend clearly does know that there is a 2 stage deposit (fiver then 130 quid) and the 2nd part is payable and must be paid even if cancelled.

The issue here is whether or not they will actually pursue the balance of the deposit. I doubt they will but I do think they will cancel the whole booking.

Oops sorry! Just read the bit about staggered deposit and thought it sounded the same.

thanks a lot for your advice.