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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25659
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have booked a uk holiday with a well known agent on a low

Customer Question

I have booked a uk holiday with a well known agent on a low £25 deposit, when the agent took the booking he said nothing is due until May but never mentioned any clauses in the low deposit deal. I cancelled the holiday 4 weeks later and they are now chasing me for the remaining £350 deposit saying i am liable to pay all of the deposit as stated in the contract, a contract i have not signed by the way. I asked to change my booking to another date but apparantly the cottage i booked is no longer on there books, i asked to swap to another cottage that was available on the dates suitable but they tell me my booking contract was between myself and the owners of the cottage i originally booked.. this cant be right ??
Submitted: 4 years ago.
Category: Law
Expert:  Joshua replied 4 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

When was the holiday booked for please?

Josh-2010 :

What did the tell you about the deposit if anything?

JACUSTOMER-g1q3ikd1- :

nothing was mentioned at all about the deposit, just that it was a special low deposit deal..

JACUSTOMER-g1q3ikd1- :

the holiday was booked for end july 2013

Josh-2010 :

Were cancellation terms discussed? Were you given the opportunity to read the terms and conditions?

JACUSTOMER-g1q3ikd1- :

everything was emailed to myself and to be honest i never read terms and conditions, i have travelled a lot and booked holiday then cancelled but never been charged ever..nothing was discussed over the phone about terms and conditions that i can remember and definatly nothing was mentioned about the low deposit deal where i would be liable to pay all of the deposit if i cancelled.

Josh-2010 :

Thanks The starting point is that if you agree a booking then this constitutes a contract and if you cancel the contract then you are required to put the other party in the position they would have been in had the honoured the same. What this means in practice is as follows:

JACUSTOMER-g1q3ikd1- :

infact i had no idea how much the full deposit would have been, othewise i probably would have waited rather that rushing in with the booking but they made it seem so good at just £25 deposit and nothing more to pay till may

Josh-2010 :

Notwithstanding the above the property owner is under a common law duty to mitigate his losses. From what you say you have given him some several months notice during which time it is not unreasonable to expect him to be able to resell the property particularly if he gradually lowers the price if necessary as time goes on to encourage a taker. Many holiday companies provide for a sliding scale of damages based on the timescale of notice you give for cancellation relating to a higher or lower amount being payable as damages...

JACUSTOMER-g1q3ikd1- :

the thing is, i want to just change the dates but they are refusing to transfer to another date

JACUSTOMER-g1q3ikd1- :

saying the cottage has been taken off there books..

Josh-2010 :

There seems to have been an issue with the connection and all of my posts have been deleted which is very frustrating - please accept my apologies. I note you have rated my service to you as poor. I am happy to repost everything that has been deleted and continue to assist. Could you confirm you would like me to continue to assist.

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