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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
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I enquired about costings for a holiday through Travel Republic

Customer Question

I enquired about costings for a holiday through Travel Republic on 30th May to depart 10th June. Before I had chance to read their Booking Conditions page Travel Republic phoned to complete the booking by phone. I agreed without realising the risks in doing so and authorised payment in full on my credit card. He also asked me to switch off my laptop to avoid duplication. I had not effected Travel insurance due to delays caused by my complicated previous medical history. I became seriously ill three days later with symptoms indicating pneumonia and was rushed into hospital. I was affected both physically and mentally (I did not know my own name!) and the doctors advised my wife to cancel or change the holiday as recovery would take at least a month. Although she did this within 7 days of the booking she was advised that the full cost of £1140 would be forfeited as per their Booking Conditions. Neither would they agree to rebook the holiday to later in the year. My credit card provider has rejected my claim for chargeback as, in their opinion, there was no breach of contract, despite my not being made aware of the risks contained in those Booking Conditions. Can it be true or right that a companys Booking Conditions override statutory consumer protection legislation? Do I have any remedy?
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. At the outset, the Distance Selling Regulations do give you a 7 day cooling off period during which you can cancel this holiday with Travel Republic without any liability attaching to you whatsoever. This piece of legislation applies irrespective of what the Terms & Conditions of Travel REpublic state. The Terms & Conditions are overridden by the Distance Selling Regulations. Here the Distance Selling Regulations apply because you booked by phone. As your wife cancelled your holiday within the 7 day cooling off period, you are entitled to rely upon that cancellation and to have your money refunded without any deductions.

Buachaill :

2. As the holiday company, Travel Republic have refused to refund you your full £1140, you should make a complaint either to the Tour Operators bodies such as ABTA or AITO, or else make a complaint to the Consumer's Association. Look at Travel Republic's letterhead and see which body they are a member of and then make a complaint there. However you can rest assured you are entitled to your money back. Finally, if none of these is satisfactory, then you simply sue for the refund of your money in court.

Buachaill :

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