Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Have they refused to cancel please?
Just to be clear nowhere on the site did it make it clear that this was a firm booking?
They will cancel IF he pays 40% of the cost of the holiday but refuse to accept this was a mistake.
I assume he has not entered any credit card information?
There was a button marked firm booking at the bottom of a page where he had put all his details which he pressed. He thought this would be like booking flights or buying something on amazon where all the details he wanted would come up for him to confirm as he was trying to find out if the hiliday included flights.
Noi he has not given any financial details
Do they know his address?
yes they do
Ok. In their terms does it say that it can be cancelled etc?
Yes it can be cancelled in writing to the holiday provider. TT is entitled to full cost reimbursment as long as the cancelation is not atributed to them and is the customer wanting to cancel ( paraphrased)
Clearly there is an issue here regarding jurisidction.
If this was in the UK then there would be an issue regarding terms, whether or not they were clear etc./
Indeed one could argue as this is where the contract concluded then UK law would apply.
This would make it so where something is onerous the more attention should be drawn to it - ie the fact it was a booking and not a quote.
He should therefore refuse to pay.
They could try and issue proceedings in the same format as a small claim in Germany, but he could defend it on the jurisdiction basis.
Then you are left with them having the option to issue proceedings in the UK.
I can not imagine they would as it can not be cost effective for them.
As such he should write saying he is not going to pay and that UK law applies as this is where the contract is concluded.
Can I clarify anything for you about this today please?
can you explain in laymans term juristiction
Country of dispute
also just to ne clear he will be refusing to pay because it was not clear when he pressed firm booking that this was actually going to purchase the holiday?
The terms were not clear as they ought to have been
Thank you very much.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.
Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Will do thank you
All the best
In UK law regarding clarity of terms is there a clause or wording we should quote in the letter to the holiday company?
No, you dont need to worry too much.
Its called the 'Red Hand Rule'
Thats from the case of:
You can also quote:
Does this help?
do i need to explain the "red hand rule" or will it be suffice to mention it?
Just need to say the terms are not clear and they ought to be as per the red hand rule
Does this clarify matters?
Yes that is great - is we think of anything else I assume we can contact you again as above?
I think that should do you.
Dont forget to leave feedback before you go today. All the best with this.