Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Do you have travel insurance in place please? May I ask the reason you can no longer go? What type of holiday is it - e.g. package, accommodation only etc?
There is a facility of speaking but for some reason it does not appear to be available on this thread. Are you happy to continue typing - I should not need to ask you to type that much.
Oh dear - I am sorry to hear that. Is the accommodation in the UK or overseas? Is it a hotel or villa?
Thanks. Finally is the company who you paid based in the UK or abroad - i.e. did you pay the company in the Uk or overseas?
Thanks. Do you have a link to their website so I can review their terms and conditions?
That should be all I need...
That appears to be an email address. Do you have the weblink?
Thanks. If you could bear with me while I have a look at the terms...
From what you say the holiday is in the next week or two?
Thanks. The company has a set of terms and conditions which specifically provide for cancellation. They provide...
If you cancel:• Between 14 and 8 days before your arrival, we retain 75% of the total amount of your stay including ancillary services.• Between 7 days and the day of your arrival, we retain 100% of the total stay including ancillary services.
There is no choice of law clause in the contract to say whether the contract is governed by French law or English law however given that the company with whom you are contracting is based in France and the subject of the contract in France, there would be a strong case to support that the contract subject to French rather than English law
in English law, it is accepted that providing cancellation terms are not unreasonable, where they exist in terms and conditions, they will be binding upon the parties and based upon the conditions detailed in the cancellation policy this would likely apply here. Accordingly, unfortunately I would consider that it is likely that you would be bound by the cancellation terms provided. However, as you say, you have not yet given them the balance of money and you may consider that you do not wish to make life easy for them and simply notify them that you will not be attending and suggest that the attempt to relet the accommodation. You may consider claiming that because you did not receive any form of confirmation from them, you did not believe that the booking had been accepted by them and try to avoid the contract on that technicality. I do not suggest this would be successful ultimately if they decided to pursue the matter in court but it introduces an element of doubt which makes pursuing you potentially more difficult
also consider, that they are based in France and you in the UK and whilst I do not suggest it is very difficult for them to pursue you, it is certainly not a straightforward as it might be if they were based in the UK and the combination of the above approach and your geographic location may be enough to dissuade them from taking further action
how you proceed, is very much up to you to decide depending upon your appetite for risk. you could of course choose to simply pay what they request but you may prefer the above approach and hope that they do not pursue you given the above potential difficulties for them in doing so
if they were to pursue you, they would be able to at limited though not significant legal costs to a claim they bring so you may consider that it is a risk worth taking
If I can assist any further as the situation develops please do no hesitate to let me know.
Is there anything above I can clarify for you any further for now?
A pleasure. If I can assist further do please let me know.
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