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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have had to cancel a holiday which I have booked. I am due

Resolved Question:

I have had to cancel a holiday which I have booked. I am due to fly to Tunisia and paid £847 for the holiday. I have a detached retina which happened last week. I am having an emergency Operation tomorrow. My surgeon will not let me fly due to the nature of the operation for 3 months. I have a letter from my surgeon. I have just had a call from the travel company stating that I will only get back £47. I have been in contact with my insurance and they are sending the form out for me.

Is it right that the travel company will only pay me this back.

Regards

Sheila Towers
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

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.

Joshua :

I am very sorry to hear of your circumstances. From what you say you have travel insurance for the trip. Is that correct please?

Joshua :

When is your holiday booked for?

Customer:

Yes

Customer:

My holiday is booked for 4th May 2014 to 18th May 2014

Joshua :

Thank you. DId you book through a travel agency? If so may I ask the name of the agency involved?

Customer:

Yes. It was booked with Co-Op travel

Joshua :

Thank you. Would you mind bearing with me for a few moments while I check their terms and conditions?

Joshua :

Thanks for your patience. Did your holiday include accommodation? If so do you know how much of the cost of the holiday was for accommodation?

Customer:

Yes it included accommodation. Cost £839 plus single supplement £168

Joshua :

Thanks - you don't know how much of the above cost is apportioned to the flight and how much to the accommodation?

Joshua :

It is not important if you are not sure...

Customer:

What was on the invoice below

Customer:

Sorry clicked enter It doesn't say it just states Hotel 1x Ault accommodation £839 1x Room supplement £168 1 x holiday Discount £-174 Plus flight meals £39 Total cost £872.49

Joshua :

Unfortunately holiday bookings, flights and accommodation are not covered by the Distance Selling Regulations or other cooling off or cancellation rights and therefore there is no right to a cooling off period or cancellation right unless your agreement with the booking agent or company provides for one. Some occasionally do so. If you cannot travel due to unforeseen circumstances unfortunately there is still no right to cancel. If on the other hand you wish to cancel for some other reason - misrepresentation etc then there is the possibility to potentially do so.

Joshua :

The holiday company must however do its best to resell the holiday and where it is able to do this a full refund would be due to you less their admin costs. In practice holiday companies normally publish a sliding scale of cancellation charges which form part of your contract which provide for different amounts of cancellation charges depending on the length of cancellation notice.

Joshua :

The OFT have ruled that such terms are acceptable providing the company can show the reasons behind their methodology for calculating the cancellation charges.

Joshua :

Here the Coop terms provide for package holidays if you cancel giving them between 8 and 56 days which is the case here from what you say then the cancellation fee will amount to 80% of the holiday booked.

Customer:

So I will have to hope the insurance company will do something?

Joshua :

According to my calculations therefore under the above term you would be entitled to a refund of £174.50 under condition C8 and you may wish to revert to them on this point.

Joshua :

The above cancellation charges do appear to be broadly in line with industry practice and accordingly I do not think they will be considered unfair. However as you have travel insurance your policy should cover necessary cancellation if cancelled on the advice of your GP or consultant.

Joshua :

Do try to obtain medical advice not to travel in writing as this may be required by the insurer.

Customer:

Thank you

Customer:

I do have a letter from my surgeon

Joshua :

Subject to the terms of your policy and any excess due, your insurer would typically cover cancellation under these circumstances less any amount already repaid by the travel agent

Joshua :

That sounds ideal.

Joshua :

If you have any issues with your insurer you can make a complaint to the Financial Ombudsman however on the basis that your policy covers cancellation, which almost all do, and you have written medical advice, you should be alright.

Joshua :

I hope all goes well with your procedure and you make a quick recovery.

Joshua :

Is there anything above I can clarify for you any further?

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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