Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Can you please explain your situation in a bit more detail?
friend of mine booked a holiday to Turkey for me and her to attend. I have recently been informed that she has changed my name on the booking to exclude me, and put someone else in without my consent. Can she legally do this
Legally it is possible, The contract for the holiday is between her and the travel company because she is the one that booked it. She is able to change the details on the booking to whoever she wants and the travel company only have to take her instructions as she is the one that is on the booking contract. Of course if your details have been removed and you already paid for the holiday, you would be due your money back. So if you paid her for the holiday, she then removed your details and you can no longer go, then you would expect to get your money back from her. If she refuses to do so then that is when your legal rights kick in and you can pursue her for the costs you have paid.
I have paid my half of the holiday in full, but as yet have recieved no refund. I would actually still like to go on the holiday, is there anyway apart from her changing it back, that i can still go?
Sadly no, the company will just be going by the booking details so if you are not on there, you cannot go with that particular booking. Whether you can make a separate booking and still go is another matter but it depends on the arrangements, whether this is private accommodation that is now booked by her party, etc.
Ok, so how much refund should i expect back, and how long has she got to pay it?
the full amount you have paid, there is no legal time limit for when she must pay it back and it should be done as soon as possible really but you have 6 years to make a claim against her if she refuses to refund you
Do you know why there is no law in place for this to happen? There must be lots of people in my position who get excluded from a booking, and have paid in full, but cannot do anything about it.
I wouldn’t say it is a common occurrence really, and there is certainly not a law that would cover every eventuality in life. Your rights are that you do not suffer losses as a result of this and that would mean getting a refund for any money you have paid.
But surely it is a type of fraud? Taking someones money in good faith that they will recieve something from it, then changing the booking without their consent? I understand i am due a full refund for this, but that could take time recieve back, meanwhile i am out of pocket, ad have no holiday to go too.
It is not fraud, it is a breach of contract if the money is not returned but you have protection against that and can recover the money if needed. The loss of holiday is just a loss of enjoyment, you will not be compensated for missing out on that I am afraid, the law won’t cover it.
So what is my protection against the return of the money?
well as mentioned you are entitled to it back and if the person refuses to return it then you can take the matter to the small claims court within 6 years
Ok well thanks for your help.
you are welcome, all the best