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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I would really appreciate some advice. I had a holiday

Resolved Question:

Hi

I would really appreciate some advice.

I had a holiday booked to Las Vegas with a friend in September and a couple of weeks ago informed her that I no longer wanted to go.

I wrote her an email asking for a bit of compromise on our plans and raised a concern about her drinking. We have been friends for about 4 years but her behaviour towards me reached a point where I was very unhappy and felt like she was dominating me and didn’t like how she made me feel. She did not respond to the content in my email so I decided the best thing for me was to tell her that due to my concerns around her behaviour I didn’t feel comfortable going with her for the 10 days and due to her behaviour towards me didn’t want her in my life anymore either.

I said that she could have the hotel room and that we should make our own arrangements etc.

This morning I received a letter but I am not sure what to make of it. I would appreciate your advice.

It says that court action may be necessary, it says that she writes in compliance with the practice Direction on pre action conduct

It says that I have cancelled a pre paid non refundable trip with no reinstatement of moneys to her.

She said that from me she is claiming £600

She says that she has calculated rescheduled flight costs at £200 and the hotel cost of £400.

Please can you kindly advise

Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is ***** ***** 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.

Alex Watts :

Did she book the flights and hotel separate do you know please?

Customer:

We booked through the flight centre so they arranged it all

Customer:

We have been informed that we can change the flight dates and duration of the holiday but the hotel is non refundable but she could find someone else to go with her at that time and I said she could have the hotel room I wuold rearrange something if I decided to go at that time

Customer:

I have not canceled her holiday. Currently my flight remains unchanged. I want to change the dates at a cost to myself and will rebook a hotel possibly next year. Her flight remains booked and the hotel is there for her to use as she wishes. It is her decision to move it and if she does incur costs that is the result of her decsion.


You booked the hotel under your name and I said that I would make no claim on it even though I had paid towards it. Your flight is in your name and me deciding not to go has not changed that fact. If you decide to change your flight dates that is your choice and that choice will result in you not taking advantage of the hotel room. If you incur a cost to make that change that is your decision. As it will be mine if I decide to do the same.


 


My actions have not affected the holiday you have booked.


 


Also I have not cancelled a pre-paid non-refundable trip. I have merely stated that I do not want to spend the time with you due to my concerns, stated in an email to you on June 6th 2014, in the hope that we might find an amicable solution, the content of which you chose not to discuss.

Customer:

The 'you' bit is my proposed response to her. Let me know what you think. To confirm me deciding to go at a separate time does not affect the holiday she has booked. I just won't be there. If that makes sense.

Alex Watts : If you are only changing your bits then as long as there is no additional cost to your friend there is no claim.
Alex Watts : Clearly you are liable for any charges for changing the flights etc.
Alex Watts : You would also be responsible if there is an increase in the cost of the holiday for your friend.
Alex Watts : But you are not liable in any other way.
Alex Watts : You are only liable for direct losses.
Alex Watts : Yes the letter is fine.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

I am a bit confused me pulling out chnages nothing for her. she can still go and have the same flight and hotel, me dropping out does not increase her cost the costs she refers to are based on her decsion to change her dates and therefore lose the hotel that was in her name. Am I liable for anything?

Alex Watts :

She can still go yes.

Alex Watts :

You can't stop her from going - it is you that are changing the booking

Alex Watts :

If she changes the dates, you are not responsible for any additional charges

Alex Watts :

Does that help?

Customer:

Sorry for any confusion. Its hard on here. :+) I know that she can still go. The hotel is in her name, I paid for half of i but have said that she can keep it. Its non refundable so unless she keeps to the current dates she will lose it but that is her choice. Me changing my flight date does not impact her flight and she could still go so ultimately I have not canceled her holiday. She is claiming against me for the cost to change her flight to a different time, which is her decsion and £400 bcause she is deciding to go at a different time and not use the hotel. In a court would I be liable to pay for any of these costs. Thanks again

Alex Watts :

I agree with you, you are not liable for those costs

Alex Watts :

Its her deicsion

Alex Watts :

Does that clarify?

Customer:

Great Thank you

Alex Watts :

Great. If I could invite you to rate my service before you go today

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

Customer:

Would you be able to email me a summary response in response to my forst question at all?

Customer:

well first explaination

Alex Watts :

Once you rate the answer the format changes

Alex Watts :

This means you can copy and paste the answer

Alex Watts :

But if you need more help let me know

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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