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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am on holiday and the travel company I used failed to provide

Resolved Question:

I am on holiday and the travel company I used failed to provide me with the correct accommodation on our first night due to "overbooking". When challenged, the manager of the resort admitted to knowingly overbooking our class of room. The compensation they offered was €90 only to be spent within the resort. Am I right in thinking that this represents a very deliberate breach of contract? And in attempting to impose terms and conditions on the nature of the compensation is this also highly dubious?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

What is in the terms and conditions about overbooking? As you probably know most airlines oversell by around 10%?

Customer: The travel company is jet2. The terms and conditions on their website are not really clear "post travel". Section 12 of their terms and conditions is what I believe pertains to my particular case. What I object to is the company knowingly entering in to a contract with me which they reasonably expected they couldn't fulfil. They then offered me compensation which they then tried to impose further terms and conditions on how the compensation was spent.
Customer: I paid just under £2000 for my holiday of ten day duration. Although my family and I were accommodated in a lower class of accommodation, because we had to re-pack and move ourselves to the correct level of accommodation the following day, it was 23hrs before we we're able to relax and actually begin to enjoy ourselves. I therefore feel that having lost one day out of ten, the company owe me £200. The sum on offer from jet2 was £60. This I feel is insufficient for ruining the first 24 hours of my family holiday.
Alex Watts : You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Customer: Thank you very much for your clarification. One more question please!! I am disgusted that a travel company is allowed to overbook. Is there a way I can fight this practise and have it ruled illegal?
Customer: Also of note, the resort "targeted" British holiday makers, which I suspect is due to the rather relaxed nature of the Brits. The only holiday makers who we're being inconvenienced where British. The Germans and the Dutch holiday makers all got the class of rooms and service they had paid for. Surely there is something that can be doe legally to prevent this "profiling"?
Alex Watts : That might be an EU issue.
Alex Watts : But you can certainly bring it to the attention of programmes likes Watchdog
Alex Watts : Can I clarify anything further?
Customer: I think that's all for now, thanks
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