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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I've booked a holiday to go away with a friend, I'm

Resolved Question:

Hi,
I've booked a holiday to go away with a friend, I'm the lead passenger and I'm planning to cancel for financial reasons. We've both paid a £202 deposit each, if I cancel we'll lose the deposit as the holidays not until May 2015.
My friend also has 2 of her friends going who made their booking separately, however same dates, hotel etc.
I've contacted the tour operator and they've informed me she can transfer onto their booking for £50 admin fee, however she's refusing to do this.
In addition to this I gave her the option to find someone else to take my place and just pay the rest of the holiday off.
However she's been extremely obtuse and refused to join her friends booking or replace me as a passenger. Where do I stand legally despite promising to give her, her deposit back if she couldn't find someone else to take on the booking? Thanks
Mitch
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : So your friend at most would lose the deposit as well?
Customer: Hi Alex,
Customer:

Yes that is correct...

Customer:

She's demanding that I pay her, her deposit back. I've refused on the grounds that there was other solutions...

Alex Watts :

Indeed.

Alex Watts :

That is quite right.

Alex Watts :

You would be liable for the £50 of course.

Alex Watts :

But if she refuses to get it transferred she has failed to mitigate her loss

Alex Watts :

That means minimise it.

Alex Watts :

You should write and set out your position. so that everyone is clear.

Alex Watts :

Say you are willing to transfer for the £50.

Alex Watts :

But that if she refuses she is failing to mitigate and therefore you consider that you wont be liable.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

That's everything! Thank you so much for your help!

Ash and other Law Specialists are ready to help you

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