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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11153
Experience:  30 years as a practising solicitor.
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My son was going to go on a group holiday, sharing a room with

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My son was going to go on a group holiday, sharing a room with his girlfriend, but had to withdraw at late notice. each person paid £1700.00 for the all inclusive holiday. He accepted that he would lose this, but the travel company wanted an additional £950.00 as a single room supplement, making a total cost to him of £1700.00 if he went or £2650.00 if he stayed at home. I make this total to be a supplement of 155%. is that legal? The lead passenger is using this as the reason why he gave my son's place to someone else, while refusing to compensate my son in any way.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Does the contract allow them to do that?
What is the single room supplement for?
Customer: replied 2 years ago.

I don't know if there is a contract that allows the travel company to try to charge so much, as the terms and conditions don't mention figures.

The single room supplement is supposed to provide compensation to the travel company/hotel for the empty space. How can that total figure be more than if he had taken the place, particularly as he wouldn't be consuming the food/drink and facilities if he wasn't there?

Expert:  JGM replied 2 years ago.
Thank you for your question. My colleague has asked me to have a look at this for you.
Was the single room supplement to be charged against your son's girlfriend on the basis that she was going to need a single room because he was no longer going and that she would, therefore, be staying in a single room?
-Could you explain the situation a little more?
Customer: replied 2 years ago.

The supplement was to be added to the group total, as there would be a spare place in her room. She wasn't going to have a different room. The money that my son had paid was being retained by the holiday company, plus they were asking for another £950.00

Expert:  JGM replied 2 years ago.
The supplement would not be as well as the £1700. That doesn't make sense. It is probably instead of the £1700. Can you check this?
Customer: replied 2 years ago.

Yes! It was as well as the £1700.00. My son thought that he had lost his £1700.00 as the cancellation was within 28 days of the holiday starting. He was told by the lead passenger that the holiday company wanted the £950.00 single room supplement as well..

Expert:  JGM replied 2 years ago.
That doesn't make sense as is it would be cheaper for him not to cancel but just not go, don't you agree?
Customer: replied 2 years ago.

Yes, I agree. The lead passenger said that he had to give the ticket away as they would have needed to pay this surcharge otherwise. The lead passenger is saying that if the place wasn't filled, then this surcharge would have been applied, so he gave the ticket away and will not compensate my son.

Expert:  JGM replied 2 years ago.
If the ticket couldn't have been used by someone else stepping in and paying for the ticket, ie the £1700, then the surcharge would have been charged because the room would have become a single rather than a double. However it's not your son's fault that the ticket was "given away" and from the information you have given it would appear that he has cause for critisism of the organiser for failing to deal with this properly.
Customer: replied 2 years ago.

Thank you for the response. I suppose the bot***** *****ne is that if my son takes the lead passenger to court, does he have a reasonable chance of success. Otherwise, should he pursue the person who took his place on the theory of unjust enrichment?

Expert:  JGM replied 2 years ago.
I don't think there's a legal relationship with the person who took his place. The action should be directed at the organiser.
JGM, Solicitor
Category: Law
Satisfied Customers: 11153
Experience: 30 years as a practising solicitor.
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