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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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How is it that this type of extortion is within the travel

Resolved Question:

How is it that this type of extortion is within the travel agents power.
Wishing to celebrate our 50 wedding anniversary, we searched the cruise companies for a cruise over the Christmas New Year period. Living in Essex and the time of year Tilbury was the ideal starting point we found Barrhead Travel, Cruise Maritime had a new ship in their line
The Magellen sailing to the Canaries seemed ideal. We booked and paid the deposit required late January, to enable availability of the dates required and choice of cabin.
A friend mentioned reports of the Magellan seen in Cruise Critic.co.uk.
On inspection we were struck by the number of adverse criticisms on a great number of areas, we became more concerned as the list grew over the weeks to follow.
Not wishing to worry all summer long about the warning from these experienced travellers. We decided to cancel This long awaited holiday 7/04/15 and loose our £400 deposit and reading the very small print that there was also a cancelation charge of £30.
How can this be legal with so much advanced notification giving the company the opportunity to resell the holiday.
To change booking and not loose our booking fee, but there would still be a £100 Administration Fee for the two of us.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
You need to write and set out your losses and request a refund 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.
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.
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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
Dear Alex, I have written again explaining that I know about small claims , but as my letter was dated April, and the small print stated I couldn't claim off any cancelled holiday I never thought the time lapse would allow me to claim.
Thanks
Robin sorry for the delay in replying I had to go to hospital.
Customer: replied 1 year ago.
I need to know if this ruling by the holiday company is legal
Expert:  Ash replied 1 year ago.
You have 6 years to make a claim. Yes they are legal company.
Does that help?
Alex
Customer: replied 1 year ago.
Thank you Alex, I appreciate that the company is legal, but is the small print legal which I must have accepted at the time also the small claims stated a 14 day rule
Expert:  Ash replied 1 year ago.
14 days is suggested, it is not mandatory. Under The Unfair Terms in Consumer Contracts Regulations 1999 Reg 5 states:
Unfair Terms
5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
Therefore this is more ammunition.
Does that help?
Alex
Customer: replied 1 year ago.
Dear Alex, Many thanks for your advice, I shall try again to gain to obtain some form of compensation from the travel company, failing that I shall obtain forms for the small claims court. Best wishes Robin
Expert:  Ash replied 1 year ago.
Good luck Robin.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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