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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I wonder if you could help. I booked my family holiday

Customer Question

Hi, I wonder if you could help. I booked my family holiday in October 2015 for myself, my husband, and 2 children age 17 and 14. After booking, my daughters friend said she would like to come along. So we spoke to them saying that it meant we had to book them a whole new holiday, and that they both had to commit to it, which they both agreed. They both paid a deposit if £200 on the 30/10/15 and my daughters friend is the lead passenger on the booking as my daughter will not be 18 until we are on holiday. My daughters friend advised us 2 weeks ago that she no longer wants to come due to her not being able to get the time off work which leaves us in a lot of financial expense because I have spoken to the travel agent and they cannot get my daughter back into our room and we cannot cancel the holiday because the holidays have all been sold and I cannot get my daughter on that way either, so either my daughter does not come on our family holiday or I have to pay the £1050 thats outstanding from my daughters friend. How do I stand legally about getting the money. Many thanks
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you.Getting the money from the holiday company or friend?Alex
Customer: replied 9 months ago.
From my daughters friend
Expert:  Ash replied 9 months ago.
You need to write and set out your losses and request a repair 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 repair 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?Alex
Customer: replied 9 months ago.
So the holiday remaining balance is not due until the 7th April, so she has a little time yet but what I am worried about is that because she is the lead passenger she can call and cancel the holiday in total and she then only loses £200 deposit which is more attractive than paying for a holiday she doesnt want, my my daughter obviously still wants to come and doesnt want her to so this. The travel company said any lead passenger can cancel a booking. If she did this can I claim against her for rebooking the holiday and costs for my daughter, I want to be realistic about this.
Customer: replied 9 months ago.
Yes I would like clarified, the holiday remaining balance is not due until the 7th April, so she has a little time yet but what I am worried about is that because she is the lead passenger she can call and cancel the holiday in total and she then only loses £200 deposit which is more attractive than paying for a holiday she doesnt want, my my daughter obviously still wants to come and doesnt want her to so this. The travel company said any lead passenger can cancel a booking. If she did this can I claim against her for rebooking the holiday and costs for my daughter, I want to be realistic about this. Is she in a contract?
Expert:  Ash replied 9 months ago.
Yes she could, but then you could sue her for the cost of the holiday if its extra. The company should be able to change the lead.Yes, this is a contract if it was agreed.
Expert:  Ash replied 9 months ago.
Can I clarify anything else for you?Alex
Expert:  Ash replied 9 months ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Expert:  Ash replied 9 months ago.
Alex

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