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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We've booked a holiday with holiday gems( and

Resolved Question:

Hey there,
We've booked a holiday with holiday gems(http://www.holidaygems.co.uk/) and we want to cancel and they want to charge us 70% cancellation fee which is 2500GBP. This is outrages especailly since the holiday is in late July - so quite a while away. what can we do to get out of this situation please?
Many thanks,
Marus
P.S. - This company seems very shady and many peopel have complains about it. i should of checked properly before I booked.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.How did you pay for the holiday, was it credit or debit card?Alex
Customer: replied 1 year ago.
Hey Alex,Debit card
Expert:  Ash replied 1 year ago.
When did you book and when did you try and cancel?
Customer: replied 1 year ago.
1 min ...searching for info
Expert:  Ash replied 1 year ago.
Sure.
Customer: replied 1 year ago.
ok..so the holiday was confirmed on the 8th of Feb 2016 and the cancellation request was sent on the 22nd of Feb
Expert:  Ash replied 1 year ago.
Was it a package holiday, ie flights and hotel?
Customer: replied 1 year ago.
no, just the hotel for 8 people all inclusive
Expert:  Ash replied 1 year ago.
If it was a package holiday then the following would apply:Prior to 98 days: Total flight cost plus 40% of the total accommodation and other elements, (minimum accommodation charge of £100)98 - 42 days: Total flight cost plus 50% of total cost of the accommodation and other elements (minimum accommodation charge of £100)41-34 days: Total flight cost plus 70% of total cost of the accommodation and other elements (minimum accommodation charge of £100)33 - 7 days: Total flight cost plus 90% of total cost of the accommodation and other elements (minimum accommodation charge of £100)Less than 7 days: 100% of total cost of bookingBut this is not, this is a hotel only. As such the following applies:24. CANCELLATION BY YOUIf you or any other member of your party decides to cancel your confirmed arrangements or any part of them you must notify us in writing or by email to***@******.*** and we will pass on your notification to the supplier concerned. Since the supplier incurs costs in cancelling your arrangements, the supplier may charge the amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the arrangements and will normally increase closer to the date of departure). In addition you must pay us an administration fee of £80 per person per cancellation. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. Sadly this means that they are entitled to charge up to 100%. All you can do is claim that the terms are unfair as per the Consumer Right Act 2015 that states at S,62:62Requirement for contract terms and notices to be fair(1)An unfair term of a consumer contract is not binding on the consumer.(2)An unfair consumer notice is not binding on the consumer.(3)This does not prevent the consumer from relying on the term or notice if the consumer chooses to do so.(4)A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer.(5)Whether a term is fair is to be determined—(a)taking into account the nature of the subject matter of the contract, and(b)by reference to all the circumstances existing when the term was agreed and to all of the other terms of the contract or of any other contract on which it depends.(6)A notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations to the detriment of the consumer.(7)Whether a notice is fair is to be determined—(a)taking into account the nature of the subject matter of the notice, and(b)by reference to all the circumstances existing when the rights or obligations to which it relates arose and to the terms of any contract on which it depends.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?Alex
Customer: replied 1 year ago.
Ok..so they don't have the money yet..we just paid a deposit of 40GBP
Does that mean I can take them to court when they'll ask for the money?
Customer: replied 1 year ago.
Also, what sort of chance of winning do you think a case like this will have?
Expert:  Ash replied 1 year ago.
Well if you haven't paid anything then they would have to sue YOU for the money if you refuse. I think you have an arguable case that the terms are unfair and its unlikely they would have suffered that loss and not able to resell the hotel rooms.
Expert:  Ash replied 1 year ago.
Can I clarify anything else for you?Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
No, that's great info Alex... Many thanks!
Expert:  Ash replied 1 year ago.
Good luck with this.

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