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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I booked a holiday in cyprus through an agent. My son

Customer Question

I booked a holiday in cyprus through an agent. My son suffered bodily damage due to owners negligence. Using contract law, is there any way that the booking agency could be sued as well? They have in there t & cs, say they are not. But next paragraph they say there are exclusions. Standard t&c.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

The owners, being in Cyprus?
Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi.
Sorry this went to live phone, which I don't want as I'm about to go out.
The owner does live in cyprus. Uk
Expert:  Ash replied 1 year ago.

Ok - then no you cant sue the agent.

The agent only books this - they are not liable.

The accident was not caused by them not were they negligent.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
We have had a review by chambers by our insurance company. He has mentioned the sale of good act 1982. And that the terms and conditions conflict with this.
Customer: replied 1 year ago.
Just looking at paperwork. The acommodation was purchased through the xxx as agent for the owner. There is no reference on the invoice of the agent acting as agent for the owner , therefore acting for undisclosed principal , therefore the contract is with the agent.
Expert:  Ash replied 1 year ago.

Ok - if the principal contract and they are the principal then they are liable.

You can sue them and make sure you get this on a no win no fee.

You need to write and set out your losses and request compensation 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 compensate 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 £1,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial. Its not the £10,000 small claim limit as this is personal injury.

Can I clarify anything for you about this today please?

ALex