Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Do you have the terms and conditions of the booking available at all?
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Many thanks for your patience. Whilst you can hold the company liable for the incorrect description and misleading you over the charges you were required to pay, you have to be mindful about what you can actually claim from them. In the circumstances, if you were faced with additional charges on arrival, then the reasonable thing would have been to pay these and then claim them back from the company. These extra charges would have totalled 900 dirhams so approximately £70 – not exactly a huge amount.
So in the circumstances this is what you would have been able to claim from the,. If you had decided to cancel the rest of the holiday because of the inability to resolve the issue with this, then a court is unlikely to see this as a reasonable response. A reasonable person would have paid this, regardless of whether they were advised of these charges in advance and just claimed it back later. However, you have gone and refused to use the remainder of the booking and potentially incurred further unnecessary charges by going on a different holiday and you are unlikely to be able to recover these costs. I am not saying that the company will not perhaps decide to offer you some compensation out of goodwill, but if they refuse then legally it would be difficult for you to do so. Of course it does not stop you from trying to take this further and hope that adding extra pressure will change their mind but think carefully before going as far as court.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.