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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We recently booked a holiday on-line. The holiday company

Resolved Question:

We recently booked a holiday on-line. The holiday company got hacked and unbeknown to us we were communicating with fraudsters and they took our money. Is the holiday company liable to pay for our holiday. Our insurance doesn't cover fraud. What are our rights?
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

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

Just to be clear, it was THEIR end that got hacked, not yours?
How did you pay for the holiday?

Customer: replied 11 months ago.
This is the comms from the fraudsters.From: TransferWise Support <*****@******.***>
Sent: 01 August 2016 06:42
To:***@******.***
Subject: Transfer #9345706 is on its way
Hi Thomas,
All done! €3,500.01 should arrive by Aug 1
The rate was 1 GBP = 1.1832 EUR, and the fee charged was £14.79.
You can view the status of your transfer online.
Your receipt for this transfer is available here.
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£99.50
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£110.50
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Customer: replied 11 months ago.
they didn't allow paypal or credit card payment which we thought was strange so we checked the company credentials out on line and the company was legitimate. We didn't think they'd get hacked!
Expert:  Ash replied 11 months ago.

But to be clear, it was THEIR side, not your email that was hacked?

Customer: replied 11 months ago.
The holiday house is still available. They have offered to fund half the holiday and said we should pay for the other half whilst the fraud office in Portugal investigates and the insurance company investigates. They have offered us another less desirable property.
Customer: replied 11 months ago.
Sorry bit of confusion...my wife made a mistakeThe fraud email was from***@******.*** - this is the real email address of the booking company but their email address was hacked and so the company wasn't reading their own emails - they were being forwarded to the fraudsters and then deleted from the account.Transfer wise is legitimate
Customer: replied 11 months ago.
the original contact was made through homeaway.co.uk which sent an email to sol-domus - the sol domus email address had been hacked - then all email communication via sol-domus was actually with the fraudsters not sol domus (but using their legitimate email) the communication asked for payment via bank transfer
Customer: replied 11 months ago.
considering this suspicious - I checked the company online and there was no negative press anywhere on the web they had real people on Linkedin - and so I felt comfortable to make the transfer (of course the company was legitimate) but as described earlier - their systems were hacked...advice appreciated.
Customer: replied 11 months ago.
payment from our bank to transfer wise to fraud bank in spain - this has been sent to Natwest and Transferwise fraud departments
Customer: replied 11 months ago.
Hello?
Expert:  Ash replied 11 months ago.

Yes I asked: But to be clear, it was THEIR side, not your email that was hacked?

Customer: replied 11 months ago.
Correct
Expert:  Ash replied 11 months ago.

Ok - then you dont have to pay anything else.

The holiday must cover you.

It was THEIR system that was hacked, it is not your fault. So yes the holiday company is liable for the cost of your holiday.

Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
Given they are a portuguese company - how would you advise we approach the follow-up?
Expert:  Ash replied 11 months ago.

You would have to sue (if its under £10) in the county Court here.

Otherwise over there sadly. As a UK Solicitor I cant advice on the process abroad.

Does that clarify?

Ash and 2 other Law Specialists are ready to help you
Customer: replied 11 months ago.
OK thanks.
Expert:  Ash replied 11 months ago.

Can I help with anything else at all today?