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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10091
Experience:  30 years as a practising solicitor.
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holiday cancellation legal rights:I had booked a holiday

Customer Question

holiday cancellation legal rights:
I had booked a holiday which we felt slightly pressured into - now we reasearched - we returned the place we puchased (in full), stated our concerns and asked to transfer our holiday to another destination. We were informed that because of the Easter holiday that only part of the transation went through. As such now this transfer is out with the 24hr period (please note we have not had sight of the cancellation or transfer policy), that we may be charged 100 GBP to transfer this holiday.
Can you tell me if this falls under any consumer laws and as such we are protected not to be charged any additional monies, particulary for the sake of a holiday.

thank you
Anne
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Buying a holiday is like buying any other product. The law of contract applies. The right to cancel arises from the contract not from the law, even where the holiday is booked over the internet. From what I understand here, the holiday company agreed to transfer the holiday and if this was done within 24 hours there would be no charge.

So your argument would be that you contacted them within the contractual period and they agreed to transfer you to another holiday at no cost. The fact that they then failed to effect the transfer in time is not then your fault. However, from what I see from standard booking terms and conditions there is no provision for changing the booking at no cost. There is provision for the payment of amendment fees.

However, this would be your argument assuming I have the facts right and they agreed to transfer you. I would not take this to the small claim court. It will cost you more than the £100 they are quoting you to change. In addition the law of England usually applies, not the law of Scotland.

You can see a set of terms and conditions here. Obviously I can't know if these are the same terms that apply to your contract but this is the type of thing I mean:

http://www.firstchoice.co.uk/fcsun/page/booking/tandc.page?lang=en&accommInvSys=FIRST_CHOICE&flightInvSys=FIRST_CHOICE&depDate=2009-09-10

I hope this helps. Please leave a positive response so that I am credited for my time.

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