Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : Did you book this online?
JACUSTOMER-efs8l9a1- : Yes it was booked online
Alex Watts : And how long after did you try and cancel? What do the terms say about cancellations?
JACUSTOMER-efs8l9a1- : A friend of mine booked it with my debit card on the 27 December .
JACUSTOMER-efs8l9a1- : the 4 day break was supposed to take place on the 10 June.
JACUSTOMER-efs8l9a1- : but I phoned to cancel in the first week on February
JACUSTOMER-efs8l9a1- : I have never signed any forms.
JACUSTOMER-efs8l9a1- : but terms and condition say that a credit card payment creates an electronic signature.
JACUSTOMER-efs8l9a1- : I know it's a play on words but I don't have a credit card. I only have debit cards
Alex Watts : What do the terms say about cancellation please?
4. Cancellations and Changes
The agreement including the payment terms is a legally binding contract and may not be cancelled or amended except as provided in the Conditions. Should the Hirer wish to cancel or amend the booking they must advise the Company immediately by telephone and at the same time send written confirmation by Recorded Delivery post. The company reserves the right to levy an administration charge of £35 for any alteration to a booking made by the hirer after it has issued a booking confirmation. In the event of a cancellation, the deposit will be forfeited and the hirer will pay the balance price on the due date. The Company may at its discretion waive the balance price if it is successful in re-letting the boat for the whole of the hire period. It is therefore strongly recommended that the hirers protect themselves against cancellation liability by taking out cancellation protection. In the event of any claim being disallowed for any reason the hirer remains liable for the full hire charges. In the event of the operator being unable to re-book the boat the hirer will remain responsible for the full hire price unless covered by a cancellation protection scheme
Alex Watts : How much is your deposit?
my deposit was £100
Alex Watts : I assume by making the booking you had to tick a box agreeing to their terms and conditions ?
as far as im aware the box was ticked....I would have had to go, but as I had not heard from them I assumed that the holiday was sold on.
Alex Watts : Well it's good and bad news I am afraid.
Alex Watts : Sadly you will owe them some money because the terms and conditions are clear, unless they resell it then you are required t make payment. There is no getting out of that as it is in terms and conditions.
Alex Watts : The good news is you would not be expected to pay the £1300
Alex Watts : This is because the £1300 would include all their running costs and expenses that they do not have to pay such as capital wages, fuel, staff, etc.
Alex Watts : You will have to pay a sum for loss of profit, but not the entire amount claimed.
Alex Watts : They need to show you what they would have made on your booking and it is that sum you are liable for. The contract is quite clear, unless they resell it you are liable.
Alex Watts : Ideally they should have informed you, but according to the contact the re not required to.
Alex Watts : So would have to pay a sum of around £500 I would think but you are only required to pay loss of profit only.
Alex Watts : Can I clarify anything for you about this today please? Alex
what would be my next step in sorting this problem. thanks for your help
Alex Watts : You would need to write set out that they would only have a claim for loss of profit only because there will be no running costs and ask them to quantify and justify it. You should put this in writing.
Alex Watts : Can I clarify anything for you about your question today? If not, can I invite you to rate my service which I hope has been excellent.If you need more help then please click reply. Thanks - Alex
Alex Watts : Actually I see there is already a court order, my advice changes slightly.
Alex Watts : You need to make an application to set judgment aside. You need to use form n244 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
Alex Watts : You need to pay a court fee of £80 and say why you have a defence.
Alex Watts : I hope this clears it up. Alex