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Jenny, Solicitor
Category: Law
Satisfied Customers: 6463
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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My son is lead passenger on a holiday the trip was

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My son is lead passenger on a holiday the trip was for two couples . My son and his girlfriend and a couple of their friends. My son and his girlfriend have split up. Initially the girlfriend was going to take a friend and buy my sons ticket which the holiday company agreed to but now this has fallen through as the friend couldn't get time off to go. This leaves us in a position where to honour the holiday for the other couple my son will go with the other couple and as lead passenger would have to cancel the booking for his ex girlfriend as the travel date is just over 15 days away the cancelation fee would only see her get 10 percent back what is the position if my son goes ahead as lead passenger and cancels her ticket she has text him saying to go on his own but we are concerned that he may be liable in some way if he does this they have tried all their friends to see if someone can take her place but at such short notice it has not been possible so buying her ticket to give her cash isn't an option but for the sake of the other travellers we need to progress by cancelling her ticket

Hello my name is ***** ***** I am happy to help you today.

Is your son's ex girlfriend aware that she will only get a 10% refund?

Customer: replied 2 years ago.

Hi there - yes we rang her parents to advise of options- we agreed woth them at the weekend our son would step down as lead passenger to allow his ex girlfriend to travel with her friend - the agreement was they pay him the price of his ticket which he agreed to the travel company agreed saying there would be a £50 admin charge which was also agreed with her parents The dealdine to change is Thursday . We also advised them that the company had said that if no other passenger could be found then the cancellation fee would be such that she would get just £68 back if done before 14 days ( this is the 23rd of july) and nothing thereafter we advised her parents this. William has been unable to find a sub stitute for the ticket so agreed Katie could have this for her friend. We now know that this has fallen through and despite messages to her parents we are now getting no response William has had a text from his exgirlforend telling him to go and that she wouldnt but not specificalysaying cancel her place. We are concerned that if he does cancell her parents will be looking for the cost of the holiday from william - all four paid their own ticket but william is lead passenger so responsible for the booking - he doesnt want the other two to loose out.

Is Katie aware that she will only get the £68 back and has agreed to this, in spite of the fact that the text does not refer to it?
How old is she?
Customer: replied 2 years ago.

Katie is 21 - william will be 21 on holiday ( reason for the trip!) Yes katie has been advised she would only get £68 back - if we wait till Friday this reduces to nothing but as we said her parents have now stopped all contact with us - we were tryinbg to resolve as paretnts between us!

They had been together for 2 years so its a little akward!

Hi it's admirable of you as parents to try to help them sort it out but if they are not responding there is little you can do.
In law if she has agreed to forego her place and is aware she will only receive 10% back then she cannot come back to him for the remainder of the money.
If I were you I would tell him to text back to say that on that basis he will cancel her place and she will receive the 10% back as agreed and that he has no further liability.
He may then want to leave it a few hours to cancel to see if she responds.
I would suggest he keeps the text messages as evidence in the event she tries to take action but I think that this is unlikely in the circumstances.
If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Jenny and other Law Specialists are ready to help you
Hello is there anything further you would like to know about this as I can see you have not yet rated my answer which is an important part of the process?
Customer: replied 2 years ago.

Hi further to the above can you tell me what the position would be if she doesnt respond and we make an amendment to the booking for another friend to go on the holiday- she has text our son now saying she doesnt want to go on the holiday and that her parents have booked her another trip with friends. We would refund her the £68 she would have received through the cancellation?

Is this something he could do safely? It is unliekely we could get anyone at such short notice to pay the full cost of the holiday so would ask them to pay the administration charges that would apply?

Many thanks

hi please bear with me while I prepare a response.
Customer: replied 2 years ago.

ok will do thank you.

If she is being silent then he can assume she agrees to receiving just the cancellation fee.
If your son can then transfer the holiday to someone else for that fee then that is a matter for him. I cannot envisage a problem arising for this. The only circumstance in which it would is if the friend pays for the holiday and your son does not give this money to the ex.
Customer: replied 2 years ago.

Many thanks - sorry for delay in response i could not get on line!

no problem.