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JGM, Solicitor
Category: Law
Satisfied Customers: 12374
Experience:  30 years as a practising solicitor.
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Are we liable to pay our ex friends back for their flights

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Are we liable to pay our ex friends back for their flights that we originally paid for, that they are still to fully pay us for, as they were going to be sharing our timeshare apartment but we have since fallen out and cannot reconcile, we have told them the tickets are theirs and they can still use them even though they still owe us money, but I have a feeling they are going to try and claim the costs back from us if they decide not to fly, have they got basis for a claim?

Thanks for your question. They have no basis for a claim as you are still offering the timeshare to them. You can also ask them to pay you the balance. The falling out has nothing to do with the fact that you booked and paid for the flights on their behalf. I hope that answers your question.

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Customer: replied 10 months ago.
Hi sorry to be clear we are not allowing them to stay in the timeshare as we are staying there, as we were originally all going to be. The flights are theirs and they have not paid the full costs for them as yet and they have not paid anything towards the timeshare. But I believe they are going to try and claim the costs of the flights back, as we do not want them to stay in our apartment! Is there basis for a claim?

Thank you for clarifying that. So the agreement was that they would pay you for the flights and you were going to let them stay in the apartment. You can no longer deliver that package and so yes, they do have an argument here, but they would have to establish a breach of contract on your part. The breach would be your refusal to let them have the apartment. Your counter argument is that there was an argument and it is no longer possible to let them have the apartment therefore the contract has been frustrated and in any event the tickets are still available to them. This is not black and white and a different judge may take a different view but on a compromise basis that they haven't paid you for the tickets in full I suspect your argument would succeed.