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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I booked a cruise, over the 'phone, on Hurtigruten for the

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I booked a cruise, over the 'phone, on Hurtigruten for the two of us for next August. I paid a £1500 deposit on my credit card and then received acknowledgement of payment together with a "Terms and Conditions" link and an Invoice for the total trip less the amount of deposit paid. There is a statement on the invoice saying "If we do not hear from you within 10 days of the date of the invoice we will take this as confirmation of your agreement".
The following morning we realised that we couldn't manage this trip and wished to cancel. I informed Hurtigruten and asked for a deposit refund. Hurtigruten's response was that their "terms and conditions" state that the 20% deposit is non-refundable. This is indeed correct but if we knew that fact prior to payment we may not have made the booking. We only received the terms and conditions information after payment over the 'phone. At no time was I told that the deposit was non-refundable during the booking process, neither was I asked if I had read the terms and conditions.
I'm somewhat aggrieved and can't afford to lose £1500.
Kind regards
Jim Henton

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

So you thought that 100% of the deposit would be refundable?
Was this ever said to you?

Customer: replied 6 months ago.
No. I think it quite reasonable for Hurtigruten to charge an administration fee but not to retain the whole deposit, which was in fact £1584.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Many thanks for your advice which I will follow. Jim Henton

Great