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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78444
Experience:  Over 5 years in practice
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Just looking for advice on travel, we were due to travel on

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Hello, my name is ***** ***** looking for advice on travel , we were due to travel on 27th July to Cala d’or, For 7nights, we cancelled the holiday on 7th july
JA: Where are you? It matters because laws vary by location.
Customer: Swansea South Wales.
JA: What steps have you taken so far?
Customer: Tried claiming through holiday insurance., they then gave us the details for e-claims, they have come back and said we haven’t got a claim as it was our decision to cancel the holiday when it was safe to travel, but at that time it wasn’t safe to travel from Wales , and we cancelled due to my long term illness of Epilepsy, and my sons asthma.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We have tried to appeal the claim but they have come back saying , nothing can be done as it was our decision to cancel, and we continued payments

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Are you asking if you have a claim?

Customer: replied 7 days ago.
we are

It was never prohibited to leave Wales?

Customer: replied 7 days ago.
No but the government was advising only travel if absolutey nessesary, and people with neurological conditions (myself) and respitory problems(my son) Should self isolate , which we doing at the time.

Thank you.

Iam sorry but I cannot give you good news. I'm afraid you are indifficulty here.

I have to tell you the truth.

I am sorry but it would be wrong of me to avoid givingyou the downside of your position.

I do understand why this is frustrating but theproblem is that, under the law of contract, this was available to you. I dorealise that you will circumstances changed but I'm afraid that is not thefault of your contractual partner . It is very unfair but these things happensometimes sadly and the difficulty is that it is not caused by a breach on thepart of the holiday company or the insurance company .

Therefore I'm afraid they are not liable as this wasjust simply a choice because your circumstances changed which is understandablebut it does not give rise to a claim

Do remember that I can only give you myopinion.

Another lawyer may have a different opinion.Litigation needs at least 2 parties and neither goes to court expecting tolose.

Nonetheless, one of them does, even thoughthey have been told by their respective legal advisers that they have a goodchance of success.

If there was a black-and-white answer toevery legal problem there would be no need for anything to ever proceed tocourt.

The ultimate decisioncomes from a county court judge in a civil case or from the magistrate in acriminal case heard in the magistrates court or the jury in Crown Court.

Hopefully, I haveanswered your query in a way that is simple and easy to understand. If anythingremains unclear, I will be more than happy to clarify it for you. In themeantime, thank you once again for using our services.

Jo

Customer: replied 7 days ago.
Thank you for your advice, and for being honest ,could I have a copy of this chat emailed to me please,? And how do I cancel the subscription charge,?

Noproblem. I think it is emailed to you. If yo ucontact customer services on***@******.*** they will sort out the subscription.

Allthe best.

Hopefully, Ihave answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.

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