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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 12054
Experience:  Senior Associate Solicitor
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Last year I booked a holiday for the family through

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Hello. Last year I booked a holiday for the family through Loveholidays for July of this year. At this time it was at a much reduced rate if I booked it immediately which I did. A week before we were due to take the holiday it was cancelled. A couple of days later I checked our destination and found the same holiday being advertised on their website but for the full price. Do I have any kind of claim against them for this.
JA: Where are you? It matters because laws vary by location.
Customer: I live in Wales and the flight was from Bristol airport.
JA: What steps have you taken so far?
Customer: I have had to wait for my holiday refund before I sought any other advice as they said that if I had a complaint they would not pay out.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I'm not sure as I've not had to do this kind of thing before.

Hello

Welcome to JA.

Please note that this is not a chat service therefore you may experience delay but i will respond within 24 hours.

Is it the case you wish to know whether you can seek a refund based on the amount for the full price despite the fact you paid a reduced figure?

Customer: replied 19 days ago.
I am looking to see if I can claim any compensation for the loss of my holiday due to the misinformation given by Loveholidays and if the fact that they said that the holiday was no longer available and yet they still advertised it as such was illegal.

Hello

Thanks for the further info.

Unfortunately this is outside of my expertise therefore i will opt out.

Thanks

Hi, this is Jim, thank you for the question - I will do my best to resolve this quickly for you.

Sorry to hear of the issue. It sounds like you have received a full refund which is correct given they cancelled the trip. The court would put you back in the position you would have been in had they not breached the contract, so if they refused to refund you despite cancelling, you could sue them for your loss. The key consideration here is whether you have been put back in the position you would have been in had they not cancelled the trip. You have been refunded so my view is that you are now back in that position - you ask about compensation but generally unless you were greatly inconvenienced by the holiday operator's conduct, you have no claim for compensation. You would need to prove their conduct caused you inconvenience and some loss, such as loss of earnings or anything else you can show. The "misinformation" is a contract situation - they induced you pay them based on a false advertisement. It sounds like they advertised at the reduced price and you paid, but they then refunded you. You could report them to Trading Standards on 0808(###) ###-####given their conduct and trading standards may investigate the travel company. To answer the question, I see no extra claim for compensation unless their conduct inconvenienced you (significantly) or you lost money due to their conduct. The claimant (you) has to prove their claim, on the balance of probabilities, if you sued the travel company.

I hope this helps and answers the question which is easy to understand - please feel free to ask me anything else. I will reply as soon as I can to help with any further queries.

Thanks for using our services and have a good day,
Jim

JimLawyer, Solicitor
Category: Law
Satisfied Customers: 12054
Experience: Senior Associate Solicitor
JimLawyer and other Law Specialists are ready to help you
Customer: replied 19 days ago.
Thank you for your help. Much appreciated.

My pleasure, thanks, ***** ***** good day