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Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
How may I assist in relation to the above please?
Thank you. I will try to post a full response in view of the time pressures though I ideally would have some further questions to ask first. I will proceed on the assumption that this is a claim in relation to a holiday which was not provided perhaps as a consequence of the pandemic and for which you have not received a refund.
If this is the case, you will need to present the basis of your claim to the court. Initially this would be the main elements that underpin your claim and from there, assuming this is being heard in the Small Claims Court the judge would typically go on to ask questions which they consider appropriate. In the assumption the above suppositions are correct, the basis of your claim would be that you had a contract with the travel agent to supply holiday on the specifications agreed between you and that as a consequence of the pandemic, or indeed if applicable for other reasons, the holiday was not supplied. Accordingly, the travel agent is in breach of contract under both common law contract law and also under chapter 4 of the Consumer Rights Act for failing to provide the service to you and as a consequence of which is obligated to provide a full refund to you.
you should be ready with evidence to support the above such as the agreed terms of the holiday, the date it was to have taken place, the amount you paid, and evidence that the holiday did not proceed
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