How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Remus2004 Your Own Question
Remus2004
Remus2004,
Category: Scots Law
Satisfied Customers: 80451
12826847
Type Your Scots Law Question Here...
Remus2004 is online now

Question regarding holiday refund. A group of 50 individuals

This answer was rated:

Question regarding holiday refund.
JA: Where is this? It matters because laws vary by location.
Customer: A group of 50 individuals have been refused refund from a small independent chalet company based in Scotland. We organised our own flight but within deal they did transfers to and from airport, accommodation catered with transportation to slope each day. Snowboarding equipment and events and access to there nominated instructors. Firstly does this constitute a package holiday.
JA: What steps have you taken so far?
Customer: We ask for refund or to reschedule to next year or a partial refund. They say they have to many upfront costs and can't afford to refund or any other option. Told to go to travel in insurance companies and claim. Most US hadn't organised insurance yet. But they said its in T&C we must have outr own insurance
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Some paid by bacs so don't have option to go cc company. They're a Scottish registered company but operate in France

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.

Remus2004 and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi
Customer: replied 1 year ago.
Cancel call request unable to answer call

Oh ok. No problem.

I can do this online.

Where were you supposed to go and when please?

Customer: replied 1 year ago.
April 12 to 19th. Holiday in morzine France. But they operate from Scotland.
Customer: replied 1 year ago.
They cancelled 2 weeks prior

Dont worry about the fact they are in Scotland.

Are you in England please?

Customer: replied 1 year ago.
Scotland
Customer: replied 1 year ago.
I don't think they are atol registered

I am sorry. I am in England.

I will opt out and move this to scots law for you.

Customer: replied 1 year ago.
OK thanks
Customer: replied 1 year ago.
What would that stance be in English law as most of the group reside in England and Wales?

Oh I can help with that.

is that what you wanted?

Customer: replied 1 year ago.
Need to know in Scots law and English law
Customer: replied 1 year ago.
Still not heard from anyone regarding Scots law yet

As far as English law goes, the position is this.

They are just simply wrong.

Come what may, if they cancelled then you are entitled to a refund. They could possibly try to avoid that by offering you a deferment but if that isn't acceptable to you then they have to refund.

If the issue here is that they are going bankrupt and so can't afford to give you a refund then that is clearly a factor to consider because the reality is that you can't have what isn't there.

As far as insurance goes, it is all very well but you may have a claim against them but that does not extinguish your claim against the chalet owners.

You can always Sue them for the money. It isn't expensive to do that. Obviously if they go under then you won't recover but at least it will make your debt priority.

To be honest, I'm sure the position is the same in scotland because the law of contract is broadly similar everywhere.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
That's brill thanks

No problem.

All the best.

Please remember to rate my answer.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer: replied 1 year ago.
Hi I declined the phone call but have still been charge. Has this been reversed and just not processed yet

I can ask customer services to do that for you if you would like.

I will report it for you.

Customer: replied 1 year ago.
Thank you. Still have not received heard anything from the Scots law referral