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Reclaiming cancellation fees. Unfair contracts.
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Professor_Yaffle_2
Posts: 5 Forumite
I am currently in dispute with Easyjet who want to charge me a wopping cancellation fee of £400 for a £670 holiday. Having booked the wrong dates-(My fault. My work moved the Easter holiday forward.) I tried to rebook for the week later. Easyjet say no way.
I have pointed out that their costs must reflect the actual cost of them rebooking the holiday and that charging 60% of the holiday cost is excessive under the unfair terms and conditions of contract law.
Particularly as:
I have rebooked for the new dates.
Alpharooms.com charge £10 for date changes for the exact same room and dates.
Easyjet would change the date at £17 each if the flight was not tied to accommodation.
and aside from that Easyjet will only allow me to change 3 out of the 4 names which makes selling it on impossible, which probably contravenes reg 10 of the PTC.
I have threatened court action and intend to go to the small claims court.
Any thoughts?
Do you reckon I will win?
Stuart
I have pointed out that their costs must reflect the actual cost of them rebooking the holiday and that charging 60% of the holiday cost is excessive under the unfair terms and conditions of contract law.
Particularly as:
I have rebooked for the new dates.
Alpharooms.com charge £10 for date changes for the exact same room and dates.
Easyjet would change the date at £17 each if the flight was not tied to accommodation.
and aside from that Easyjet will only allow me to change 3 out of the 4 names which makes selling it on impossible, which probably contravenes reg 10 of the PTC.
I have threatened court action and intend to go to the small claims court.
Any thoughts?
Do you reckon I will win?
Stuart
Do you think I will win 14 votes
YES
0%
NO
100%
14 votes
0
Comments
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NOThree votes by seasoned travellers ... all no.
Doesn't look positive ...Gone ... or have I?0 -
As always DMG you are so positive with your replys :rolleyes:
Stuart...I wish you luck and even though some us may want you to win you may not!
You can always write to https://www.bbc.co.uk/consumer/tv_and_radio/watchdog
Who knows maybe they can help hehe
*If you like the advice I give...let me know by clicking the THANKS button* 0 -
NONordictat2 wrote: »As always DMG you are so positive with your replys :rolleyes:
Stuart...I wish you luck and even though some us may want you to win you may not!
You can always write to www.bbc.co.uk/consumer/tv_and_radio/watchdog
Who knows maybe they can help hehe
What would you like me to say Nordictat2?
Go ahead OP, and waste your money on a small claims action. Then you'll still be down on what you've spent on the holiday, and you'll have spent time and money on bringing an unsuccessful action.
Do you think that would help the OP, or do you think that he wanted the opinions of seasoned travellers who also have legal knowledge?Gone ... or have I?0 -
No worries, all views are valid. I wouldn't ask otherwise.
I should add that OFT investigated the big 4 operators over 2 years. Airtours, Thompson, Thomas Cook, and First choice, who charge £20-£35 per person to change the holiday dates ( Thomas Cooke charge £15 per booking! not at all unreasonable which was the decision reached.) providing 56 days notice was given. Which incidently I did.
Surely charging 60% of the total cost- irrespective of notice given is not in line with the above. I'm not so pessimistic myself.
I stand to lose about £100 or gain £400 so its a 4-1 bet:D
Stuart0 -
Well..sometimes people DO get lucky so if he wants to try his luck..he should do it but I guess he just wants our opinions to see what we think and well you sometimes have a habit of being cold in your responses (so i've seen over the months) but I'm not gonna sit here and go back n forth with you in his thread either. *If you like the advice I give...let me know by clicking the THANKS button* 0
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NONordictat2 wrote: »Well..sometimes people DO get lucky so if he wants to try his luck..he should do it but I guess he just wants our opinions to see what we think and well you sometimes have a habit of being cold in your responses (so i've seen over the months) but I'm not gonna sit here and go back n forth with you in his thread either.
I'll keep that in mind next time I am helping someone get their correct benefit entitlement, or a free holiday.
I don't normally bother about my Thanks count, but on this occasion it gives me great comfort, that on over five thousand occasions I have not been seen as cold.
Sorry OP, we'll get back to your question! xGone ... or have I?0 -
NOI think your problem Prof Yaffle, will be in the way that easyjet package together their holidays. They provide the flights, which are non refundable (although they are transferable, at a cost), and then they buy the hotel element (is it still from Hotelopia?). Therefore it is not just a straightforward cancellation fee.
Was the £400 charge cancel or to change the dates?Gone ... or have I?0 -
NOSorry but I have to agree with DMG, I really don't think you have much chance of winning against them.
There are no rules about what companies can charge for cancellation and amendment charges. I work in the travel industry and any of the companies I have worked for have made the decision on what to charge for cancellations and amendments.
The charges can vary greatly from company to company:j Debt free since 31/01/08:j
0 -
I think your problem Prof Yaffle, will be in the way that easyjet package together their holidays. They provide the flights, which are non refundable (although they are transferable, at a cost), and then they buy the hotel element (is it still from Hotelopia?). Therefore it is not just a straightforward cancellation fee.
Was the £400 charge cancel or to change the dates?
They refuse to do a date change. I have to cancel and book again.0 -
So is it a "cancel and pay nowt" or do you lose deposits or have to pay part of the holiday cost?0
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