Advice needed please re cancellation charges

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  • DCFC79
    DCFC79 Posts: 40,598 Forumite
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    When booking a holiday via the website you have to enter your d o b, did she lie then ?
  • ip2000
    ip2000 Posts: 21 Forumite
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    No all the girls d.o.b's were entered.
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
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    IMO opinion then the whole contract is void as under 18's cannot legally enter into a contract other than for 'necessary' goods for which a holiday is not!
    Now if its a glitch in the website they should be able to cancel the whole thing. If they did something to circumnavigate the DOB then they will need to pay to cancel.
    Have a word with trading standards.
  • leylandsunaddict
    leylandsunaddict Posts: 1,923 Forumite
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    edited 6 October 2017 at 10:58PM
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    ip2000 wrote: »
    No all the girls d.o.b's were entered.

    If the lead passenger isn't 18 the website won't let you proceed with the booking.
  • ip2000
    ip2000 Posts: 21 Forumite
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    Is that now though? Or 18 at the time of travel?
  • leylandsunaddict
    leylandsunaddict Posts: 1,923 Forumite
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    ip2000 wrote: »
    Is that now though? Or 18 at the time of travel?

    Now, because the age is worked out from your date of birth.
  • ip2000
    ip2000 Posts: 21 Forumite
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    Thanks for all your help. I'm going to ring first thing and go with the fact they are not 18.
  • leylandsunaddict
    leylandsunaddict Posts: 1,923 Forumite
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    ip2000 wrote: »
    Thanks for all your help. I'm going to ring first thing and go with the fact they are not 18.

    They shouldn't even talk to you about the booking. Data protection dictates they can only discuss it with the lead passenger. If that person is 17 then they've lied when entering into a contract because the website will not accept a booking from anyone under 18. The girl that booked it needs to ring them and sort it out.
  • ip2000
    ip2000 Posts: 21 Forumite
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    Out of curiosity, I've just tried to book the holiday using my daughter's d.o b and it goes right through to payment page.
  • Voyager2002
    Voyager2002 Posts: 15,284 Forumite
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    jonesMUFCforever wrote: »
    IMO opinion then the whole contract is void as under 18's cannot legally enter into a contract other than for 'necessary' goods for which a holiday is not!
    Now if its a glitch in the website they should be able to cancel the whole thing. If they did something to circumnavigate the DOB then they will need to pay to cancel.
    Have a word with trading standards.

    Yes!

    In practical terms, this means that while the girls owe the money (the cost of the holiday) there is no way to enforce this: the holiday company can ask for payment but cannot take them to court because of their age at the time they made the booking.
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