holiday deposit with thomas cook

raymundo · 18 December 2014 at 10:24PM

hi there new to the site i was just wondering if anybody could help or have advice on having to pay a deposit for a holiday with thomas cook?
basically i booked a holiday a couple of months ago and paid £225 off the total price which was about £1200 for me and my partner. after two years of trying for a baby my partner fell pregnant which was great news but meant cancelling the hol as she will be 8 months gone.
so when informing the travel agent of this they said we when booking we only paid the special "low deposit price" that day and i still have to pay another £200 to cover all the deposit to cancel the hol (or book another and pay another fee) i just thought id lose the £225 and fair enough. Does any one no if i have to pay this and what happens if i dont pay the £200? could it go against my credit rating for example? appreciate any reply's thank you....matty

wealdroam · 18 December 2014 at 11:47PM

raymundo wrote: »

hi there new to the site i was just wondering if anybody could help or have advice on having to pay a deposit for a holiday with thomas cook?
basically i booked a holiday a couple of months ago and paid £225 off the total price which was about £1200 for me and my partner. after two years of trying for a baby my partner fell pregnant which was great news but meant cancelling the hol as she will be 8 months gone.
so when informing the travel agent of this they said we when booking we only paid the special "low deposit price" that day and i still have to pay another £200 to cover all the deposit to cancel the hol (or book another and pay another fee) i just thought id lose the £225 and fair enough. Does any one no if i have to pay this and what happens if i dont pay the £200? could it go against my credit rating for example? appreciate any reply's thank you....matty

Read the cancellation terms in the T&Cs that you agreed to.

Also worth exploring your holiday insurance cancellation options.

If you do not pay any debt owed, of course they can take further action to recover their money... including debt collectors and court action.

Edited to add:

It looks like these may be the relevant T&Cs:

http://www.thomascook.com/pricing-terms-conditions/

Note this:

By paying a lower deposit than that required by the tour operator/supplier, you (the lead passenger on the booking) agree that the remainder of the full deposit for yourself and each member of your party must be paid in full by you no later than 8 weeks after the date on which you made your booking. Even if you cancel your booking prior to the date on which the remainder of the full deposit must be paid, you will still be liable to pay the remainder of the full deposit (because a cancellation charge equal to the full deposit amount will apply), and payment of that sum will become due immediately when you instruct us to cancel your booking.

Seems quite clear to me.

ThumbRemote · 18 December 2014 at 11:53PM

This recent case may be of interest as well: http://www.telegraph.co.uk/travel/travel-advice/10662931/Thomson-case-could-spell-end-of-unfair-holiday-cancellation-charges.html

bris · 19 December 2014 at 1:32AM

ThumbRemote wrote: »

This recent case may be of interest as well: http://www.telegraph.co.uk/travel/travel-advice/10662931/Thomson-case-could-spell-end-of-unfair-holiday-cancellation-charges.html

As we can see from this case they mitigated their loss but still tried to steal the claimants money. Good for him by not letting them get away with it.

Their appeal to the high court will fail, one of the contract laws most important clauses is mitigating the loss and only claiming genuine losses, anything else is an unfair penalty.

unholyangel · 19 December 2014 at 3:47AM

bris wrote: »

As we can see from this case they mitigated their loss but still tried to steal the claimants money. Good for him by not letting them get away with it.

Their appeal to the high court will fail, one of the contract laws most important clauses is mitigating the loss and only claiming genuine losses, anything else is an unfair penalty.

Apparently they decided not to appeal (at least thats the last article I can find relating to it dated April 2014).

Although that could possibly be because while a county court judgement doesnt set a precedent.....a high court one would. I imagine they might take the chance if lots of claims start rolling in, but until then would be too big of a gamble.

ThumbRemote · 19 December 2014 at 10:12AM

bris wrote: »

As we can see from this case they mitigated their loss but still tried to steal the claimants money. Good for him by not letting them get away with it.

Their appeal to the high court will fail, one of the contract laws most important clauses is mitigating the loss and only claiming genuine losses, anything else is an unfair penalty.

I have a slight sympathy with Thomson on this case because although they re-sold the specific cancelled holiday, it's impossible to say whether that was at the expense of selling a different new holiday. i.e if that holiday hadn't been available, would the people that booked it have just booked another holiday with Thomson. As such how do you say whether Thomson did suffer losses due to the cancellation?

bod1467 · 19 December 2014 at 2:19PM

It doesn't matter - Thomson would need to prove the loss.

raymundo · 20 December 2014 at 6:41PM

thank you all for your reply's . i have until the 23rd to pay it off so i will just pay it. i would'nt want to risk bad credit for £200 , once again thanks for your time..... matty

holiday deposit with thomas cook

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