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  • FIRST POST
    • ip2000
    • By ip2000 6th Oct 17, 7:03 PM
    • 21Posts
    • 5Thanks
    ip2000
    0 WOW
    Advice needed please re cancellation charges
    • #1
    • 6th Oct 17, 7:03 PM
    0 WOW
    Advice needed please re cancellation charges 6th Oct 17 at 7:03 PM
    My 17 year old DD wants to go away with friends next year.
    Friend (in her wisdom) has booked the holiday today with Loveholidays as she thought it was a good deal. She's made a mistake and booked the wrong airport. They have all paid a deposit of £29 with monthly instalments until June. Although they called Loveholidays within the hour of booking to try and rectify, shes been told there is no cooling off period and it must be paid and they must fly from the airport booked.
    I have said to them it is probably cheaper to lose the deposit and start fresh with a new booking, but they have told me they have been told by loveholidays that they have to go ahead with the whole thing...
    Is this correct?
Page 2
    • Voyager2002
    • By Voyager2002 7th Oct 17, 12:37 AM
    • 11,717 Posts
    • 7,937 Thanks
    Voyager2002
    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.
    Originally posted by jonesMUFCforever
    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.
    • leylandsunaddict
    • By leylandsunaddict 7th Oct 17, 6:57 AM
    • 1,536 Posts
    • 1,045 Thanks
    leylandsunaddict
    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.
    Originally posted by ip2000
    Strange. I tried it before I posted and it wouldn't. Maybe it will let you if the person in question turns 18 before travel?
    • CM66
    • By CM66 7th Oct 17, 8:13 AM
    • 506 Posts
    • 2,984 Thanks
    CM66
    I've just done a dummy booking, and if you enter a DOB that means they are not 18 on the day of travel then it doesn't allow the booking to go through.....
    • ip2000
    • By ip2000 7th Oct 17, 8:34 AM
    • 21 Posts
    • 5 Thanks
    ip2000
    They ARE 18 at the time of travel, 17 now.
    • Voyager2002
    • By Voyager2002 7th Oct 17, 10:46 AM
    • 11,717 Posts
    • 7,937 Thanks
    Voyager2002
    They ARE 18 at the time of travel, 17 now.
    Originally posted by ip2000
    In any event, they are 17 now and so the contract now is not enforceable (indeed in legal terms is invalid).
    • jonesMUFCforever
    • By jonesMUFCforever 7th Oct 17, 12:25 PM
    • 24,251 Posts
    • 11,535 Thanks
    jonesMUFCforever
    Yes perhaps some people like the mods on here should make this information more widely known and ask the company for their thoughts.

    I still stay that Trading standards should be told and the company will not be able to enforce the booking (contract).
    What goes around - comes around
    give lots and you will always receive lots
    • CM66
    • By CM66 7th Oct 17, 1:07 PM
    • 506 Posts
    • 2,984 Thanks
    CM66
    They ARE 18 at the time of travel, 17 now.
    Originally posted by ip2000

    I realise that, what I'm saying is it won't allow the booking to go through if they were 17 on the date of travel. So it seems that as long as they are 18 when they travel the booking is allowed?

    In all honesty, if the correct airport had been booked I doubt you would still be kicking up a fuss over there age so I guess it's a way to try and get out of the booking.....
    • photome
    • By photome 7th Oct 17, 1:28 PM
    • 12,816 Posts
    • 8,296 Thanks
    photome
    Thanks for all your help. I'm going to ring first thing and go with the fact they are not 18.
    Originally posted by ip2000
    How did it go when you called them. All the evidence does suggest they should be able to get out of the contract
    • ip2000
    • By ip2000 7th Oct 17, 1:42 PM
    • 21 Posts
    • 5 Thanks
    ip2000
    In all honesty, if the correct airport had been booked I doubt you would still be kicking up a fuss over there age so I guess it's a way to try and get out of the booking.....
    Originally posted by CM66
    That's what I said on a previous post CM66:

    "The only thing I think we may have on our side is they do state the booking should be made by persons of 18 years......she is 17?"
    I wouldn't be annoyed if it was the correct airport......
    • ip2000
    • By ip2000 7th Oct 17, 1:43 PM
    • 21 Posts
    • 5 Thanks
    ip2000
    How did it go when you called them. All the evidence does suggest they should be able to get out of the contract
    Originally posted by photome
    Was on hold forever this a.m, had to go to work, back home now and back on hold, will keep you informed....
    • IAmWales
    • By IAmWales 7th Oct 17, 2:30 PM
    • 1,820 Posts
    • 3,783 Thanks
    IAmWales
    That's what I said on a previous post CM66:

    "The only thing I think we may have on our side is they do state the booking should be made by persons of 18 years......she is 17?"
    I wouldn't be annoyed if it was the correct airport......
    Originally posted by ip2000
    So you wouldn't be trying to argue the contract is unenforceable if it was for the correct airport?

    I trust they won't be rebooking the holiday?
    • ip2000
    • By ip2000 7th Oct 17, 3:05 PM
    • 21 Posts
    • 5 Thanks
    ip2000
    So you wouldn't be trying to argue the contract is unenforceable if it was for the correct airport?

    I trust they won't be rebooking the holiday?
    Originally posted by IAmWales
    Well my DD does not want to go now, its obviously caused drama because friend messed up the booking as she was in such a rush to do it when they had all agreed to be together in someones home and book as a group with an adult to oversee, it's the first holiday they have ever booked, so were not as through if it had been me or another parent.....
    • IAmWales
    • By IAmWales 7th Oct 17, 3:31 PM
    • 1,820 Posts
    • 3,783 Thanks
    IAmWales
    Well my DD does not want to go now, its obviously caused drama because friend messed up the booking as she was in such a rush to do it when they had all agreed to be together in someones home and book as a group with an adult to oversee, it's the first holiday they have ever booked, so were not as through if it had been me or another parent.....
    Originally posted by ip2000
    You didn't answer my question.

    You're setting a poor example to your daughter, all she's learning from this is that if she messes up she should blame someone else and forget taking responsibility.

    It's good to know they're not planning to enter into any further contracts.
    • ip2000
    • By ip2000 7th Oct 17, 3:37 PM
    • 21 Posts
    • 5 Thanks
    ip2000
    I don't have to answer your question IAmWales!!

    I asked for advice, which I have been given. I'm not going to enter into a debate with you about the rights and wrongs of a teenager. It's not relevant or useful.

    It's also good to know you must have been perfect at 17 and never made a mistake!...
    • Voyager2002
    • By Voyager2002 7th Oct 17, 4:04 PM
    • 11,717 Posts
    • 7,937 Thanks
    Voyager2002
    Was on hold forever this a.m, had to go to work, back home now and back on hold, will keep you informed....
    Originally posted by ip2000
    I do not think it is worth ringing them. Rather, I suggest you help your daughter to WRITE to them (snail mail, perhaps recorded delivery or at least keep proof of posting) saying that she is cancelling her booking, and pointing out that since she and her friend are under age the contract is not enforceable, and if the holiday company require any further payment beyond the lost deposit then... they can go and whistle for it!!
    • Voyager2002
    • By Voyager2002 7th Oct 17, 4:08 PM
    • 11,717 Posts
    • 7,937 Thanks
    Voyager2002
    You didn't answer my question.

    You're setting a poor example to your daughter, all she's learning from this is that if she messes up she should blame someone else and forget taking responsibility.

    It's good to know they're not planning to enter into any further contracts.
    Originally posted by IAmWales
    I disagree.

    Had the company behaved reasonably, and allowed them to modify the booking once the error had been noticed, there would not have been an issue. The company used the letter of the law (in this case the T and Cs) to cause problems for the girls, so it is entirely reasonable for the girls to use the letter of the law to avoid making further payment for a booking that they are unable to use.
    • ip2000
    • By ip2000 7th Oct 17, 4:11 PM
    • 21 Posts
    • 5 Thanks
    ip2000
    Thank you so much Voyager2002, brilliant idea, I will get her to write this evening.
    • peachyprice
    • By peachyprice 7th Oct 17, 4:21 PM
    • 18,789 Posts
    • 43,247 Thanks
    peachyprice
    You didn't answer my question.

    You're setting a poor example to your daughter, all she's learning from this is that if she messes up she should blame someone else and forget taking responsibility.

    It's good to know they're not planning to enter into any further contracts.
    Originally posted by IAmWales
    You do realise that it wasn't OP's daughter who messed up, yes?

    The only example that I can see OP setting is to not roll over and accept unreasonable one-sided T&C's.
    Accept your past without regret, handle your present with confidence and face your future without fear
    • ip2000
    • By ip2000 8th Oct 17, 10:47 AM
    • 21 Posts
    • 5 Thanks
    ip2000
    Ok, have spoke to LoveHolidays this a.m they are saying she is liable for payment, it doesn't matter that although they state to make a booking you must be over 18, they said because it was done online the person "could have entered their d.o.b wrong".
    Easyjet have cancelled the flights with no charge because it was within 24 hours of the booking being made.
    • leylandsunaddict
    • By leylandsunaddict 8th Oct 17, 11:00 AM
    • 1,536 Posts
    • 1,045 Thanks
    leylandsunaddict
    Ok, have spoke to LoveHolidays this a.m they are saying she is liable for payment, it doesn't matter that although they state to make a booking you must be over 18, they said because it was done online the person "could have entered their d.o.b wrong".
    Easyjet have cancelled the flights with no charge because it was within 24 hours of the booking being made.
    Originally posted by ip2000
    So Easyjet cancelled a travel agents booking without the travel agent authorising it?
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