holiday refund?

Miss_Cinnabon

I booked a 2 week holiday in devon but due to family problems were only able to stay 1, am i entitled to a refund from them or not, they say no and said they would try and sell the week that i didn't use, they said they would put it on ebay for a week for 2 short breaks, they never did!

They then said it didn't sell on ebay but they were having a walk in week? and would sell it then, have not heard from them.

If they didn't sell it all i would get is a free week later in the year, this is no use as for one it took us 14 hours to drive there and two my hubby works shifts and can not get any more time off, we took 3 weeks off.

Where do i stand and would i be able to sell that week if they give it to me or is that not allowed.

I emailed them 2 days ago but no reply.

I paid nearly 700 pounds for that week, so that is a lot to lose, i also took out cancellation insurance with them but it seems is useless.

Any help?

Miss_Cinnabon

Anyone know??

hammy_the_hammer

you would need to read the booking conditions and also the cancellation insurance ( which would be dependant on reason for you cancelling and only 1 week of it ??? )

lisyloo

Firstly you don't say why you cancelled (except for family reasons).
Did you take out any holiday insurance?
Under certain circumstances e.g. death or serious illness of one of you or close family, then you would be able to claim on your insurance.

If it was just "disinclination" i.e. you had a row, then insurance will not cover you for that.

If not then the company concerned have an obligation to minimise their losses.
If they claim they put it on ebay then they should ebay able to provide a link to show proof of this.

If they were genuinely not able to sell it on then I believe they would only be able to charge you their losses and not the full price.

Have you looked at the cancellation insurance to see if you were covered.

If not and they are not forthcoming then write to them and tell them that if your refund (minus their direct losses) is not forthcoming in 10 days then you will claim the rest throught the small claims court where they will have to provide evidence of their attempts to minimise their losses e.g. ebay auction number.
(If they have been lying on ebay then this may be enough to spur them into action).

Note that if they have spent money that they could not avoid e.g. wages for a cleaner, then you will still have to pay for this (unless the cancellation insurance covers it).