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Can you cancel a holiday via credit card payment?

Hello,

I hope there is someone who can give some useful advice to help calm my friend down..

A few months ago she she purchased a holiday with her then partner. The booking was made in her name, but his credit card was used to pay. The holiday was booked for start of April. My friend paid her half, and that was that.... Until the middle of Feb.

My friend and her partner split up after he became violent. Because of this my friend, H, amended the booking and put my name in place of his. No problems doing this, as the booking was in the name of H.

I have paid my friend the fee to transfer the ticket into my name, plus additional, but not the full amount as I am financially unable to do this.

H and her partner had recently moved into a flat together and made a lot of joint outlays (no credit together though, just items bought outright). When they split, the finances were settled including the amount he had paid for the holiday, my friend covering the additional I could not afford to pay.

H and her ex had to stay in contact to finalise transferring the joint tenancy agreement into her sole name. Today H has tried to break contact with him, as in her eyes all matters are resolved and she just wishes to move on. He has not seen it this way, and is now threatening to cancel the holiday because she has broken contact.

My thoughts are that he can not do this as the holiday was not booked in his name, and the payment was made weeks ago regardless of the fact it was paid for (with his consent) on his credit card. I have told my friend this is just a last ditch attempt at him trying to control and manipulate her but she is a real worrier.

Does he have the ability to amend/cancel the travel booking?

Any help gratefully received

Comments

  • I don't think he would be able to cancel the booking directly with the travel agent, as like you say, the booking isn't in his name, and he's no longer officially even part of the travelling party.

    However, I'm not sure what route he might be able to go down on the credit card company side? I wouldn't think he'd be able to do a lot to be honest as there is no fraudulent or foul play involved, and I don't think the credit card company will refund his payment just because he's changed his mind? That would be between him and the travel agent.......... which takes you back to him not being on the booking anymore.

    So, personally, I'd think you were safe, but I'm sure if I'm wrong somebody will tell you (and me...).
  • marywooyeah
    marywooyeah Posts: 2,670 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The above post er is correct. Your friend is lead passenger and can amend the booking, the ex is no more than the person making payment and cannot cancel as he has entered into a binding contract to pay the cost of the holiday whether he goes or not.
  • luci
    luci Posts: 5,960 Forumite
    Part of the Furniture 1,000 Posts
    As above. Only the Lead Passenger can change or cancel the booking.
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    He shouldn't be able to do it.

    But say he disputes the payment with the CC company. They refund it while they investigate. Eventually they'll turn down the dispute and recharge him

    However in the meantime the holiday company will cancel the holiday because they haven't - even if only temporarily - been paid

    Don't know how big a danger that is, whether it's real or theoretical
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    dzug1 wrote: »
    He shouldn't be able to do it.

    But say he disputes the payment with the CC company. They refund it while they investigate. Eventually they'll turn down the dispute and recharge him

    However in the meantime the holiday company will cancel the holiday because they haven't - even if only temporarily - been paid

    Don't know how big a danger that is, whether it's real or theoretical

    It's quite possible this may happen, he could easily say he doesn't recognise the transaction.
  • But surely if he were to do this the CC company would investigate, it would be followed back to H, and then he would look silly once it came to light that he had given them false info? Not to mention he may be committing fraud by doing this?

    I guess it may come down to how big an idiot he wants to be...
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    liloolooli wrote: »
    But surely if he were to do this the CC company would investigate, it would be followed back to H, and then he would look silly once it came to light that he had given them false info? Not to mention he may be committing fraud by doing this?

    I guess it may come down to how big an idiot he wants to be...

    Yes they would investigate with the holiday company, any investigation started now would still be in progress when your holiday starts. The holiday company may or may not take action regarding the booking. Will he be bothered about looking silly ? Personally i've yet to come across a man thats bothered by this ! ;)

    He's not committing fraud by disputing a transaction on his credit card, there's no law against it, whatever your reasons.
  • lisyloo
    lisyloo Posts: 30,045 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    there's no law against it, whatever your reasons

    Surely theft is illegal i.e. the intention to deliberately deprive.
    If there were a documented split agreement where this was agreed then I'd say it was theft with caste iron evidence.
    Or am I missing something?
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    lisyloo wrote: »
    Surely theft is illegal i.e. the intention to deliberately deprive.
    If there were a documented split agreement where this was agreed then I'd say it was theft with caste iron evidence.
    Or am I missing something?

    I said that there was no law against disputing a transaction by saying you don't recognise it. Seen it lots of times in marital disputes ! Some people just dispute transactions to find out what their partners are up to, especially if the description on the statement isn't clear as to what has been bought. Nothing illegal there.

    I had one customer who found out her husbands mistresses address from a transaction for some flowers he had sent to her. (stupid man !) We ordered a copy of the sales voucher as she said she didn't recognise the transaction (joint account) and when the voucher came, it had all the details on that she needed to confront the "other woman" !

    It's not theft, the amount has already been paid to the holiday company. The cardholder could just do this to get back at his ex, and it may just work as the holiday company MAY cancel the booking. The chargeback definately wouldn't work so it would just be a case of the cardholder getting their own back !
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