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Holiday Cancellation Woe - Followed Procedures

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Just wondering if somebody could offer me some advice. I booked a holiday online to the Netherlands with Shearings coach holidays back in January 2012 paying a deposit of £196 including insurance. The holiday was due to go ahead in July 2012. In April I developed a problem with my legs and following medical advice I decided that I would not be able to travel for health reasons. I contacted the company in writing and via their online webform informing them of my predicament (this was well before the payment due date). On Friday I received a letter from them asking me to pay the rest or they would pass my case onto a 'third party'. I phoned them and as per usual their lines were busy and they did not call me back. I finally got through to a human who denied getting any correspondence from me and told me that I had to pay £384 over the phone for a holiday that I can't go on. I asked her to look again for my correspondence, she put me on hold for about 20 seconds and kept reiterating that she hadn't received anything. I asked her what would happen if I did not pay as I had followed procedure and she simply stated that she would contact a 'third party'. Reluctantly I paid.

I would like to follow procedures and complain about Shearings but I'm not sure who would be best ABTA?

I would appreciate any advice.
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Comments

  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You should be able to claim the full amount you've paid, less your excess, from the insurance policy you took out at the time of booking, that's what it's for.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • Anna*_2-2
    Anna*_2-2 Posts: 140 Forumite
    Part of the Furniture Combo Breaker
    Although I am covered by insurance I want to complain about their poor service and the fact that I followed all procedures. I wouldn't have even minded if I had lost the deposit but the fact that they threatened me with bailiffs for a further full payment that in reality I should not have made is where my gripe is.
  • mynameistallulah
    mynameistallulah Posts: 2,238 Forumite
    Do you have proof of your letter being delivered, or the webform being received? Did you not call them when you did not hear back?
  • Anna*_2-2
    Anna*_2-2 Posts: 140 Forumite
    Part of the Furniture Combo Breaker
    Do you have proof of your letter being delivered, or the webform being received? Did you not call them when you did not hear back?

    This is where I want to kick myself as I usually send letters via Special Delivery but not this time. The webform went through as it said that it had been delivered successfully and I have a screenprint of that.

    Looking back I really should have sent it via trackable mail (my fault entirely).
  • mynameistallulah
    mynameistallulah Posts: 2,238 Forumite
    Anna* wrote: »
    This is where I want to kick myself as I usually send letters via Special Delivery but not this time. The webform went through as it said that it had been delivered successfully and I have a screenprint of that.

    Looking back I really should have sent it via trackable mail (my fault entirely).

    It does sound like you were both at fault - they did not respond to correspondence, but you cannot verify they ever received it.

    I see no grounds for complaint, put it down to a learning experience and move on.
  • Anna*_2-2
    Anna*_2-2 Posts: 140 Forumite
    Part of the Furniture Combo Breaker
    It does sound like you were both at fault - they did not respond to correspondence, but you cannot verify they ever received it.

    I see no grounds for complaint, put it down to a learning experience and move on.

    You are right, it's probably best not to get myself wound up about this. An expensive mistake to make and like you said best to move right on.

    Thank you.
  • Incapuppy
    Incapuppy Posts: 5,713 Forumite
    I think you may yet have problems here to be honest as your appears a little unclear to me; apologies in advance if I have misunderstood the situation.

    Firstly your insurers will probably require a letter from your GP stating that you are unfit to travel. Secondly if you have yet to contact your insurers they will probably question why you did not notify them that you were unfit to travel as soon as the situation arose as then only the deposit would have been lost rather than the full balance.
  • mcc100
    mcc100 Posts: 624 Forumite
    Part of the Furniture 500 Posts Name Dropper
    edited 21 May 2012 at 8:43PM
    Anna* wrote: »
    Just wondering if somebody could offer me some advice. I booked a holiday online to the Netherlands with Shearings coach holidays back in January 2012 paying a deposit of £196 including insurance. The holiday was due to go ahead in July 2012. In April I developed a problem with my legs and following medical advice I decided that I would not be able to travel for health reasons. I contacted the company in writing and via their online webform informing them of my predicament (this was well before the payment due date). On Friday I received a letter from them asking me to pay the rest or they would pass my case onto a 'third party'. I phoned them and as per usual their lines were busy and they did not call me back. I finally got through to a human who denied getting any correspondence from me and told me that I had to pay £384 over the phone for a holiday that I can't go on. I asked her to look again for my correspondence, she put me on hold for about 20 seconds and kept reiterating that she hadn't received anything. I asked her what would happen if I did not pay as I had followed procedure and she simply stated that she would contact a 'third party'. Reluctantly I paid.

    I would like to follow procedures and complain about Shearings but I'm not sure who would be best ABTA?

    I would appreciate any advice.

    I may be completely wrong as fortunately I've never had to cancel a holiday, but my understanding is that you pay a deposit when booking your holiday, and then have to pay the remainder so many weeks (ie 8 or 12) before the date of your holiday.

    Surely if, for whatever reason, you fail to make the final payment then you forfeit the original deposit and lose your holiday, but do not have to pay the remainder.
  • jackieblack
    jackieblack Posts: 10,490 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 May 2012 at 7:42AM
    According to Shearings website, this is their cancellation policy.


    9. Can I cancel my holiday?
    Yes, you may cancel your holiday at any time, but if you do so you will have to pay us cancellation charges based on the scale below. These charges are to compensate us for the risk of not being able to re-sell your holiday. When you cancel you must inform us or your travel agent in writing and your cancellation only takes effect from the date we or your travel agent receive your notice in writing, signed by the person who made the booking, together with any travel tickets or vouchers we may already have sent you. Please note that if only part of a booking is cancelled this may mean that the accommodation booked will be under-occupied and may result in the remaining guests having to pay any applicable supplements, e.g. changing a twin room to a single. Cancellation charges are based on the following scale

    Period before departure within which written cancellation is received, Amount You must pay
    More than 56 days, Deposit
    56 to 49 days, Deposit
    48 to 29 days, Deposit
    28 to 22 days, 50% of total holiday cost or deposit if greater
    21 to 8 days, 70% of total holiday cost or deposit if greater
    7 to 1 days, 90% of total holiday cost or deposit if greater
    Departure day or later, Total cost of holiday


    If administration fees have been added to the booking, these remain due in addition to the minimum cancellation fee.
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  • andygb
    andygb Posts: 14,651 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    According to Shearings website, this is their cancellation policy.


    9. Can I cancel my holiday?
    Yes, you may cancel your holiday at any time, but if you do so you will have to pay us cancellation charges based on the scale below. These charges are to compensate us for the risk of not being able to re-sell your holiday. When you cancel you must inform us or your travel agent in writing and your cancellation only takes effect from the date we or your travel agent receive your notice in writing, signed by the person who made the booking, together with any travel tickets or vouchers we may already have sent you. Please note that if only part of a booking is cancelled this may mean that the accommodation booked will be under-occupied and may result in the remaining guests having to pay any applicable supplements, e.g. changing a twin room to a single. Cancellation charges are based on the following scale

    Period before departure within which written cancellation is received, Amount You must pay
    More than 56 days, Deposit
    56 to 49 days, Deposit
    48 to 29 days, Deposit
    28 to 22 days, 50% of total holiday cost or deposit if greater
    21 to 8 days, 70% of total holiday cost or deposit if greater
    7 to 1 days, 90% of total holiday cost or deposit if greater
    Departure day or later, Total cost of holiday


    If administration fees have been added to the booking, these remain due in addition to the minimum cancellation fee.


    As the OP booked the holiday for July, and those are Shearing's rules, then surely the OP only has to forfeit the deposit as there are over 29 days to go.
    Not a good advert for Shearings as they are definitely trying it on and cannot be trusted.
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