OTB deposit and monies paid = a contract?

starcloud

I booked a holiday back in May for next January to Sharm el Sheikh. I paid the initial deposit of around £100 and then a subsequent deposit of about £350 with the remainder to pay in mid Dec (28 days before I am due to go).

Since then, with all the trouble in the region and recently terrorist attacks close by in the South Sinai, both myself and my girlfriend have decided we do not want to travel there anymore as we will feel anxious while there and this defeats the point of a relaxing break.

Anyway, I am prepared to forego the money I have already paid as I realise that they will not refund or move me to another package (unlike some) unless the FCO says it is not safe to travel.

However, if I want to cancel it asks for another £30 per person. Why do I need to pay this? I read on their T&C's that if I do not pay the remainder in time then my holiday will be lost so is there some contractual obligation for me to throw another £60 down the drain?

On a side note OTB seem to be a cheap and nasty company. It is my own fault and I know you mostly get what you pay for in life.

Moto2

If you're going to cancel, do it now and make it recordable don't wait until you've sorted any more payment etc.

As for the extra? I wouldn't, I can't see them doing much to recover £60

starcloud

Moto2 wrote: »

If you're going to cancel, do it now and make it recordable don't wait until you've sorted any more payment etc.

As for the extra? I wouldn't, I can't see them doing much to recover £60

Sure but they won't let me cancel now without paying £30 per person.

So...

a) Pay the £60 extra and not go
b) Just ignore them from now on and lose the money I have already paid

My question is with option B - what can they do about this?

Moto2

There's loads they can do, whether or not they will and be successful is another matter.

Send them something recorded delivery, cancelling with immediate effect
Send them an email telling them what you've done

starcloud

I am not sure what you mean by loads they can do? Isn't a deposit and partial payment just that - if you can't/won't pay off the rest then you just loose it? It is not like something you have and are using or tied into for a certain time period...

Moto2

I am not sure what you mean by loads they can do?

They would have to go legal on you to get the money they say they want

starcloud

Moto2 wrote: »

They would have to go legal on you to get the money they say they want

and could if effect your credit rating?

If not then I will just ignore them and save £60. Sure I might get blacklisted from OTB but it is no big deal. If they take legal action over £60 I would be very surprised.

Moto2

and could if effect your credit rating?

Only if it got as far as them getting a CCJ against you
You haven't signed a credit agreement have you?

starcloud

Moto2 wrote: »

Only if it got as far as them getting a CCJ against you
You haven't signed a credit agreement have you?

No I just paid 2 lump sums online by card. One was an initial holding deposit and the next was the requirement to book with the rest (about 40%) due by mid December.

If they were willing to move me to another destination at a cost then I would go down that route but I don't think there is any chance reading around. I am not going because I don't feel safe and they don't care so I want to wash my hands of it.

dzug1

Some operators have a low deposit system whereby you are committed to paying the rest of the deposit by a certain date - even if you cancel.

And most have cancellation clauses that specify the % of the holiday price due/forfeited at specific periods before departure

Maybe you fall under one or other or even both of these.

They are legally enforceable contracts - whether they will enforce them is another matter. The larger the sum due (and nearer the time of departure it could be the full price) the more likely they are to chase you.

Voyager2002

Have you actually asked them whether they could transfer you to another holiday, perhaps for an additional fee?

As an aside, personally I would have no worries at all about going to Sharm: the trouble is a good long way away and the security is excellent.