Advice on cancelled holiday

markhod

Hello,

I have ended up in bizarre situation. Myself and a friend booked a holiday independently of each other through the same package holiday company. So far so good - the bookings went through ok.

However my friend subsequently made a complaint to the company about the holiday description. He says they emailed him and admitted the holiday was miss-sold, cited a consumer mis-selling act and cancelled his holiday - he did not want the holiday cancelled though.

I then emailed the company to complain, because obviously I wanted to go on the holiday with my friend and not on my own, and enquire why his holiday was cancelled and mine was not. The response I got was that they would reinstate his holiday, and that they had it in a limbo state of neither cancelled nor booked, if he stated he is "happy with the holiday arrangements". I currently am assuming they want this statement to try to nullify his previous complaint about the holiday, because I cannot fathom why else they need it.

As it stands my friend refuses to make any such statement and has repeatedly, via email, requested the holiday is reinstated. So far they have not done so.

Does anyone know what our rights are in this situation?

I looked on citizens advice and believe this holiday qualifies as a package holiday. In this situation as far as I worked out it might be the case they are not allowed to cancel his holiday once it is bought, but its not 100% clear to me from what is written on the CAB website.

Thanks,

Mark

hollydays

Sounds like ill advised meddling. What was he hoping to achieve, can you give more details, are they Abta members.
What was his complaint?

ThumbRemote

You've got two choices: either friend accepts the holiday as it stands, and you both go, or you also agree the holiday is not what you wanted, and you cancel too.

The company has admitted they were wrong and given him two choices - cancel or accept the changed circumstances. Of course they want your friend to confirm that he's happy with the different arrangements - otherwise they are at risk of him trying to cancel again, or trying to force legal action after the event.

This sounds like it's you and your friend that need to decide what to do. Either say you're happy to accept the new arrangements, or cancel.

markhod

hollydays wrote: »

Sounds like ill advised meddling. What was he hoping to achieve, can you give more details, are they Abta members.
What was his complaint?

That a ski lift pass did not cover the area it was advertised as covering.

I don't think the company are ABTA members.

markhod

ThumbRemote wrote: »

You've got two choices: either friend accepts the holiday as it stands, and you both go, or you also agree the holiday is not what you wanted, and you cancel too.

The company has admitted they were wrong and given him two choices - cancel or accept the changed circumstances. Of course they want your friend to confirm that he's happy with the different arrangements - otherwise they are at risk of him trying to cancel again,

I think what I wrote was ambiguous:

"He says they emailed him and admitted the holiday was miss-sold, cited a consumer mis-selling act and cancelled his holiday"

Its not my friend who cited the act and cancelled the holiday - the company did both of these things. So my question is really are they allowed to cancel a holiday under these circumstances? I don't see why reinstatement should depend on him admitting everything was ok - this would imply if you make a complaint against a company they can force you to retract it on pain of having your holiday cancelled if you refuse, which would seem quite unfair to me.

bris

They have done the right thing by cancelling the mis described holiday and giving a full refund.

As far as they are concerened the holiday is no longer mis described so does he want to go or not? He now knows the score so it's no longer mis described, so why would he now argue a mute point.

Hintza

Beware the law of unexpected consequences, this is what happens if you play the game of brinkmanship and lose.

What you have neglected to mention was what your friend was asking for? Irrelevant now as the company have decided they can't meet his expectation.

Either accept or you cancel as well and both of you book elsewhere.

ThumbRemote

markhod wrote: »

I think what I wrote was ambiguous:

"He says they emailed him and admitted the holiday was miss-sold, cited a consumer mis-selling act and cancelled his holiday"

Its not my friend who cited the act and cancelled the holiday - the company did both of these things. So my question is really are they allowed to cancel a holiday under these circumstances? I don't see why reinstatement should depend on him admitting everything was ok - this would imply if you make a complaint against a company they can force you to retract it on pain of having your holiday cancelled if you refuse, which would seem quite unfair to me.

The holiday was misdescribed. The company have held their hands up and admitted it. They've even quoted the legislation. No hiding behind dodgy terms and conditions, they've been quite clear.

They haven't in any way forced you to retract the complaint. They've acted on it and offered a refund. Since you haven't actually travelled yet, what else are you expecting?

So there are two options: do you want the modified holiday, or not? Either tell them the changes are acceptable, or get your money back.

bod1467

Option 3 - advise you'll accept the modified holiday for an agreed discount. (e.g. what it would cost to get a pass to cover the intended area).

Hintza

bod1467 wrote: »

Option 3 - advise you'll accept the modified holiday for an agreed discount. (e.g. what it would cost to get a pass to cover the intended area).

If that was going to happen then the company would have offered it by now and I imagine that is what was asked for.

duchy

Why not cancel yours too and both of you rebook with another company ?