Fly Drive/Small claims court advice needed urgently

RufusHound

This weekend I have had confirmation that she has spoken to Virgin who in light of me threatening legal action to claim any losses I incur have agreed to cancel the booking and refund all money paid
She is now asking that I email to confirm I'm happy for the booking to be cancelled if I get all money back and she wants me to put its in full and final settlement.
I can't do this as its 3/5 working days until I get a refund and I will then have to book another flight

Can I put that it's in full and final settlement assuming I get all of my money back and that the replacement flight I book isn't more than the £717 I paid for this booking?

unholyangel

Have you actually priced alternative flights? Scheduled flights usually get more expensive the closer you get to the departure date - as the cheapest seats are sold off first.

I think its quite risky for you to voluntarily cancel and then rebook and you might not have the same claim against her since then, your losses are arising from your actions rather than hers.

RufusHound

unholyangel wrote: »

Have you actually priced alternative flights? Scheduled flights usually get more expensive the closer you get to the departure date - as the cheapest seats are sold off first.

I think its quite risky for you to voluntarily cancel and then rebook and you might not have the same claim against her since then, your losses are arising from your actions rather than hers.

I wouldn't be cancelling voluntarily, had I not intervened it would have been canceled over a week ago the only difference would have been that we would have lost £175 deposit.
There's 5 of us in the group and 3 want to cancel.
I have priced up flights, I can book myself on exactly the same flight for £526 or a different one at similar times with BA for £590
I know flight prices change daily though so that's why I'm asking if I can consent to the cancellation but say I'm not agreeing to that in full and final settlement until I have the refund and have booked on an alternative flight

pinkshoes

She will probably look up the price of the flight then offer you less!

I think I would just book the flight NOW on a credit card, then accept the full refund.

unholyangel

RufusHound wrote: »

I wouldn't be cancelling voluntarily, had I not intervened it would have been canceled over a week ago the only difference would have been that we would have lost £175 deposit.
There's 5 of us in the group and 3 want to cancel.
I have priced up flights, I can book myself on exactly the same flight for £526 or a different one at similar times with BA for £590
I know flight prices change daily though so that's why I'm asking if I can consent to the cancellation but say I'm not agreeing to that in full and final settlement until I have the refund and have booked on an alternative flight

But the losses would arise from you agreeing to the cancellation - not because your former friend cancelled without your permission.

You can't give your agreement to cancel and then try to claim she has breached the contract/duty of care. You can't hold someone else liable for something that you've agreed to.

Houston01

I would do as pinkshoes says - pay on a credit card or something now if possible to guarantee you get the flights at that price and then pay it off when you get the full refund.


Have you actually agreed to cancel the booking in writing yet?

DandelionPatrol

unholyangel wrote: »

But the losses would arise from you agreeing to the cancellation - not because your former friend cancelled without your permission.

You can't give your agreement to cancel and then try to claim she has breached the contract/duty of care. You can't hold someone else liable for something that you've agreed to.

Really, I do not see that this is right.

OP's agreement on cancellation is conditional upon refund in full. Without that agreement, former friend cannot move forward with getting out of the booking, which is what she wants to do.

unholyangel

DandelionPatrol wrote: »

Really, I do not see that this is right.

OP's agreement on cancellation is conditional upon refund in full. Without that agreement, former friend cannot move forward with getting out of the booking, which is what she wants to do.

To spell it out, if the former friend cancels at present, they'll be in breach of contract/duty of care as they have done so without OP's permission and as a result they will be liable for the reasonable losses incurred due to the breach.

However, if they cancel with OP's permission, there is no breach. Therefore OP cannot agree to the cancellation and still chase the former friend if OP has to pay any more to get the same holiday.

DandelionPatrol

unholyangel wrote: »

To spell it out, if the former friend cancels at present, they'll be in breach of contract/duty of care as they have done so without OP's permission and as a result they will be liable for the reasonable losses incurred due to the breach.

However, if they cancel with OP's permission, there is no breach. Therefore OP cannot agree to the cancellation and still chase the former friend if OP has to pay any more to get the same holiday.

So you think OP should bear the £175 loss of deposit?

Houston01

They said above that Virgin have agreed to give a full refund to cancel