Daughter withdrew from holiday but person who booked it dragging feet over refund

phebe3

Not sure if this is in the right forum place as we want advice on with held holiday monies, and if we need to go to small claims..are there any rights and laws about this? Story as follows:

Daughter (18) was meant to be going on holiday with friends. Feels she is unable to go suffers from anxiety disorder and has bad mental health (as diagnosed by doctor, on medication for it) and making herself ill over it. Told friend, lead booker as it were, we will call "Ann" (not real name) who booked it on 17 May, and did so in writing (f/bk message) Daughter also met up to discuss with friends and Ann got v nasty over it all and said it was too much trouble to cancel and she had to go, would be ok once she went. She messaged Ann again at beginning of June and again last week. Ann sent her q a few nasty messages saying she was too busy to deal with it. It's now so late that instead of 50% (which she would have got back on May 17th) she will now only get 30%, and if isn't done this weekend will get zero. I have only just got involved as she wanted to try to be an adult and deal with it herself.

My question is, if we don't get the money back (I have messaged this girl's mum, and appraised her, nicely, of the situation, which she may not even be aware of, and intend to go round and ask her face to face, again nicely, for the money tomorrow or drop a note through the door) do we have a case for the small claims court as I feel this girl is with holding my daughter's money. We have all the requests (and the nasty and immature replies "Ann" sent back) in writing.

tomtontom

Are you sure she would get 30% back? If they have booked a package holiday it will be based on a minimum number of people, so the total cost for the group would need to be recalculated.

For now I would contact Ann's parents and speak to them about it. Don't mention any nastiness, just stick to the facts.

elsien

What's it got to do with Ann's parents? I'm guessing she's over 18, as is your daughter, so responsible for themselves.

As the previous person said, you need to check the refund terms and conditions ref under occupancy as the others may now be paying more.
Was your daughter insured, and did she disclose her MH at the time she took out the policy?

littlereddevil

If she has suddenly developed a medical problem her insurance will pay out.

Andypandyboy

Yes, you would have to check if for example a single room supplement would now be payable if your daughter was sharing with someone.

If your daughter is too ill to go then her travel insurance will pay out.

littlereddevil

Why would you go chasing someone's parents? Nothing to do with them!

phebe3

Because Ann s parent is the person who booked it. Sorry, didn't make that clear I realised. I don't even know if she is aware my daughter has asked to drop out.

phebe3

and...in answer to the person who asked why I've got involved...because my daughter has asked me to as she doesn't know what to do now and is very stressed and worked up over it. Any decent parent would do. I haven't been nasty about it or accusatory, just asked Ann's parent if we could have the money. I simply wanted information off this forum, not views or criticism

elsien

ref insurance, not if the anxiety disorder pre-dated the holiday , which I suspect it might.
I can understand why you've got involved. My point is that it's not up to Ann's parents to give the money back, however much is actually owed, it's up to Ann. They may be able to influence her but they can't make her and they are not liable themselves.

kimplus8

If Ann is over 18 and booked the holiday then the buck stopps with her, however if it was her mother that booked it then I can understand your need to contact her, especially if you are acting of behalf of your daughter who has now developed a MH condition.
If its a new condition that has come about since booking the holiday then your insurance should help you, if not then its a matter between your daughter and either Ann or her mother depending on who booked it. Are there not terms and conditions from the holiday provider, it should state what happens if a member of the party drops out or if a drop out makes supplemental charges kick in etc.
hope you get a clearer answer soon.

Andypandyboy

I think it is perfectly reasonable to contact the parent if she is the one who has booked the holiday. Indeed that may be the problem, the parent may be unaware of any of this as the daughter may simply have thought that in the end the OP's daughter would go. However, it may also be that the price will go up not come down if one person drops out. So there may not be any refund due.

OP your daughter contracted to go with a group and the price of the holiday will be based on that number, if one drops out under occupancy supplements may well kick in which will mean they have to pay more.