Low deposit holiday myth?

Tuesday

My student daughter and her boyfriend booked a holiday paying a low deposit. She was given the date by which the holiday needed to be paid in full. They've now split up and neither wants the holiday. When she tried to cancel, she was told that they had paid a low deposit and if they want to cancel they will have to pay another £300. The invoice from the company only mentions the full balance being due.
How can the company get away with this? If they are offering low deposit holidays, then the deposit should be low. There has never been any mention of any requirement to pay an additional deposit until now. Anyone know of the legal position?

Oakdene

Somewhere in the T&Cs (probably very deep) will state how much money has to be paid (i.e. a certain %) depending on when the holiday is cancelled.

comeandgo

Absolutely legal. A deposit is a deposit on the holiday. They now have broken a contract as they don't want theholiday so cancellation charges now come into it which are more than the deposit.

Voyager2002

Why doesn't she just go with a friend?

Bogalot

Oakdene wrote: »

Somewhere in the T&Cs (probably very deep) will state how much money has to be paid (i.e. a certain %) depending on when the holiday is cancelled.

Usually not very deep at all, and under the header "Cancellation".

OP who was the booking made with?

Westin

Oakdene wrote: »

Somewhere in the T&Cs (probably very deep) will state how much money has to be paid (i.e. a certain %) depending on when the holiday is cancelled.

Probably not even that deep and not hidden. So many people don't read the terms and conditions and just tick a box to say that they have.

It is very likely that the full deposit amount is due and needs to be topped up from the 'low deposit' paid.

daveyjp

The deposit was low. The rest of the deposit would have been paid a few weeks later or included in the final balance.

By not proceeding they have breached the contract and need to pay the remainder of the deposit, which was deferred until the final payment date. This is in the T&Cs.

Thomson as an example:

"If you book using the low deposit scheme and then cancel your holiday, the remaining deposit balance will be due on cancellation."

Pollycat

Tuesday wrote: »

There has never been any mention of any requirement to pay an additional deposit until now. Anyone know of the legal position?

I'd be very surprised if there really was no mention of the balance of the deposit having to be paid by X date.
More likely that your daughter and/or her ex missed it.
I've paid a low deposit many times and it's always been made very clear that the balance of the deposit will need to be paid in the event of cancellation.

It's no myth.

leylandsunaddict

It's standard when a tour op or agent offers a low deposit on a package holiday. None of them hide the fact that the balance of the deposit has to be paid in the event of the customer deciding to cancel. Your daughter and the ex probably just didn't see/read it.

Tuesday

Except there's no mention of this being a low deposit. Nor of any suggestion that a higher deposit needs to be paid. The T&Cs state:

If you booked using a Low Deposit Offer, the full deposit amount stated on your confirmation invoice will need to be paid upon cancellation.

I've copied all the references to cost below:

FINANCIAL DETAILS
Price Breakdown
Payment Plan
Adult Price £1,514.00
Total Price £1,141.24
On-Line Discount -£122.76
Discount -£150.00
Payment £100.00
Promotional Offer -£100.00
Total Price £1,141.24
Amount Paid to Date £100.00
Total price includes Flight and Accommodation costs, all discounts, applicable taxes and charges
Balance Outstanding £1,041.24
The next payment is due 16 March 2017
The final payment will be due by 16 March 2017

So how is she to know that this was a low deposit booking? Can anyone see where the 'real' deposit is stated as I can't?
Of course, a deposit a deposit but she has not contracted to pay a £400 deposit and I've gone through all 3 of the emails she's received and none of them say anything different to the confirmation email. I say that it is misleading to ask for a £100 deposit and then to ask for another £300 on cancellation.

christaitfife

What was the company she booked through?

You have copied the details from a conformation. When you book a holiday or service they will provide terms and conditions to which you must agree. This is stated outright. If you can give the company name I am sure we can demonstrate this for you. In the event that they are not available and you have a loophole to cancel - i am sure someone will find that (although it is unlikely).