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If you were not told about any terms and conditions, including the cost of cancelling, then you are not bound by the terms at all. By their own admission they do not record calls and the employee has left, if they sue, you should defend the case, and you should win0
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So on your own admission, several times you've said it was all your stupid fault (I'm quoting the 'stupid' as per the OP).
Now you say it's unfair that the Tour company is taking you to court for the whole cost? (as you stupidly didn't write to cancel
)
My suggestions:
Don't book anything else without reading the T&C's
Don't change your mind on a whim of reading other Internet reviews after you've booked
Don't blame others for your mistakes.
Solution:
As you have actually entered into the contract to go on this holiday, then why not actually go?
The hotel could be fantastic despite the 'reviews'
Even if it's the pits and you desperately want to change once you are there then this would cost less than cancelling the whole holiday.
More detail as to:
Where \When you're going
The Hotel in question.
Who the Travel company is:
I think the above comments are a bit harsh personally!
IMO If you dont have a copy of the T&Cs and it sounds like you have not signed anything i don't think they will be able to win against you in court!
Get peoples names, ext numbers and keep a track of who it was that said they will take you to court.
Ask for written confirmation that they intend to take legal action and most importantly get your complaint in writing to them and also to ATOL etc?
You've lost your deposit and if you defo do not want to go on the holiday then there is no point loosing any more money!
Best of Luck, and don't forget to let us know how you go on!0 -
the only thing with review sites is that they are not regulated by anyone.. which means that no reviews are checked out, you can say what you want about the holiday even if it is a lie. for this reason holiday firms arent obliged to do anything when a review is bad, they usually will not cancel the holiday but allow you to amend to another hotel. have you tried this? also when did you book the holiday? not that you have a 'cooling off period' but may give you greater leverage with a supervsior...'Children are not things to be moulded, but are people to be unfolded'0
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IMO If you dont have a copy of the T&Cs and it sounds like you have not signed anything i don't think they will be able to win against you in court!
a booking made over the phone is a verbal contract, you dont have to sign anything. and as such is a binding contract you have been asked ' do you want to book this' and you will have answered 'yes'
personally i think its a case of 'i should have checked out reviews and then rang back to book/ not book' not after... and then go oh cr*p what have i booked'Children are not things to be moulded, but are people to be unfolded'0 -
jillie1974 wrote: »a booking made over the phone is a verbal contract, you dont have to sign anything. and as such is a binding contract you have been asked ' do you want to book this' and you will have answered 'yes'
personally i think its a case of 'i should have checked out reviews and then rang back to book/ not book' not after... and then go oh cr*p what have i booked
jillie1974, i know what you mean and i agree. however it depends on the terminology used and what was said/agreed to at the time. If it was done over the phone there is potentially a "grey area" where the person making the booking could claim that he misunderstood and that he was not told of his rights/responsibilities. Having said that i do loose a bit of sympathy when a deposit has been paid without checking out the accomodation?!?!
You need to check the companies terms and conditions! Do they have a website? ask them to send them out to you if not, and see what they say!
Anyway, i really don't think they can hold you to paying the full amount. Your not going on the holiday, you called to cancel (although not in writing?!?!) and you have phone records to say you called them.0
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