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Brain cancer/Cancelling booking

Hi all,

My grandmother booked a holiday for herself and three other family members to Los Angeles through LastMinute.com in January for October paying around £650 deposit with the rest to be paid by 1st September. This is showing as a pending booking.

However on Monday we were told that she has brain cancer and is either likely not to survive or it will be a long recovery process if she does. Therefore obviously she will not be able to go on the holiday but either outcome the rest of the family will either be required to assist her with her recovery or be making funerary plans and in mourning.

On trying to cancel the holiday which is three months away we were told we were liable for the whole cost of the holiday, subsequently told we would have to pay a £750 penalty charge and will lose the deposit, then we were told to even cancel the holiday that we would need to prove that my grandmother has cancer (and that penalty fees would accrue until this could be proved).

I therefore emailed the CEO who in his reply was sympathetic to our situation and apologetic at the miscommunication however he would have to pass it on to his VIP Service Team to rectify.

On receiving their response, what we were told previously (I.e. that we would have to pay a penalty charge which would keep increasing until we could prove my Grandmother cancer) was reiterated with a loads of copy and pasted Terms and Conditions. On questioning why we were to incur such a large penalty fee I was told this is because ‘in the bulk of cases LastMinute.com pay upfront for the holidays and will not receive the money back. On requested proof that my family’s specific holiday has been paid for, they have failed to respond.

Can anyone offer any advice or advise of any action we can take?

I would usually be able to deal with this matter myself but I am still trying to come to terms with my Grandmothers diagnosis and spending most of my time with her.

Thanks in advance.
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Comments

  • Caz3121
    Caz3121 Posts: 15,912 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    claim from travel insurance
  • martindow
    martindow Posts: 10,693 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    SmwSmw wrote: »
    I therefore emailed the CEO who in his reply was sympathetic to our situation and apologetic at the miscommunication however he would have to pass it on to his VIP Service Team to rectify.
    I'm very sorry to hear of your situation.


    I think I would get back to the CEO to say how disappointed you are with the VIP team's response. Although they are giving the legal situation according to their t&cs it doesn't reflect the sympathy he expressed. Ask him if he would look into this again.
  • GwylimT
    GwylimT Posts: 6,530 Forumite
    1,000 Posts Combo Breaker
    I would let the travel insurance handle it, much less stressful.
  • SmwSmw
    SmwSmw Posts: 5 Forumite
    Due to it being in excess of three months, they had yet to take out travel insurance.
  • Tigsteroonie
    Tigsteroonie Posts: 24,954 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    In which case all they can do is throw themselves on the mercy of the CEO and the VIP Team. They entered into a contract, and the company expect it to be honoured or pay a penalty.

    Lesson learned - regardless how long away the holiday, take out travel insurance immediately.
    :heartpuls Mrs Marleyboy :heartpuls

    MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote

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  • SmwSmw
    SmwSmw Posts: 5 Forumite
    SmwSmw wrote: »
    Due to it being in excess of three months, they had yet to take out travel insurance.

    As it was over three months until the holiday, they had yet to take out travel insurance.
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    what has 3 months got to do with it?
  • SmwSmw
    SmwSmw Posts: 5 Forumite
    Sorry, I am new to the forum so didn’t mean to send it a second time. Please be aware this isn’t my holiday. I am just trying to deal with it for my family who as I’m sure you can imagine are bereft and trying to come to terms with the situation my grandmother is in.
  • globetraveller
    globetraveller Posts: 2,249 Forumite
    Part of the Furniture Combo Breaker
    edited 1 July 2018 at 10:53AM
    Holiday insurance needs to be taken out when the holiday is booked. As you can now see it covers things which happen before the holiday is booked. Companies deal with lots of requests similar to yours and it's just fact that it should be covered by insurance.
    You are going through a horrific time but I am not sure you can persue this, sorry.
    Edit to add the T&Cs are that travel insurance has been taken out. This is in most if not all companies t&cs
    weight loss target 23lbs/49lb
  • GwylimT
    GwylimT Posts: 6,530 Forumite
    1,000 Posts Combo Breaker
    SmwSmw wrote: »
    As it was over three months until the holiday, they had yet to take out travel insurance.

    They should have taken out insurance when they booked the holiday.

    In that case the travel company are within their rights to enforce the terms and conditions that were agreed to when the holiday was booked.

    As they chose not to take out insurance the holiday company can only pursue the person who booked for any money they are owed.
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