Small Claims Court - Holiday

mshayley1990

Hi, we have recently booked a hen do via an online agent with a large group of girls. We currently have 3 of those (who have all paid deposits & commited to the holiday) who are now saying that they cannot go. We have contacted the company & as per their terms and conditions - the full amount is still liable to be paid.
2 of the 3 are ignoring all contact and have made no more payments towards the holiday.
The other has flat out refused to pay & has blocked everyone from making contact.
Is this something that can be dealt with via the small claims court to receive the money owed?
This is obviously the last route that we want to take but it is a significant amount of money that the rest of the party cannot cover. Before booking, everyone was told that if they were to cancel/change their mind once the deposit had been paid that there was no cancellation fee but the balance of the holiday would need to be paid by them.

DCFC79

Why has the other blocked everyone ?

mshayley1990

I sent her a message earlier today stating that we have contacted the company & that the customer cancelling is still liable to pay. This is after numerous messages asking her what she was doing as she kept telling me that she would contact the company direct (which we knew she wouldn't be able to speak to anyone as she is not a lead passenger on the booking). So after I had sent her this today stating she is liable to pay & that we need the money from her, she responded with she's spoken to someone she knows in law & that I won't be getting any money from her. When I've tried to reply - I am blocked.

Bermonia

Couple of issues here... were these agreements made via text or email (is there anything to support that the conversations took place and that they agreed government those terms).

The other issue is that it would need to be three separate claims.

Surely there is still a way to resolve this?

mshayley1990

Yes we have texts that were sent prior to booking with all the information. Deposit amount, full balance amount, date due, cancellation terms etc.


2 out the 3, we are hoping that will be resolved but as the other person has blocked every single person on every form of social media/text/phone - we're struggling for ideas.

Comms69

mshayley1990 wrote: »

Hi, we have recently booked a hen do via an online agent with a large group of girls. - UK agent or foreign? We currently have 3 of those (who have all paid deposits & commited to the holiday) who are now saying that they cannot go. We have contacted the company & as per their terms and conditions - the full amount is still liable to be paid. - so it was a group deal, or?
2 of the 3 are ignoring all contact and have made no more payments towards the holiday.
The other has flat out refused to pay & has blocked everyone from making contact. - probably should've chosen guests more carefully....
Is this something that can be dealt with via the small claims court to receive the money owed? - in theory yes, in practice no.
This is obviously the last route that we want to take but it is a significant amount of money that the rest of the party cannot cover. - so cancel Before booking, everyone was told that if they were to cancel/change their mind once the deposit had been paid that there was no cancellation fee but the balance of the holiday would need to be paid by them.

Doesn't matter what you told them. You must mitigate your loss. If it's cheaper to cancel the holiday (which is clearly is) then you must do so.

mshayley1990

On the Beach.


It wasn't a group deal - we just booked for a large group.
As far as I am aware, there wasn't a specific deal or discount because of the party size.


Guests - they are both family & friends which is very unfortunate so obviously we never expected that they would put us in this situation.


We cannot cancel - well we can but it will be the exact same amount as it would be to go. Even if we cancel, all the balances will still need to be paid in full and as there are only 3 people who are refusing to pay, it seems a little harsh for them to have to cover this money & then not go on the holiday.

Comms69

mshayley1990 wrote: »

On the Beach. - sorry I'm not googling to work it out.


It wasn't a group deal - we just booked for a large group.
As far as I am aware, there wasn't a specific deal or discount because of the party size. - in which case why do they need that number of attendees, doesn't make sense?


Guests - they are both family & friends which is very unfortunate so obviously we never expected that they would put us in this situation. - like I say, needed to be more careful


We cannot cancel - well we can but it will be the exact same amount as it would be to go. Even if we cancel, all the balances will still need to be paid in full.

No. If you cancel you wont be paying the full balance I'm almost certain of that. I'm guessing this is a foreign company.


Why bother with a deposit if it cant be cancelled?...

mshayley1990

You're not really helping. But thanks for your time.

Comms69

mshayley1990 wrote: »

You're not really helping. But thanks for your time.

No, I'm just not telling you what you want to hear.


The simple fact is, as a principle of law, regardless of what you want or how you feel; in order to pursue a claim for breach of contract there must be:


1: a loss
2: mitigation of that loss


So....


just FYI 'On the beach' act as agents - On the Beach act as an agent providing a web search interface between you and various third party suppliers of travel products (e.g. flight, hotel or transfer). For flights we act as your agent in processing your booking with the airline; we are not the airline’s agent. Each product you choose creates a separate contract between you and the supplier of that product.


non-payment:


. Failure to make payment
Should we be unable to collect all outstanding instalments from you before the date on which you are due to fly we reserve the right to cancel the booking made on your behalf and you will forfeit all monies paid by you for such booking. In addition, if for any reason we do not receive payment, we may be required to notify the other Supplier/Principals who may take the decision to cancel your booking and charge the cancellation fees set out in their terms and conditions. In these circumstances you will be liable of a loss of all monies previously paid.




cancellations:


11. Changes and Cancellations by You

Any cancellation or amendment request must be sent to us by accessing your booking online and will be processed by our Amendments Team. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Travel Arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their terms and conditions (which may be as much as 100% of the cost of the Travel Arrangements and will normally increase closer to the date of departure). In addition, you must pay us an administration fee as set out in the table below. We will notify you of the exact charges at the time of amendment or cancellation.

Requested ChangeAdministration ChargeIn flight extra requests after booking confirmation e.g. pre booking seats or adding hold baggage - Supplier/Principal’s Charge + £30.00 administration fee per booking to OTB


Change of hotelCancellation of original hotel + cost of new hotel + £80.00 administration fee to OTB


Change of datesCancellation of original holiday + cost of new holiday + £80.00 administration fee to OTB


Change of title, initial, first name or surname after booking confirmationSupplier/Principal’s charge + £30.00 administration fee per person to OTB


Add Passengers to the bookingSupplier/Principal’s charge + £50.00 administration fee per person to OTB


Remove Passengers from the bookingSupplier/Principal’s charge + £30.00 administration fee per person to OTB


Cancellation of booking inside of 28 daysSupplier/Principal’s charges + £150.00 administration fee to OTB


Cancellation of booking outside of 28 daysSuppliers/Principal’s charges + £30.00 per person, with a maximum charge of £150 administration fee to OTB


Please note:
- Some Supplier/Principals do not allow changes and therefore full cancellation charges will apply;
- Administration fees are non-refundable in the event you cancel your booking.




That's with 3 minutes of searching. I'm shocked that you would spend longer arguing with me than looking it up!

Alfrescodave

OP is probably the person who actually made the booking and is therefore concerned that any cancellation payments will be their responsibility although the T&C's do seem a bit misleading- "The Supplier/Principal may charge the cancellation or amendment charges shown in their terms and conditions (which may be as much as 100% of the cost of the Travel "

OP, unless you can find some replacements, then cancel the holiday ASAP at which point you will then be told exactly how much money is still owing.