What Rights Do I Have? Holiday Booking - Lead Booker No Longer Responding.

mightymax

Hi folks, firstly apologies if I’ve not posted in the correct part of the forum. Basically, I’m in a bit of a dilemma, about a holiday booked. I booked a holiday last year, with a good friend, which was sadly with Thomas Cook and I’d paid some money towards the holiday. My friend was identified as the lead booker.  Like everyone affected, with Thomas Cook going under, we had to wait for our refund. 

During the meantime, we rebooked the holiday with another holiday company, and I started to pay towards the new holiday (took the view of getting my money back via the refund). 

Moving forward a number of months, I’ve found out Thomas Cook representatives have issued them a code, to commence the processing the refund. In addition, my friend has suddenly stopped talking to me, and I’m unable to get either the refund (it’s not clear whether the refund has been issued), or contact my friend about the new booking - they simply don’t answer me whatever shape of communication I use. Frustratingly, they’d previously agreed to sign the holiday over to me, as they stated they couldn’t go. 

No I’m extremely concerned that I’ll lose my holiday, and the refund expected from Thomas Cook. Ideally, I’d like to resolve the issue amicably. But what are my actual rights, and what can be done about this, as I’m about to lose a reasonable amount of money. 

1. Can the current holiday company refuse to discus the holiday with me?
2. Where do I stand with the expected refund, which appears to be withheld by my friend?
3. Everything was paid with a visa debit card, would I be able to apply for a chargeback for the current holiday?
4. Would I have to take my friend to a small claims court, to resolve this matter? Presume I’d need to contact Citizens Advice for guidance on this. 

Any additional information or suggestions would be greatly received. 

Thanking you in advance 

leylandsunaddict

Yes, the current holiday company can and should refuse to talk to you about the booking. 
Presuming you've been paying your so called  "friend" for the new holiday there is no one to initiate a charge back against.  
Unless you can find a way to communicate with said friend to settle this then court seems to be an option, but do speak to CAB for advice before going any further.  

mightymax

Hi, I’ve been paying the holiday company myself directly, using my own bank card. I’ve not given my friend the money, all payments have been directly to them. So the chargeback, would be direct to the holiday company, as that’s who I’ve been paying. 

Many thanks 

leylandsunaddict said:

Yes, the current holiday company can and should refuse to talk to you about the booking. 
Presuming you've been paying your so called  "friend" for the new holiday there is no one to initiate a charge back against.  
Unless you can find a way to communicate with said friend to settle this then court seems to be an option, but do speak to CAB for advice before going any further.  

Westin

The new holiday company is not at fault so you should not initiate a chargeback against them.

You really need to sort the issues out with your ‘friend’.  

CardinalWolsey

You have not yet given the holiday company a chance to deliver their side of the contract - the holiday. Only once they have failed to honour their side can you issue a chargeback. A chargeback cannot be used for a change of mind, which is what you are effectively describing.

mightymax

Hi folks, thank you for your responses. I appreciate and understand the comments about charge back. Don’t think my explanation was clear - I’m not changing my mind, but the lead booker has suddenly ceased talking to me, and I have no way of accessing my holiday. Turns out I’d paid my part of the holiday, and my ‘friend’ hasn’t paid anything apart from the deposit. So I’m about to lose out, not only the holiday (I really want to go on) but also the money paid and any refund from the Thomas Cook (appreciate the latter is a separate issue). 

By the sounds of it, the only Avenue I’ve got to obtain my money back from them, is by taking my friend to a small claims court. 

Westin

Not quite sure why your ‘friend’ is not responding or cooperating with your attempts to sort this matter out.  Clearly a private resolution between you, with some agreement about next steps and perhaps you being authorised to deal with the new tour operator would be best. Do you both have a mutual friend or contact that could perhaps mediate a solution?