TUI holiday - should I pay balance

Life__Goes__On

I think Easyjet might have been told by their lawyers that this is that case as I read they are refunding some (don't know if it's all) deposits as credit notes.
https://forums.moneysavingexpert.com/discussion/6118476/easyjet-cancellations-and-refunds/p42

paulo1888

Pollycat said:

Have you read the replies on this thread?

Assuming your booking is with TUI:

SHOULD I PAY MY BALANCE?

We appreciate that you may be feeling apprehensive about paying your balance. Unfortunately, if you don’t continue with payments your holiday will be cancelled. If you booked in a TUI store you can call 0800 009 3836 or 0203 636 1997 between 9am and 5.30pm from Monday to Friday as we have Travel Advisors working who are able to help you.

To give you peace of mind, we’d like to reassure you that all of our package holidays are ATOL protected, and all of our Marella Cruises or TUI River Cruises bookings which are cabin-only or sail from a UK port are protected under the ABTA bonding scheme, so you can pay your balance with confidence. And, should your holiday be cancelled at a later date, you’ll have the option to receive a refund credit or cash refund.

We understand that you may need more flexibility at the moment, which is why we're offering our TUI Travel Promise:

• If you booked a TUI holiday on or before 16 March 2020, and are due to travel before 11 July 2020, you can amend your holiday for free and your balance due date will move to 12 weeks before your new departure date.

• If you booked a Marella Cruises sailing on or before 16 March 2020, and are due to travel before 31 July 2020, you can amend your holiday for free and your balance due date will move to 12 weeks before your new departure date.

• If you made your booking after 16 March, you have the added flexibility of being able to pay your balance four weeks before your departure date.

https://www.tui.co.uk/destinations/info/coronavirus-faqs

If you don't pay your balance, you will have cancelled your holiday and will lose your deposit.

Hi Pollycat, can I just check this statement "If you don't pay your balance, you will have cancelled your holiday and will lose your deposit." 

I am of the opinion that you can cancel your own holiday if you have a reason to cancel. It is written into the holiday company's T&C's.
I have not paid my Balance of my holiday and I have made a claim to Easyjet for the return of my deposit based on their own T&C's. The balance of my holiday in June 2020 was due by 8 April 2020 but the FCO advice came out on 4 April 2020 advising against any non-essential travel “indefinitely”. I indicated by email on 4 April 2020 that I wished to exercise my right to cancel.

Easyjet Holidays section 13 makes interesting reading, 

Section 13: "You can cancel your booking without paying cancellation charges if the performance of the travel services included in this package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will observe advice provided by the UK Foreign & Commonwealth Office in connection with all but essential travel."

“unavoidable and extraordinary circumstance” means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken. These include war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks and pandemics, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers, closed or congested airports (save overbooking), hurricanes and other actual or potential severe weather condition."

The FCO advice FROM 4 April 2020 is not to embark on any non-essential travel “indefinitely” 

Easyjet state on their website that they observe the advice of the FCO and provide full refunds in cases like this. I Would imagine most holiday companies would be the same.

Pollycat

That's interesting, paulo1988.

Does it say the same on the TUI website (this thread is titled TUI holiday - should I pay balance')?

This is what i can see on TUI:

We appreciate that you may be feeling apprehensive about paying your balance. Unfortunately, if you don’t continue with payments your holiday will be cancelled.

Are Easyjet returning deposits as cash/to credit cards/debit cards or as a credit note towards future bookings?

paulo1888

Pollycat said:

That's interesting, paulo1988.

Does it say the same on the TUI website (this thread is titled TUI holiday - should I pay balance')?

This is what i can see on TUI:

We appreciate that you may be feeling apprehensive about paying your balance. Unfortunately, if you don’t continue with payments your holiday will be cancelled.

Are Easyjet returning deposits as cash/to credit cards/debit cards or as a credit note towards future bookings?

Hi there, I put the Easyjet Holidays example on the TUI thread as I just thought that all the Holiday company's would operate in a similar way.  My Saga insurance policy states the exact same thing, that they will cover holiday cancellation and return of all monies providing the customer is following the advice of the FCO. 

Yea, I got an email from Easyjet informing me that as I haven't paid my balance my holiday has been cancelled but out of goodwill  they will return my deposit in the form of a credit note. 

Pollycat

paulo1888 said:

Pollycat said:

That's interesting, paulo1988.

Does it say the same on the TUI website (this thread is titled TUI holiday - should I pay balance')?

This is what i can see on TUI:

We appreciate that you may be feeling apprehensive about paying your balance. Unfortunately, if you don’t continue with payments your holiday will be cancelled.

Are Easyjet returning deposits as cash/to credit cards/debit cards or as a credit note towards future bookings?

Hi there, I put the Easyjet Holidays example on the TUI thread as I just thought that all the Holiday company's would operate in a similar way.  My Saga insurance policy states the exact same thing, that they will cover holiday cancellation and return of all monies providing the customer is following the advice of the FCO. 

Yea, I got an email from Easyjet informing me that as I haven't paid my balance my holiday has been cancelled but out of goodwill  they will return my deposit in the form of a credit note. 

I've not heard of TUI returning deposits where the customer has chosen not to pay the balance.

I don't think it says that's what they are doing on their website.

I've read a post that gave a screenshot of Easyjet's website (or maybe an email) where they (Easyjet) said they'd refund the deposit as a credit note.

I don't know what Jet2 are doing about deposits where the balance hasn't been paid and the due date has passed.

As you say - it's a goodwill gesture by Easyjet.

I wouldn't expect all holiday companies to operate in the same way.

bradders1983

Pollycat said:

paulo1888 said:

Pollycat said:

That's interesting, paulo1988.

Does it say the same on the TUI website (this thread is titled TUI holiday - should I pay balance')?

This is what i can see on TUI:

We appreciate that you may be feeling apprehensive about paying your balance. Unfortunately, if you don’t continue with payments your holiday will be cancelled.

Are Easyjet returning deposits as cash/to credit cards/debit cards or as a credit note towards future bookings?

Hi there, I put the Easyjet Holidays example on the TUI thread as I just thought that all the Holiday company's would operate in a similar way.  My Saga insurance policy states the exact same thing, that they will cover holiday cancellation and return of all monies providing the customer is following the advice of the FCO. 

Yea, I got an email from Easyjet informing me that as I haven't paid my balance my holiday has been cancelled but out of goodwill  they will return my deposit in the form of a credit note. 

I've not heard of TUI returning deposits where the customer has chosen not to pay the balance.

I don't think it says that's what they are doing on their website.

I've read a post that gave a screenshot of Easyjet's website (or maybe an email) where they (Easyjet) said they'd refund the deposit as a credit note.

I don't know what Jet2 are doing about deposits where the balance hasn't been paid and the due date has passed.

As you say - it's a goodwill gesture by Easyjet.

I wouldn't expect all holiday companies to operate in the same way.

My TUI holiday was cancelled 2 weeks before the balance was due. No offer of deposit back as cash but the same 20% bonus on the £400 they already have from me.

Streaky_Bacon

Pollycat said:

As you say - it's a goodwill gesture by Easyjet.

I wouldn't expect all holiday companies to operate in the same way.

I wouldn't necessarily describe it as a goodwill gesture. If they were to end up not being able to provide the service booked then they would be unlikely to be able to retain the deposit in any case. It wouldn't matter that the contract states that they can cancel and keep the deposit, they would only be allowed to keep the deposit if it was to cover a loss they incurred. Doing otherwise would make keeping the deposit a penalty clause, which is not enforceable under a consumer contract.

They have likely taken the view that they are unlikely to be able to provide the service and would rather retain the deposit and issue a credit note, which effectively gains them a future booking. If they are able to sell the service to somebody else then they benefit even more (still sell the service and get a guaranteed future booking).

Pollycat

Streaky_Bacon said:

Pollycat said:

As you say - it's a goodwill gesture by Easyjet.

I wouldn't expect all holiday companies to operate in the same way.

I wouldn't necessarily describe it as a goodwill gesture. If they were to end up not being able to provide the service booked then they would be unlikely to be able to retain the deposit in any case. It wouldn't matter that the contract states that they can cancel and keep the deposit, they would only be allowed to keep the deposit if it was to cover a loss they incurred. Doing otherwise would make keeping the deposit a penalty clause, which is not enforceable under a consumer contract.

They have likely taken the view that they are unlikely to be able to provide the service and would rather retain the deposit and issue a credit note, which effectively gains them a future booking. If they are able to sell the service to somebody else then they benefit even more (still sell the service and get a guaranteed future booking).

I didn't describe it as a goodwill gesture.

The term 'goodwill' came from this poster.

paulo1888 said:

Pollycat said:

That's interesting, paulo1988.

Does it say the same on the TUI website (this thread is titled TUI holiday - should I pay balance')?

This is what i can see on TUI:

We appreciate that you may be feeling apprehensive about paying your balance. Unfortunately, if you don’t continue with payments your holiday will be cancelled.

Yea, I got an email from Easyjet informing me that as I haven't paid my balance my holiday has been cancelled but out of goodwill  they will return my deposit in the form of a credit note. 

Pollycat

bradders1983 said:

Pollycat said:

paulo1888 said:

Pollycat said:

That's interesting, paulo1988.

Does it say the same on the TUI website (this thread is titled TUI holiday - should I pay balance')?

This is what i can see on TUI:

We appreciate that you may be feeling apprehensive about paying your balance. Unfortunately, if you don’t continue with payments your holiday will be cancelled.

Are Easyjet returning deposits as cash/to credit cards/debit cards or as a credit note towards future bookings?

Hi there, I put the Easyjet Holidays example on the TUI thread as I just thought that all the Holiday company's would operate in a similar way.  My Saga insurance policy states the exact same thing, that they will cover holiday cancellation and return of all monies providing the customer is following the advice of the FCO. 

Yea, I got an email from Easyjet informing me that as I haven't paid my balance my holiday has been cancelled but out of goodwill  they will return my deposit in the form of a credit note. 

I've not heard of TUI returning deposits where the customer has chosen not to pay the balance.

I don't think it says that's what they are doing on their website.

I've read a post that gave a screenshot of Easyjet's website (or maybe an email) where they (Easyjet) said they'd refund the deposit as a credit note.

I don't know what Jet2 are doing about deposits where the balance hasn't been paid and the due date has passed.

As you say - it's a goodwill gesture by Easyjet.

I wouldn't expect all holiday companies to operate in the same way.

My TUI holiday was cancelled 2 weeks before the balance was due. No offer of deposit back as cash but the same 20% bonus on the £400 they already have from me.

As I said - I've not heard of TUI returning deposits where the customer has chosen not to pay the balance.

It was paulo1888 who introduced the subject of Easyjet returning deposits

Streaky_Bacon

Pollycat said:

I didn't describe it as a goodwill gesture.

OK. I simply read your reply as you agreeing that it was a goodwill gesture.

Pollycat said:

As you say - it's a goodwill gesture by Easyjet.

I wouldn't expect all holiday companies to operate in the same way.