Defer Holiday Balance payment?

WSforever

I am due to make the final balance payment on a package holiday next week. For travel end of July.
Should I make the payment or not?
Or should I request to defer the final balance payment?

bradders1983

You can ask, you may not get.

Browntoa

Fail to pay may be construed as a cancellation. 

Is it TUI ?

Life__Goes__On

WSforever said:

Should I make the payment or not?

Do you want to go or not?

Streaky_Bacon

If you are not comfortable paying the balance, you could tell them, in writing, that:

1) Due to current travel restrictions you do not believe that they will be able to perform their obligations under the contract.

2) You have deferring paying the balance, until the situation changes or they can explain how they intend to perform their obligations.

3) It is not your intention to cancel the contract, and they should not infer that the delayed payment is a cancellation.

4) To fulfill the legal obligation of both parties to limit any losses, you give permission for them to cancel the contract and return all sums paid, and point out that this would enable them to resell the package should the opportunity do so arise.

Ask them to respond with their position, including how they intend to fulfill the obligations, and say that you will review your position upon receipt.

bradders1983

Streaky_Bacon said:

If you are not comfortable paying the balance, you could tell them, in writing, that:

1) Due to current travel restrictions you do not believe that they will be able to perform their obligations under the contract.

2) You have deferring paying the balance, until the situation changes or they can explain how they intend to perform their obligations.

3) It is not your intention to cancel the contract, and they should not infer that the delayed payment is a cancellation.

4) To fulfill the legal obligation of both parties to limit any losses, you give permission for them to cancel the contract and return all sums paid, and point out that this would enable them to resell the package should the opportunity do so arise.

Ask them to respond with their position, including how they intend to fulfill the obligations, and say that you will review your position upon receipt.

Thats all very good but I doubt he would get a reply before next week at this rate.

WSforever

Thanks for all responses. 
Don't really want to go at the moment, but given how fast the situation changes, the end of July may be a different proposition. But not in a position next week to make that decision. Hence my request to delay that final payment.

Streaky_Bacon

bradders1983 said:

Thats all very good but I doubt he would get a reply before next week at this rate.

Yes, very unlikely, so the OP has three choices really

1) Pay the balance

2) Don't pay the balance

3) Don't pay the balance but attempt to communicate and negotiate in good faith with the supplier, make it clear that they do not intend to cancel, offer to help limit any losses to the supplier and, perhaps more importantly, be able to show that they attempted to do so.

Unless they are happy to do 1) then 3) is much better than 2).

[Deleted User]

I’d pay as not paying may be considered as cancelling. Also if they cancel you are entitled (entitled is different to actually getting it) to a full refund (under package holiday regs).

Streaky_Bacon

GabiB said:

I’d pay as not paying may be considered as cancelling. Also if they cancel you are entitled (entitled is different to actually getting it) to a full refund (under package holiday regs).

Not paying the balance cannot be considered as the OP cancelling the contract.

Suppliers do, however, typically attempt to reserve the right to cancel the contract themselves, and keep the deposit, if the consumer doesn't pay on time.

Whether the supplier decides to go that route is up to them. All the OP could do is show that they tried to negotiate in good faith.

Whether the supplier wishes to forego the balance, in the hope of selling the package again and keeping the deposit, will be a business decision for them. Whether it is reasonable for them to keep the deposit in that situation will be for somebody else to decide.

As you say being legally entitled to something is not the same as successfully enforcing that entitlement, so any balance paid is put at risk.