Holiday cancellation due to mental health issues - refund question

lisyloo

Jenni_D said:

Just thinking laterally ... if EasyJet manage to rebook the package with someone else, shouldn't the OP('s friend) get their money back (less any admin charges and loss of revenue/profit if it had to be sold cheaper)?

It would be very difficult to prove, but at very short notice, selling the exact package is unlikely.

the terms and condition will be explicit and say total loss at this short notice.

if the person and a direct substitute willing to pay then they might be able to do something.

Jenni_D

T&Cs aren't the be-all and end-all ... if a term leads to the seller gaining an advantage at the consumer's expense (i.e. selling the same package twice) then that term may be deemed unfair and thus treated as if it didn't exist.

I'm not saying that will happen in this case, just that it can. A contract is a contract is a contract after all, and parties to a contract are expected to try to mitigate loss.

Sandtree

It would be easier if the tables were reversed and the OP had paid their deposit but now was refusing to pay the balance because of illness would mean they cannot travel. As such that would be a breach of contract where the remedies are actual losses and the ball would be in EasyJet's court to have to pursue the debt.

In this case its not a breach of contract and instead an argument that the T&Cs are unfair which is arguably more difficult and leaves the OP to attempt to pursue EasyJet... they will struggle in the first instance to prove if EasyJet manage to sell the holiday, the cost for doing so and any price difference. All things the court can require EasyJet to disclose but it adds to it being a gamble.

lisyloo

Jenni_D said:

T&Cs aren't the be-all and end-all ... if a term leads to the seller gaining an advantage at the consumer's expense (i.e. selling the same package twice) then that term may be deemed unfair and thus treated as if it didn't exist.

I'm not saying that will happen in this case, just that it can. A contract is a contract is a contract after all, and parties to a contract are expected to try to mitigate loss.

Ok, point taken (and thanks).

anecdotally I can report that easyJet are a nightmare to deal with.

we had to give up a seat we’d paid for (for disability reasons) on a flight.
before I (physically) gave way, I got a signed agreement for compensation that was agreed between the captain and the liaison officer who was authorised to agree it.

I had to fight easyJet to get to get the compensation even though they had offered, signed, authorised and recorded it.

They gave me a right run around, I wrote them a letter before action, sent it recorded and got my money back.

so they are a very difficult company to deal with.

I sat for part of the flight on the “jump” seat due to the physical difficulties we had to manage.

user1977

The only refund may be for the taxes on the flights.

lisyloo

user1977 said:

The only refund may be for the taxes on the flights.

I can anecdotally confirm they’ll be as unhelpful and opaque as possible about that too.

Grumpy_chap

Jenni_D said:

T&Cs aren't the be-all and end-all ... if a term leads to the seller gaining an advantage at the consumer's expense (i.e. selling the same package twice) then that term may be deemed unfair and thus treated as if it didn't exist.

I'm not saying that will happen in this case, just that it can. A contract is a contract is a contract after all, and parties to a contract are expected to try to mitigate loss.

Quite interesting points as I understand the business model for many travel services is based around over-selling and relying on some people simply not turning up.

Irrespective of the above, flight taxes may be recoverable as just mentioned

pinkshoes

Why can't they pay to have the name changed on the ticket and someone else go?!

If they can't use the holiday they might as well let someone else go and have an amazing time!

(And if Easyjet have re-sold the ticket, then they have mitigated their losses so some sort of refund might be due...)

emmajones1976

pinkshoes said:

(And if Easyjet have re-sold the ticket, then they have mitigated their losses so some sort of refund might be due...)

There would be no way of proving or disproving this, at this point the OP's mate is relying solely on their goodwill.

lisyloo

pinkshoes said:

Why can't they pay to have the name changed on the ticket and someone else go?!

If they can't use the holiday they might as well let someone else go and have an amazing time!

(And if Easyjet have re-sold the ticket, then they have mitigated their losses so some sort of refund might be due...)

That’s a fab idea - if there is someone not working, wanting to travel in a pandemic, has the spending money and will go on their own (I suspect not that easy even to give away).

but a fab idea