Mate pulled out of holiday

Jacdylphil

I’m looking for some advice on where I stand legally. I booked a holiday with 3 friends with On the Beach a couple of months ago. Since booking it one of the 3 have pulled out and isn’t coming on the holiday. Due to the flights and airport transfer being unrefundable there is still an amount that needs to be paid. He is refusing to pay the outstanding amount because he is not coming. The flights and transfer are in his name but I am the lead passenger and the holiday is linked to my bank account. 

So I am wondering if legally he is responsible to pay this amount or am I responsible as lead passenger?

thanks 

IvanOpinion

I would say that is 2 different questions.  From the company point-of-view they have sold you a product and they expect to be paid based on their Ts&Cs. You are the lead and they will probably come after you.  From your point-of-view your friend agreed to pay and go on the holiday, and so you booked on that basis, therefore you would need to go after your friend to retrieve any money you lost.  Is there any chance you would have another friend willing to come along instead that could take the place, it may be possible to pay a fee and change the holiday into someone else's name.  Have you talked to OTB to see if there are options?

Never book a holiday in your name for friends unless they have paid you in full in advance - that way if they decided not to go it is their problem, not yours.

NoodleDoodleMan

"Never book a holiday in your name for friends unless they have paid you in full in advance - that way if they decided not to go it is their problem, not yours."

100% correct.

onashoestring

On the beach T&Cs say

“By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that he/she:

a. has read these Booking Conditions and has the authority to and does agree to be bound by them;..,,

 d. accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking”

so Legally you are responsible for paying OTB, if you don’t you may loose the whole holiday and whatever you have already paid . 

Morally and ethically your friend should pay his share to you , if that was the arrangement agreed when you booked.

heatherw_01

Legally yes he should pay, but it is you that has to pay as it is in your name.

You could take legal action on your friend to get the money back, but I am not a legal expert so can't offer advice about that. Small claims court, although the fees probably would cost more depending on the holiday amount.