Payment due on holiday that cannot be taken - what are my rights

kevn42000

In brief, bought cheapie package (flight/hotel) for Malta, one week from June 13th - for myself and the wife. I am UK citizen, she is not. Has right to remain / Biometric Residents Permit. We obtained 3 month Schengen visa from France for Feb to May, but currently impossible to get a Schengen visa appointment anywhere in EU. So she cannot travel. Lastminute sold me a holiday months ago which we cannot now use. Changing dates to late September is prohibitive - almost the same cost again as the original holiday. They say that under the Ts and Cs there is no way I can avoid a large payment due for the holiday on May 14th (£680). If I tell my credit card provider not to make the payment, will they come after me in court for the money. Will it affect my credit rating? I've asked them to quote me for June next year to see if the additional cost comes down, and might also see if they would simply give me a credit towards a fresh holiday some other time. Coincidentally, knowing we cannot travel due to the visa issue in June, I accepted a date for a major heart operation 5 days before the holiday from the NHS. Not really sure what to do assuming no cheaper change or credit voucher is possible.

marcia_

 Do you have travel insurance 

eskbanker

kevn42000 said:

Lastminute sold me a holiday months ago which we cannot now use. Changing dates to late September is prohibitive - almost the same cost again as the original holiday. They say that under the Ts and Cs there is no way I can avoid a large payment due for the holiday on May 14th (£680). If I tell my credit card provider not to make the payment, will they come after me in court for the money. Will it affect my credit rating? I've asked them to quote me for June next year to see if the additional cost comes down, and might also see if they would simply give me a credit towards a fresh holiday some other time.

You basically have three choices:

1. Pay according to the terms you signed up to
2. See if you can negotiate something mutually acceptable
3. Choose not to pay

If you go with option 3, chances are they'll pursue you for the debt, probably via debt collectors, and if you continue to refuse then yes, it could end up in court, with consequential impact on your credit files.

kevn42000

marcia_ said:

 Do you have travel insurance 

Yes - a general policy for each of us. I have no idea if it would cover (in my wife's case) the impossibility of applying for a visa, or in my case the operation date. 

marcia_

kevn42000 said:

marcia_ said:

 Do you have travel insurance 

Yes - a general policy for each of us. I have no idea if it would cover (in my wife's case) the impossibility of applying for a visa, or in my case the operation date. 

 I would claim for your operation assuming the condition was declared when buying the insurance? 

kevn42000

eskbanker said:

You basically have three choices:

1. Pay according to the terms you signed up to
2. See if you can negotiate something mutually acceptable
3. Choose not to pay

If you go with option 3, chances are they'll pursue you for the debt, probably via debt collectors, and if you continue to refuse then yes, it could end up in court, with consequential impact on your credit files.

Thank you - I am trying on 2, and 3 doesn't look like a risk worth taking for the £680. Will likely end up with 1 when all is said and done and wave goodbye to the money, but at least good to explore options. Oh well, it's only money. Lesson learned - don't book a holiday anywhere a Schengen Visa will be required.

kevn42000

marcia_ said:

 I would claim for your operation assuming the condition was declared when buying the insurance? 

Sadly, it is fairly recent, developed since the (annual) policy was taken out. So it goes...

marcia_

kevn42000 said:

marcia_ said:

 I would claim for your operation assuming the condition was declared when buying the insurance? 

Sadly, it is fairly recent, developed since the (annual) policy was taken out. So it goes...

 Ring the insurance company and see what they say. Depends on if you should have informed them of the diagnosis or not 

daveyjp

If the condition was unknown at the time you took out the policy claim on your insurance.

theoretica

kevn42000 said:

marcia_ said:

 I would claim for your operation assuming the condition was declared when buying the insurance? 

Sadly, it is fairly recent, developed since the (annual) policy was taken out. So it goes...

That is the good answer!  And try to claim for both of you as your wife would not travel alone.  I wouldn't even mention the visa, just the medical issue and operation date - they would probably rather cover the cancellation than potential costs from the condition if you travelled, before or after an operation!

TELLIT01

You can potentially claim on travel insurance.  You because of the surgery and your wife due to you not being able to travel.  That will only be true if you complied with the terms of the travel insurance, which may require you to inform them of any change in your medical condition.

Without the medical condition I don't see you having any claim on your travel insurance as it is the responsibility of the traveller to ensure that they have the required documentation for travel.