Hi, hope someone can give me some advice here.
Lask week (Jan) I booked a holiday over the phone with Olympic holidays for 4 of us to Cyprus in August 2008. A few days later my husband was given dates of business travel abroad that he cannot get out of and it clashes with our holiday. We cannot go the week before due to a family wedding and after is too late for our childrens schools. I spoke to Olympic they said they would not refund my deposit (£237) and if I continued to cancel they would sue me for the rest of the deposit as the one they had given me was a "low" deposit ! Can this be right.
I wouldn't mind paying some kind of administrative fee but to lose all that after a few days and at such early notice seems a little harsh.
I realise that holiday companies are there to make money but if anyone could let me know if I have any chance of getting my money back I would be very grateful.
Hi and welcome to HT!
When you made the booking you entered into a contract. This contract would say that any deposit will be lost if you decide to cancel a holiday. Low deposits usually have the clause that the full depot is payable if cancelling too.
Check the T's and C's as your only get out clause maybe that these T's and C's state that a contract is only confirmed once a confirmation invoice has been issued.
Has this confirmation invoice been issued?
Mark
When you made the booking you entered into a contract. This contract would say that any deposit will be lost if you decide to cancel a holiday. Low deposits usually have the clause that the full depot is payable if cancelling too.
Check the T's and C's as your only get out clause maybe that these T's and C's state that a contract is only confirmed once a confirmation invoice has been issued.
Has this confirmation invoice been issued?
Mark
Thanks for your reply
I booked the holiday with Olympic over the phone on the Thursday, my husband was notified of his travel details on the Friday (he was originally told he didn't have to go but that changed) so I phoned Olympic first thing Saturday morning at that stage I obviously hadn't received anything in writing due to there not being time, that is when they told me the above, about 5 days later I received the written invoice.
I booked the holiday with Olympic over the phone on the Thursday, my husband was notified of his travel details on the Friday (he was originally told he didn't have to go but that changed) so I phoned Olympic first thing Saturday morning at that stage I obviously hadn't received anything in writing due to there not being time, that is when they told me the above, about 5 days later I received the written invoice.
In that case, the following may apply to you:
Mark
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Mark
You will have to pay the rest of the deposit if you cancel the holiday.
Its not their fault you cannot go.
Could you not go later in the year
Its not their fault you cannot go.
Could you not go later in the year
As a side, i'm not familiar with any holiday companies 'suing' for any deposits not received, and find it unlikely they would pursue you for the rest of the money (how much is it btw?).
Does anybody have any experiences that are contrary to this?
Does anybody have any experiences that are contrary to this?
They will pursue and may even send debt collectors.
I think in this case sam, flyingblue has paid the "low deposit" which the T/os offer to encourage people to book The full deposit balance is usually due within so many weeks of booking . It always comes with a clause that the full deposit is due in the event of cancellation. 
It always comes with a clause that the full deposit is due in the event of cancellation.
I agree - To be fair the TOs are entitled to enforce this clause otherwise everyone would do it.
What sort of insurance cover do you have? Is there a clause in there that covers?
Elsewhere someone has posted advising people read their insurance documents and ensure that they have cover for their own circumstances.
Perhaps hubby should speak to his employer and see if there is any chance of changing things around.
fwh
They will pursue and may even send debt collectors.
I know the could do, and not debating the morals etc, just pondering if they have actually done this - i.e. does anyone know first hand?
I actually dislike low deposits immensiley, and do not believe it encourages sensible 'holidaying' which can be a big expense.
Ive often taken advantage of low deposit schemes, they can help you to budget, but have always been made aware that should I cancel I would need to pay the balance of the deposit.
These are just introductory offers to entice you to book.
I think your best best is to try to transfer what you have paid to another holiday.
Someone at work cancelled a Florida holiday for one year and they let her transfer it to a holiday the following year about, 11 months later than her original date, which I thought was pretty generous of them. Think she had to pay the usual amendment fees. This was with Virgin though.
These are just introductory offers to entice you to book.
I think your best best is to try to transfer what you have paid to another holiday.
Someone at work cancelled a Florida holiday for one year and they let her transfer it to a holiday the following year about, 11 months later than her original date, which I thought was pretty generous of them. Think she had to pay the usual amendment fees. This was with Virgin though.
Yes you will have to pay the whole deposit and is always clearly in any terms and conditions.
As already said if they allowed people to just book and cancel they they would have thousands doing it.
I don't think your insurance would pay up in this case. They will if illness etc is the problem for the illness of a close relative.
I fear you will just have to bit the bullet!
Sue
As already said if they allowed people to just book and cancel they they would have thousands doing it.
I don't think your insurance would pay up in this case. They will if illness etc is the problem for the illness of a close relative.
I fear you will just have to bit the bullet!
Sue
I would suggest that rather than cancel the holiday move to another date. You will still occur the change of booking fee but this will be around £25-£30 per person rather than losing your entire deposit. I had to do this a couple of times and although paying out the change fee is a pain, its much less of a pain that losing far more
Seeing that your husbands work has caused the problem i would get them to refund you the deposit or tell them that the holiday will go ahead. I dont think they could sack him for refusing to loose that amount of money.
They must be able to sort it out their end. What if he suddenly went sick got chicken pox at a late age, or broke a leg and could not go. Or if there was a
emergency at the airport and all flights were cancelled.
I do not see why you should suffer because your husbands work cannot get their act together.
They must be able to sort it out their end. What if he suddenly went sick got chicken pox at a late age, or broke a leg and could not go. Or if there was a
emergency at the airport and all flights were cancelled.
I do not see why you should suffer because your husbands work cannot get their act together.
Assuming that your husband had those down as holiday dates, it is rather harsh of his company not to help out. I think they are your best bet I'm afraid.
wendywu wrote:Seeing that your husbands work has caused the problem i would get them to refund you the deposit or tell them that the holiday will go ahead. I dont think they could sack him for refusing to loose that amount of money.
Slightly off topic, but please do remember that as employees we are entitled to holiday days, but it is not up to the employee to dictate to the employer when these can be taken.
Legally speaking, you will probably find that the Company can do what they did to the OP's husband as unfair as it may seem.
Mark
Legally speaking, you will probably find that the Company can do what they did to the OP's husband as unfair as it may seem.
Yes they can, legally - but any decent employer would see that an employee did not suffer because of their action
I totally agree with you but as we don't know the circumstances of the OP's husband's work situation I thought I made by post in response to wendywu's post advising the OP:
I've seen people sacked for less before and if you're not employed for more than 1 year with an employer even an Industrial Tribunal will not entertain a request for a hearing unless it is an unlawful dismissal.
Mark
Seeing that your husbands work has caused the problem i would get them to refund you the deposit or tell them that the holiday will go ahead.
I've seen people sacked for less before and if you're not employed for more than 1 year with an employer even an Industrial Tribunal will not entertain a request for a hearing unless it is an unlawful dismissal.
Mark
Yes be careful with that one. I've worked in HR (Personnel in the old days) all my career.
You do have a holiday entitlement, but it's at your employers discretion as to when you can take it.
There is no harm in explaining the situation and seeing if they would recompsense your for the 237 pounds, a good employer or large employer probably would.
But I would never advise just going ahead and taking the annual leave regardless you would officially be absent without leave. Where I work under 10 days is misconduct and over 10 days gross misconduct, the later being dismissable.
You do have a holiday entitlement, but it's at your employers discretion as to when you can take it.
There is no harm in explaining the situation and seeing if they would recompsense your for the 237 pounds, a good employer or large employer probably would.
But I would never advise just going ahead and taking the annual leave regardless you would officially be absent without leave. Where I work under 10 days is misconduct and over 10 days gross misconduct, the later being dismissable.
But if they have said that he would not be going abroad and could book a holiday on those dates then i think they would have to make sure he was not out of pocket by their actions. Other wise companies could say could not take your holiday a few days befor you were due to depart.
I think i would contact the citizens advice and see where i stand legally within the law. There must be some rules as companies could use telling people they cannot go on their booked holidays as a method of victimisation.
I think i would contact the citizens advice and see where i stand legally within the law. There must be some rules as companies could use telling people they cannot go on their booked holidays as a method of victimisation.
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