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Holiday Complaints

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Holiday Complaints

I booked a holiday last year for myself, husband and 4 children for Summer 2010.
My husband made the booking as he has a friend working in the travel agents with whom we booked and was automatically named as lead passenger because of this.
very payment toward the holiday was paid via my own debit card which he used over the phone without the travel operator requesting to speak to the card holder on any single occaision.
My question is this - my husband and I have now seperated and he is threatening to cancel the holiday. Obviously I feel that the children should not miss out on this holiday as it has taken a whole year to pay for and will be their first holiday abroad.
Can he cancel?
Will there be any reimbursment? - If so who gets this?
I have already saught legal advice but as I'm working it will probably cost me as much as the holiday to take it to a civil court - he's not working as he is on incapacity benefit and obviously would not have to pay any of the legal costs.
I have also written a letter to the travel agents requesting that they hold the holiday for a little while while I best figure out my legal position as I was advised to do this by Trading Standards, though I haven't heard anything from them as yet.
My biggest problem I think that despite my ex husband being named as 'lead passenger' is that his friend works in the agents where we booked it and therefore can easily make the changes on his behalf.
Someone please settle my mind and tell me I've not just wasted over £4000 on a holiday that my children won't get to go on and where he cn cancel and get my hard earned cash.
Thanks
From what I understand, the "lead passenger" is the person who entered into the contract and is the only person responsible for it.

I suppose that you will need to make a claim against the "lead passenger" in the event of any disputes.

Mark :)
Heya - 1st post \o/

Been reading forums for a very long time, but felt the need to post on this one!

Glod77 - Having worked for all the big agents out there generally your husband will have control over the booking. The agents working in the office will not be able to make any changes to your booking without his consent. However, you say that you have paid the deposit/balance with your debit card? If this is the case, should he cancel - then they should refund the money back to the origional card (details of each payment transaction are usually detailed on "in-house" booking systems) providing the card has not expired.

Which agency have you booked with?

I hope it all works out for you.

Regards,

Tom
I really feel for you on this one glod .Hopefully these are just threats but as has been said the lead name is responsible for the booking but any refunds should be made to the original card . Maybe it would be a good idea to put this request in writing to the agents before he thinks he can have a 4K refund .

Have you actually paid the whole balance or just a deposit . It seems very early to have paid the balance :think , Usually this is not due until 8-10 weeks before you travel and only a deposit would have been paid that will not be refundable . Up to 8-10 weeks before you travel you could still cancel and only loose your deposit .

I'm assuming therefore that you have been paying it gradually so you dont end up with the big bill 8-10 weeks before you go in which case a refund less the deposit would be due back on your card if he cancels.

lyn
Hi glod,have you thought of ringing the travel agents and asking what will happen if the holiday is cancelled.If the refund goes back on your card then at least your ex won't be able to gain from being so nasty.At least then you could re-book somewhere without him ,cutting down on the cost.Hope it turns out well for you,shame on him for wanting to hurt the children in this way,take care,T.
A couple more problems on top of the threat to cancel.....

If nothing is changed the tickets will be sent out in his name. If they are not sent to your current address he'll get them.

Changing this booking and taking him off may not save much money as the tour company may recalculate on the basis of "under occupancy" - and that's after they've levied the service charge for looking at the problem. It might be better to change the whole holiday to one that adds up better.

Definately go into the agents, if the friend won't help get the manager involved and make a scene.

Speak to your bank. If you have the card reissued (changing it's number without changing your account number) will a refund work? If yes, do it in case he's written your card number down.
When do you go,if I were you I would go into Travel agents today and try to get it sorted,I'm sure they will try to help.It would serve him right if you could change it to something else and he can't do anything about it.
fwh
Talking to people is not enough. I suggest that you confirm any conversation/discussion in writing and send it "signed for/registered post" keeping a copy. People do not always remember or may even have left the company. Email is not an option as you might need proof of receipt. You can track the letter online.

fwh
Thanks to everyone who has taken the time to reply.

I sure feel a lot better knowing at least any refund should be paid onto my debit card, and yes the holiday is fully paid up as I needed to pay it up to get some time to sort out buying clothes, spending money etc.

I have spoken to them in the branch and they say that no alterations have been made but they can't stop him making alterations and I can't cancel to get some money back only he can.

The guy was really nice and has promised to ring me should my ex attempt to make any changes providing that he is aware of them - which basiclly means that I'm not gonna know and there's nothing I can do about it.

I feel completely betrayed and have no idea how to tell the kids that we may just go away somewhere in this country for a weekend instead.

I just don't understand how he can be so selfish. As long as the kids get the holiday I don't care if I don't go and have even explained that to him, but he's not willing to take them, and doesn't want me to.

Either way, I can't do anything now and just have to sit and wait, or visit my solicitors on Monday (thank heavens it's half term) and pay out even more to ensure that my kids get their holiday. Seems so silly to go to extreem lengths, but in all honesty I'm been paying for this holiday for the best part of a year as we have to book early as there's so many of us and I need us to be in one room as the youngest is only 2.

Here's hoping he just does the right thing and saves me any more hassle and cash.
I just don't understand how he can be so selfish. As long as the kids get the holiday I don't care if I don't go and have even explained that to him, but he's not willing to take them, and doesn't want me to.


this could cause you another problem, if they are under 18ys and resident in the uk, then they are considered minors and will need a permission to travel letter signed by both parents/guardians, you may be their mum but if he is bloody minded enough then he can stop you as he hasn't given permission, so talk to your breif about that as well,you may need to go for a sole custodial order on them

wiz
Even more scary is that, as lead passenger, he can alter the names on the holiday booking and take a friend in your place (with a alteration fee). In which case the holiday wouldn't be classed as cancelled.
Check your travel insurance to see how you're covered. There should be some cover for change of circumstances, ie legal separation or divorce.
By accident I may have found an answer to the original question posed, " What exactly does 'lead passenger' mean -can it be changed?" One leading Travel Company has this to say -
Whether you book alone or as a group, we will only deal with the lead booking name in all subsequent correspondence, including changes, amendments and cancellations.

In short it's the only person the company will deal with with regards to the booking, and the lead booking name can if he/she wishes, change, amend and cancel. I am sure most travel companies will operate in the same way.

Peter
I would definately talk to a solicitor, it may not cost to much to have a court injuction preventing him changing or cancelling the holiday.

Dave
Just found this website http://www.injunction-direct.com

They state that an injunction can cost as little as £97 or £247 if they prepare the documentation.

I cannot not vouch for this company as I have not used them but it may be worth ringing the freephone number and discussing it with them.

Dave
fwh
The OP says that it is her husband. If that is the case she needs to consult with a solicitor - she cannot legally take the children to Scotland or outside the UK without his permission. Under normal circumstances the court would grant this for a pre booked holiday even if the other party was being obstructive.
In this case he is threatening to cancel the holiday with a consequent loss of money. If she is separated from him then a court would normally be involved and this problem should form part of any litigation that she is presently pursuing.
No court would grant an injunction without full information where children are involved.

fwh

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