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uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden.

Dispute with Holiday Company



 
 
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  #1  
Old December 30th 06, 10:45 AM posted to uk.legal.moderated
psychman
external usenet poster
 
Posts: 20
Default Dispute with Holiday Company

Hi folks

The wife and I took a cruise. Owing to mechanical problems one destination
out of five was omitted. I wrote to the company, who offered £346 in 'travel
credit' as compensation, to be used before end 12/07. Trouble is I don't
want to use them again. They are not ABTA members. What is my best way, if
indeed any, to get them to make a cash offer. Small Claim? and if so, for
how much? Many thanks

Psychman


  #2  
Old December 30th 06, 02:45 PM posted to uk.legal.moderated
Mark Goodge
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Posts: 2,076
Default Dispute with Holiday Company

On Sat, 30 Dec 2006 10:45:02 +0000, psychman put finger to keyboard
and typed:

Hi folks

The wife and I took a cruise. Owing to mechanical problems one destination
out of five was omitted. I wrote to the company, who offered £346 in 'travel
credit' as compensation, to be used before end 12/07. Trouble is I don't
want to use them again. They are not ABTA members. What is my best way, if
indeed any, to get them to make a cash offer. Small Claim? and if so, for
how much? Many thanks


What does it say in the small print? Are you guaranteed five
destinations, or does it say that the number of destinations
advertised is subject to amendment if necessary? If the latter, then
you've got no legal claim at all - the best you can hope for is a
goodwill offer, and it seems that they've already made that. You might
find that writing again and asking for a cash offer gets a suitable
response, but if it doesn't then there probably isn't much more you
can do. If, though, it was specifically advertised as a
five-destination cruise and the small print doesn't mention the
possibility of varying it, then you probably do have a good case for a
partial refund in cash. Without knowing more about how the cruise was
advertised and the Ts&Cs of the package then it's almost impossible to
give any more detailed advice.

Mark
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  #3  
Old December 30th 06, 02:45 PM posted to uk.legal.moderated
tim.....
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Posts: 1,518
Default Dispute with Holiday Company


"psychman" wrote in message
...
Hi folks

The wife and I took a cruise. Owing to mechanical problems one destination
out of five was omitted. I wrote to the company, who offered £346 in
'travel
credit' as compensation, to be used before end 12/07. Trouble is I don't
want to use them again. They are not ABTA members. What is my best way, if
indeed any, to get them to make a cash offer. Small Claim? and if so, for
how much? Many thanks


Small claims is the way to go. Send a letter threatening same
first.

How much?

Well how much of your holiday was spoilt?

10%, 15%? I doubt that you will get a judge to agree to
much more.

tim




  #4  
Old December 30th 06, 05:40 PM posted to uk.legal.moderated
Peter Crosland
external usenet poster
 
Posts: 4,084
Default Dispute with Holiday Company

The wife and I took a cruise. Owing to mechanical problems one
destination out of five was omitted. I wrote to the company, who
offered £346 in 'travel
credit' as compensation, to be used before end 12/07. Trouble is I
don't want to use them again. They are not ABTA members. What is my
best way, if indeed any, to get them to make a cash offer. Small
Claim? and if so, for how much? Many thanks


Small claims is the way to go. Send a letter threatening same
first.


Legal action should always be the last resort not the first. Neither is it a
good idea to threaten. Write a polite letter sating why you don't think
their offer is acceptable and ask for a cash settlement. At the top of the
letter make sure you put the words "Without prejudice" which mean that the
letters cannot be used against you in court. State a reasonable time, say
fourteen days, for a response.


How much?

Well how much of your holiday was spoilt?

10%, 15%? I doubt that you will get a judge to agree to
much more.

tim


--
Peter Crosland




  #5  
Old December 30th 06, 09:05 PM posted to uk.legal.moderated
psychman
external usenet poster
 
Posts: 20
Default Dispute with Holiday Company

Legal action should always be the last resort not the first. Neither is it
a
good idea to threaten. Write a polite letter sating why you don't think
their offer is acceptable and ask for a cash settlement.


Quite so. From the kind advice offered here I shall reply and request the
cash settlement. Since they have already had 2 letters they will realise I'm
quite determined, but I'm also happy to acknowledge the efforts they have
made.

Psychman


 




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