Cancelling a Holiday - my rights as a consumer

R

richardevans

New Member
Apr 27, 2009
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Hello,

I did, in keeping with my usual flair for all things unfortunate, book a holiday to Mexico last Tuesday. Roll forward 4 days and out comes the news of the swine flu outbreak. As we have, over time, grown quite accustomed to breathing unaided, my girlfriend and I have decided to cancel said package holiday.

I am unsure however what my rights are as a consumer with regards any form of refund. I understand there is a 7 day "cooling off" period when purchasing good or services, which I fall into as this was booked last Tuesday 21st April and it is today Monday 27th. I have spoken with their customer services department who inform me that this does not apply to holidays.

I know the obvious thing to say is to check the T&Cs on the Your Holidays website, which I have done and which advises there will be charges for cancellations. That said, does anyone know what the deal is with this 7 day rule and whether I would be able to legitimately claim a full refund?

Any advice would be greatly welcomed.

Thanks in advance,
Richard
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
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Bolton
They are correct I am afraid:

From: Statutory Instrument 2000 No. 2334
Contracts to which only part of these Regulations apply
6. - (1) Regulations 7 to 20 shall not apply to a contract which is a "timeshare agreement" within the meaning of the Timeshare Act 1992[8] and to which that Act applies.

(2) Regulations 7 to 19(1) shall not apply to -

(a) contracts for the supply of food, beverages or other goods intended for everyday consumption supplied to the consumer's residence or to his workplace by regular roundsmen; or

(b) contracts for the provision of accommodation, transport, catering or leisure services, where the supplier undertakes, when the contract is concluded, to provide these services on a specific date or within a specific period.

(3) Regulations 19(2) to (8) and 20 do not apply to a contract for a "package" within the meaning of the Package Travel, Package Holidays and Package Tours Regulations 1992[9] which is sold or offered for sale in the territory of the Member States.
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R

richardevans

New Member
Apr 27, 2009
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Thanks, but what about...

Thanks for your reply Tony.

If I may desperately claw at another avenue of attack on this one; I have not yet received a confirmation email from the travel agent (I booked over the phone and was told a confirmation email would be sent out within 2 days - 6 days later I still do not have it), although the money has been debited from my credit card.

Do you know whether this lack of confirmation have any effect on my ability to claim a refund? Also when I called to initially request the cancellation they had my booking down under the wrong name, my name is Evans they had it as Spencer somehow! Any of this going to help my cause in your opinion?

Clutching at straws I know, just wanted to know if I had any grounds for reimbursement before I either fork out a small fortune to cancel or get marched off to my doom in Mexico.

Thanks again,
Richard
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Chance and Fat

Chance and fat come to mind, but not in that order.

The contract has probably been formed as offer and acceptance has taken place.

Do you lose all the money? The other thing that may be worth looking at is finding out if the holiday is transferrable to someone else

Tony
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
You could just go and follow FCO advice:

The Mexican Secretariat of Health has advised people to avoid large crowds, shaking hands, kissing people as a greeting, or using the subway. Maintaining a distance of at least six feet from other persons and frequent hand washing may decrease the risk of exposure.
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Mexico travel advice

If the situation gets worse I guess you can make a travel insurance claim.
 
K

kris1anne

New Member
Jan 29, 2009
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Quick reminder from someone who has been there. Mexico is very crowded wherever you go so six foot is nearly impossible to maintain as a distance between people. I worked for a travel firm for a long time and qualified in ABTA customer complaint law -I am sorry to say I am pretty certain you wont get your money back. It is worth mentioning though that those who catch this virus are treated very quickly and successfully.
 
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