i meant to say if i had stil gone not then it would have left her with only the flight to claim bac not i would have gone on my own!

So glad you enjoyed your holiday despite all that happened. It does sound like this person had planned all along that she wasn't going to go - and as you correctly say there was no guarantee that you would have been able to claim through your insurance had you decided not to go!
Personally I wouldn't give her another moments thought - let her take matters further if she wants but I don't think she has a leg to stand on (different story if she truely was ill but doubtful by her subsequent actions).
As the saying goes "with friends like her................................"

Wonder if the insurance company were aware of her pre existing medical condition.

Ive been following this thread with interest since the first post, but have been reluctant to post due to changing my mind about this so often! First gut reaction was "pay her nothing she let you down" then doubt came into it thinking - well what if she really was ill - your sister DID get a free holiday etc etc.

The legal aspects of it all have been very well covered by other posters - and good advice given there.

But after reading your post (and I know its your side of the story) I have just come to the conclusion "let her do her worst legally"...................what I mean is I would give her not a penny!

What would have happened if your sister couldnt go? and you didnt go? and she DIDNT get a certificate to claim on her insurance? You both would have lost a lot of money.

Okay some are saying that there is a moral obligation to give her something..............hmm I dont know really, I would have said so last week perhaps, but it seems obvious to me that this girl really didnt care about the mess she was causing, and at the very last minute too...........so in my opinion that negates any moral obligation you owe her.........

Legally I cant say as I dont know enough about it - but I would let her take you to court (if she has the brass neck that is)........I cant see a court ruling in her favour over this, but could be wrong of course! You say her mother would have told her "to get on the plane"................would it be worth contacting her mother and letting her know what you just posted there? Her mother might be horrified to hear all of this and tell her to get a grip!

Whatever way it works out I wish you well - and it could have been worse, at least you and your sister had a nice holiday. Tell her if she wants money to do it through the courts - and good luck and WELL done for salvaging what could have been a disasterous episode!

I know it's only a snapshot, and one side of things, but from what I've read, I think the OP and daughter come across as very pragmatic and tolerant.

Not sure I'd have the patience in the face of what seems quite selfish and avoidable behaviour from the 'ill' girl.

Im glad you girls had a lovely holiday.

As for your so called friend, well they do say a fool and his money are soon parted. And she was very foolish and if i were her mother i would be very cross at her.

WOW! What an interesting thread, I missed it until now as I've been on holiday.

I do agree that the OP has presented the facts (from her viewpoint) extremely well and am glad the her daughter didn't have to lose her holiday, even though it didn't turn out exactly how she originally planned.

From the later posts, it does sound to me like the friend didn't intend to go on this holiday and I don't think she deserves to get any money back - I just don't know about the legal implications.

OP, please, please, please come back and let us know the final outcome to this.

Regards

Hi,I think a lot of people are waiting to hear the outcome of this very awkward and messy predicament the op finds herself in,I don't think her daughter's friend should expect anything back,if I were her mother I would tell her to learn from experience that if you break a contract,as she did,then to accept her loss.Please come back and update!

just was thinking....which isnt always healthy for me....if the friend had booked and paid for a flight....gone airport or phoned with only 5 mins to check in closing and informed them she wasnt flying...for what ever reason....if they had some one on stand by wanting a seat on that flight ....they would have filled her unwanted seat....been paid again for her unwanted seat....and the friend would not have been given a refund even though seat had been re-sold ....friend would have needed claim from insurance who would need total proof with regards to unforeseen reason for not flying at such short notice.......think airlines at their disgression can offer a transfere on to alternate flight.....tweetie

ps hope you enjoyed your hols prettypolycat

TWEETIE PIE wrote:

just was thinking....which isnt always healthy for me....if the friend had booked and paid for a flight....gone airport or phoned with only 5 mins to check in closing and informed them she wasnt flying...for what ever reason....if they had some one on stand by wanting a seat on that flight ....they would have filled her unwanted seat....been paid again for her unwanted seat....and the friend would not have been given a refund even though seat had been re-sold ....friend would have needed claim from insurance who would need total proof with regards to unforeseen reason for not flying at such short notice.......think airlines at their disgression can offer a transfere on to alternate flight.....tweetie

ps hope you enjoyed your hols prettypolycat

But they dont have people waiting 'on standby' for package holidays that use charter flights, a flight is chartered and the seats are sold.

This is a Thomas Cook package holiday so I dont see how that would work ?

Package companys dont have big lists of standby people waiting to go on flights AFAIK in the same way as Emirates, BA etc or am I not getting the point ? (wouldn't be the first time lol)

no doespsmc you didnt really miss the point.....just me adding a different dimension...different senario....and making a point for thought and comparrison....pointing out that if it had been a flight not a holiday ....that had it been an airline and not a friend.....

The airline could have not only filled... but recieved payment for her seat from a standby passenger......but she still wouldnt have got her money back ...

sorry doespsmc...got a deep thinking head on me today...not always a good thing

What a tale. I would say "If you want the money sue me for it".Doesn't she have to prove she was ill? That means a trip to the Doctor/hospital and for an entry to be in the medical records.

Just thought I'd post an update, as this miserable business has not gone away.

We received a letter from the girl's father a couple of weeks back explaining that she was "unwell" and on "serious medication"; whatever that means. He explains that she would have been able to recover the money from the insurance had someone not taken her place. He is asking what my intentions are regarding "reimbursement" and wants to deal with the problem "amicably without taking matters further".

I have replied quite simply stating that if my daughter hadn't travelled then she would have been out of pocket without any chance of getting her money back. i have asked him to telephone me and suggested we discuss this in person.

BUT can you believe this....there are photos of her on facebook, looking the picture of health, having a meal out with her "boyfriend" and both her parents the day after she should have gone on holiday! ..... And the father has the cheek to say she is on "serious medication".

I can't believe what apalling behaviour he is indulging her in.

Initially I would have been happy to discuss a small amunt of compensation for the girl, but with all that's materialised since I don't feel inclined to give her anything. Right now I feel she is trying to extort money from me.

I will let you know what happens

I'm glad you posted an update as I wondered what had happened - what a shame that this situation has taken a further twist.
I think you have handled the situation well and the ball is now back in his court - it's a pity the "concerned" father didn't act prior to the holiday with regards his "sick" daughter! Had you had even a few days notice then the situation would probably been dealt with differently.

I'm not 100% sure about this, but if she was unwell and on serious medication, then I think she ought to have disclosed this to her Insurers prior to her intending to travel - somehow I don't think she would have done so and it may invalidate any claim she may or may not have - this is something perhaps worth further investigation! In any event he should be able to back up what he is saying by production of a doctors letter and a letter from Insurers rejecting her claim before I would even consider parting with a penny.

Let us know what else happens, looks like you have put the ball firmly back in their court and if you have records of the facebook pictures etc etc, then they would have alot of explaining to do should matters go further. Sounds like an attempt to get some money out of you - hold firm just now!

eevie
I think a lot of people have been wondering how this has worked out, you had a lot of posts expressing support for you.
I'm sorry to hear that this is still dragging on.

I'm 100% in agreement with you, this girl deserves a big fat £zero.

I hope the Facebook stuff is sufficient to back you up should this go further.

Kimi makes a good point about the discolosure of 'serious medication' to her insurers.

Best wishes

Just a point to add about the facebook stuff. Two weeks ago I had a VERY minor shunt in my car with a young lady - although it was my fault as she had moved off and then stopped - there was no damage to either car yet she is now claiming for personal injury! I printed all the stuff from her facebook account and sent it to my insurers where she is basically laughing and saying she is going to get a "big claim"..........and talking about clubbing that night (supposedly badly injured).......

My insurers are now fighting her claim for personal injury. The reason Im telling you this although its not from a "travel" point is perhaps it would be important to print all this off and keep it should this go any further. Dont tell her father you have seen it or they could delete it.

Ive been watching this to see how you have been doing and I am gobsmacked that the father is taking this attitude - had it been my daughter I would have wiped the floor with her and told her to take it on the chin as she had let you down so badly - but thats not helping you legally - I still think you have a good case because had you and your sister not gone, you would have lost everything as YOU werent "ill".

I personally think that I would let this take a legal course - the only problem I see is that if this girl gets a certificate from the doctor saying she really WAS ill at that time, well theres not much you can do to argue even if you KNOW the truth of it all - this is the only bugbear I see.

What if you tell her to go ahead and claim for the holiday from her insurers as she didnt get to go as she was "ill"..............then let the insurers do their worst?

Have you spoken to Ros (our travel Solicitor) about this yet? If not I would give her a call - she is bound to have dealt with this in the past. Keep us informed as I know there are lots of us rooting for you in this.

If insurance was taken at the time of booking presumably with a travel agent then they would both be insured with the same company. If the friend cannot provide suitable proof that she was denied a refund because someone took her place, and not that she was denied due to an undisclosed medical condition, or any other reason, then I would contact the insurer explaining the situation and see what they say. Call her bluff.

Think the OP said earlier in the thread that they had separate Insurance cover

Perhaps it is time for the parties concerned to take a step back and consider where this whole thing is going. Suggestions that someone may be making an untruthful claim on insurance or informing on them can lead down a very dark road. Only one side of the story has been given. With respect, there is the other side we do not know except as told by the OP. The whole thing could become very nasty and create far more problems and cost a lot more than the few pounds the holiday cost.

fwh