Trading Standards have investigated this and have found Kosmar to be in breach of contract.
The Travel Law Solicitor's office gave us a similar response.
We will now be proceeding against Kosmar.
I would be surprised if your contract is with Travelcare. Normally when booking a package holiday your contract is with the tour operator in this case Kosmar with Travelcare acting as your agent.
If your contract was with Travelcare then you would be taking them to court not Kosmar.
I am amazed at Kosmars attitude in this as I cant see what grounds they have for keeping a deposit on accommodation they cancelled. They dont have a hope in hell of winning when it comes to court and surely with all legal costs it is going to cost them far more than just refunding the money.
I would say good luck with your claim but I cant see how you are going to need it, I cant think of a more open and shut case. Cancelling of your accommodation is a major change to a holiday so full refund should be given.
Kind Regards
Stewart
If your contract was with Travelcare then you would be taking them to court not Kosmar.
I am amazed at Kosmars attitude in this as I cant see what grounds they have for keeping a deposit on accommodation they cancelled. They dont have a hope in hell of winning when it comes to court and surely with all legal costs it is going to cost them far more than just refunding the money.
I would say good luck with your claim but I cant see how you are going to need it, I cant think of a more open and shut case. Cancelling of your accommodation is a major change to a holiday so full refund should be given.
Kind Regards
Stewart
Good luck with your proceedings against Kosmar. Don't be put off by how long winded it is - we are awaiting a court date towards the end of the year against them for our "holiday" last year. You are in the best of hands with Ros. We need to make a stand against this company people off.
Can I just clarify the complaint was actually about kosmar so therefore the refund will initially come from Kosmar to Travelcare, then from Travelcare to the customer!
Why should Travelcare refund the money when the problem actually lies with Kosmar?
Why should Travelcare refund the money when the problem actually lies with Kosmar?
I think it's now been established and clearly stated that proceedings are to be taken against Kosmar.
Peter
Peter
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