Advice please on a holiday cancelled due to sudden death

ColleenMC

2007-02-19 19:58:21

I would appreciate advice on what you would do in this awful situation.

I booked a holiday for myself and my husband via the internet to Gran Canaria on 26th March 06 and paid £54 booking fee. The holiday was for middle June 06.

On 28th March 06 (just two days after) my husband suddenly died. He had no health issues or medical problems and was just 54. I hadn't took out any holiday insurance at that point.

I cancelled the holiday, sending off the death certificate.

A few weeks later I had a bill for £208 for cancellation charges.

I was gobsmacked! and my son wrote a letter to say this wasn't any old cancellation and I would not be paying.

I heard no reply, nothing from the holiday company.

Around November 06, I had a letter off a Debt Collection Agency for the £208. I rang them and explained. I heard the lady gasp when I told her the situation and she said she would get back to their clients.

I thought that would be that. I moved house in December and the mail situation of redirecting hasn't been working very well. I picked up some post from the old house the other day and there was another letter from the Debt Collection Agency dated 26th Jan 07. I had to ring them urgently.

I rang the Debt Agency the other day and she said she understood my situation but there had been a meeting and I would have to pay the £208. She said I could claim it back off the insurance. I hadn't taken out insurance at that time.

I have to pay by law but I think they are being very callous and heartless. They had plenty of time to sell the holiday again.

I'm sorry it's long but I would love to know what someone else would do in this situation.

Thank you x

Edited by ColleenMC 2007-02-19 20:25:49

robbyw

2007-02-19 20:15:29

Unbelievable, how callous can they get ????
I don't really know what advice to give, but hope others on here can advise accordingly.
Maybe contacting a newpaper or something similar might get the results you deserve and get the kind of advertising these b:swear 's deserve.
They should be named and shamed, a copy of the death certificate should be all they require to accept this terrible situation.

Hoping you get what you want, all the best.

Robby :wink:

Kath

2007-02-19 20:18:12

Hello Colleen - first of all, please accept my sincere condolences for your very sad loss.

You say you originally paid a deposit of £54. This sounds an unusually low amount for a deposit, so am I correct in assuming it was a 'low' deposit ? If so, have you anything in writing where you have agreed to pay the difference within a certain time ?

I think the best thing you can do is ring Ross Fernihough Travel Law Solicitor, who will be able to advise you as to whether there is any way around this. Her telephone number is 01922 621114

Good luck.

Kath HT Admin

ColleenMC

2007-02-19 20:24:06

Thank you Robby and Kath

Sorry, the £54 was the online booking fee

and thanks for the solicitors phone no. I will give her a ring.

x

fwh

2007-02-19 20:26:14

I am sure that all those who read this will sympathise with you.

From a legal point of view you are liable for these charges. It is unfortunate that you did not have "Holiday" insurance in place to cover for this. It is a myth that when someone cancels they can simply sell the holiday on.

Have you examined your other insurances in case there is a clause that may cover you in such an instance? Some household insurance policies do provide holiday cover although I do not know if they cover in cases such as yours. It may be worth having a look.

You do not say with which company you booked. The only suggestion I can make is a "Personal" letter to the Chief Executive explaining the circumstances. It is a condition of booking that you must have insurance when making a booking. An examination of the T&Cs should confirm that is the case.

By accepting a booking without insurance being confirmed would, in my opinion, contravene their own terms & conditions. We have an annual policy. The TO we use has a copy on file but always ask me for a copy to attach to the paperwork.

fwh

ColleenMC

2007-02-19 20:40:16

Thanks for your reply fwh

I've just tried to look at their booking conditions but the page won't load.

I didn't realise that insurance should be in place before booking but it would make good sense with hindsight.

I know legally I have to pay, it's just in this instance it seems a rigid enforcement of the rules in these circumstances but I would think that wouldn't I. Plus the fact that my letter was never acknowledged by them and they put me straight into the hands of debt collectors, just made me more angry.

dksbbs

2007-02-19 21:02:38

Colleen I am sorry for your loss,

One thing to check is whether your bank account had free holiday insurance, ours has but we didnt realise at first and paid extra, it may be worth checking.

David

fwh

2007-02-19 21:35:08

Can you please advise us who the company are that you booked with. Our members may then look at the T&Cs and see if we can help further.

fwh

ColleenMC

2007-02-20 10:16:01

Thank you David, I will check on that

x

The company is Thomson

robbyw

2007-02-20 10:22:08

Hi Colleen, did you book direct with Thomsons, or through an agent ??

Robby :wink:

fwh

2007-02-20 10:55:25

I have read the T&Cs online and cannot find a requirement for insurance being required. It does seem strange that it is not, there must be many cases each year where people have to cancel and get caught out.

In your case I would again suggest a letter ( Signed for Service ) explaining the circumstances. I have no doubt that you would have taken the insurance but events did overtake you. Make this point. It should be addressed to the Chief Executive.

The address is

Thomson Holidays Ltd

WIGMORE HOUSE
WIGMORE PLACE
WIGMORE LANE
LUTON
LU2 9TN

fwh

MikeCunliffe

2007-02-20 11:24:29

My condolences for your loss Colleen, and for your son's loss as well.

There's been lots of valid advice so far, so I'll restrict myself to a related aspect not yet mentioned. When debt agencies become involved the "debt" often rises dramatically as a result of their charges and costs. Whilst you try to appeal to the sensibility of Thomsons, ascertain from the debt agency what the full and final debt is at this point and if they intend to increase their charges in time, perhaps as a result of court dealings.

Thomson's has had sufficient time to appreciate the sensitivity of your position and appear not to be flexible - so far. Do write to the "main man" and send it "signed-for" - it only adds about 68p to the cost and you can track the receipt of the letter over the internet.

Good Luck.

ColleenMC

2007-02-20 12:07:27

Hi Robbie, it was through an agent and I'm almost certain it was Portland Direct.

x

ColleenMC

2007-02-20 12:10:34

Thanks fwh

My son has wrote a letter and he said last night he was posting it today, also with a copy to the Debt Collectors. I just hope he uses the signed for option

ColleenMC

2007-02-20 12:13:18

Thank you very much Mike

x

ALAN D

2007-02-20 14:10:20

HI
Sorry to hear this
but one thing that you may have overlooked
some bank accounts ie royal bank of scotland and i know for certain direct line house insurance
gives you free holiday insurance

hope this helps
alan

ColleenMC

2007-02-20 14:27:46

Thanks Alan

Thanks to all of you for replies, in case I've missed anyone.

I have got on to my contents insurance people and I am not covered for anything holiday related. She did take the opportunity to try and get me to have Legal Assistance insurance though, bless her. Even she thought it was very harsh and thought it was a lot to ask for cancellation fees.

Also the bank account I have does not cover holiday insurance, unless I had upped it to a gold account, which does.

bellingham

2007-02-20 20:15:26

advice please holiday cancelled due to sudden death

H i When my Mother died 6 years ago i told the TA and i had a full refund with out any arugument, we also had the the upgrade to gold insurance money back as well, within taking the death certificate and filling in the forms we had our money back in 7 days. :hmmm

robbyw

2007-02-20 22:50:07

Colleen, legally they are entitled to chase this money, but morally and ethically the shouldn't. This for me is one area which is a "no no" for pursuing monies.
I would if possible contact your local CAB and hopefully the will get someone to chase this up on your behalf, that's of course if Thomsons or the agent doesn't see sense first.

Best of luck again,

Robby :wink:

samsung753

2007-02-21 17:00:17

When you book a holiday with a TA they usually ask the name of your holiday insurance provider at the time of booking.
Online you get the choice to take out their insurance or tick a box to supply your own.
I think this should be done at time of booking.

They are within their right to want their money, but i think they would be better refunding in this case.
A bit of customer care goes a long way.

Sorry about your loss Colleen.

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