Who is liable for increased holiday costs due to one party cancelling?

[Bandaidrequired]

Three of us booked a holiday and paid in full. Then one person cancelled and the travel company only part-refunded them. They explained that this was because the cost of the holiday increased for the remaining travellers due to this cancellation. Who is liable to cover this cost please?

[factor-fiction]

Are you asking whether it should be the one who isn't going rather than the 2 who are? Is the third person refusing to pay? Who got the partial refund- did it go directly to her?

[Bandaidrequired]

The third person received the refund from the travel company directly. The travel company will not refund any more money. The third person is now suing the remaining two for the difference. Thanks for helping.

[factor-fiction]

How much are we talking about here?

[EDDIE51]

The terms for cancellation would have been in the contract for the holiday , the 3rd person will not be able to do anything about it . The other 2 can not be sued for something that was not their fault and out of their control, if this person talks to a lawyer he/she will be told that.
If anything the remaining two should sue the 3rd person for their increased cost. (but in reality even that would not work)
Tell the 3rd person to stop wasting even more money by starting a court case that they have zero chance of winning.

[Old_Geezer]

I'm no legal eagle but even with my usual skepticism about the law and how it can come up with weird rulings, I find it hard to believe the person who pulled out is in any position to demand compensation from those they let down. Even if they do see it as them subsidising the others' holiday. It was their choice to break the agreement and affect the price/cost arrangement.

[factor-fiction]

I assume the scenario was something like this.
A,B and C book a holiday
Cost for 3 sharing a room= £3000
They pay £1000 each
C pulls out.
New charge based on 2 sharing = £2400 (i.e. £1200 each for A&B)
C gets refund of £3000-£2400 = £600
C wants the full £1000 back so sues A and B for this money.

I have assumed there are no complications such as deposits

[factor-fiction]

Should say
C wants the full £1000 back so sues A and B for the remaining £400

[EDDIE51]

As I said, you can not be sued for something that is not your fault and that you had no control over. The 3rd person is talking rubbish any solicitor will tell them that they have no claim.

[factor-fiction]

I agree with Eddie51.
I pretty much agree with O_G although I cannot see any argument at all for saying C is subsidising the holiday of A and B.

[sunny-dave]

Unless there was a written agreement between the three of you about cancellation (perhaps along the lines of "if one cancels then we all cancel and the others then re-book if they want" - which would share the cancellation costs) I can't see that the person who cancels has got a leg to stand on.

Either their reason for cancelling is a good one (in which case their travel insurance should pick up any losses on the refund), or it's a frivolous one in which case they just take the pain of the loss themselves.

[Bandaidrequired]

Thank you for your answers everyone, they are very reassuring. Factor30 you were very accurate in your scenario. I will probably offer a goodwill gesture of a portion of the amount. Thanks

[factor-fiction]

I wouldn't- just send him/her a postcard

[Bandaidrequired]

Thanks factor30 you just made me laugh out loud, brightened my morning!

[I.Caramba]

Don't do that. He or she has cost you money already, through their actions, not yours.

[factor-fiction]

Okay- don't put a stamp on the postcard so they have to pay 'excess postage'

[woofgang]

suing is not as easy simply as deciding to do it. Has the canceller sued you or just threatened to?

[snags]

The person who cancelled is suing the other two? Unbelievable. Are you all friends? I suggest you choose your friends more carefully as this one is, frankly, an idiot :-)

[tonywiltshire]

Despite the scepticism of OG I do not believe the “law comes up with weird rulings” do remember that there is no liability in tort unless the act or omissions is a breach of duty of care, do the other two travellers owe a duty of care?

[joko]

the nerve of some people! and to think you were supposedly close enough to go on holiday together!

i thought it was given that people understood that if they cancel ,they shoulder the costs

i would not offer her anything whatsoever, and id even think twice about even speaking to her anymore!
tell her to take it up with the company - id like to see how far she gets!

[EDDIE51]

Don't even think about offering them money, they cancelled their fault ! nothing to do with you.