A travel industry lawyer representing a cruise specialist that was ordered to refund a client’s £1,000 deposit by a small claims court believes the agency can overturn the decision on appeal.
Travlaw senior associate Nick Parkinson will seek permission to appeal on behalf of the agency, which does not want to be named, this week.
A couple started court proceedings against the agency to recover a £1,000 deposit they paid to take a cruise in November 2020.
The line subsequently cancelled cruise, but the couple had already transferred the booking to November 2021, after being told they would lose their deposit if they cancelled the booking.
Parkinson highlighted the similarities between the case and two county court decisions on Covid-era cancellations – Dennison v We Love Holidays and Kirk v We Love Holidays. Both decisions were overturned on appeal in favour of We Love Holidays.
Confirming the agency will seek permission to appeal, Parkinson said: “I feel confident that we will succeed.”
He said the small claims court’s decision was “fundamentally wrong”. “Cancelling a trip so many months before, it’s too soon,” he added. “The customers should not be able to cancel and get a full refund.”