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A company who provides services to holiday makers has not kept their side of the agreement. What can I do?

Civil Law

Antonio Flores Vila

26th of March 2000

Q. I joined a holiday club called World-Pass whilst on holiday in Tenerife last year. I signed a contract for 35 months with the company (Emeraude Vacaciones), and paid £ 2500.00 for the privelege. Unfortunately they have not kept their side of the contract. Have you any advice on how I might recover my money?

Anonymous

    A. If you think they have not kept their side of the arrangement, I suggest you engage a lawyer in order to design a strategy to recover monies plus damages if any.

    I am quite confident for two reasons:

    • The Company is the strong side and you are the weakest party to the contract. This gives you the edge over the company in a Court of Law.
    • The contract you signed is most probably a standard contract. These are under heavy scrutiny by Consumer Protection laws, in that they normally include clauses automatically null and void for being abusive. Your claim will be strengthened if these anomalies are conveniently pointed out.

    I suggest a letter is sent to the company requesting a refund of the monies.


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