Legal assistance with trip cancellation and damage


Questioner

Four weeks ago, a friend and I booked a trip with a departure in two weeks. The trip was canceled last week. We verbally agreed not to take out cancellation insurance and, in the event of cancellation, to transfer the booking to another travel companion. As the main booker, she paid the full amount of €800 and listed two travel companions (her and me), and I later paid her €400 by bank transfer. A week ago, she indicated she couldn't travel. Her doctor later confirmed this. I'm trying to find someone else, but it's not working. I'm trying to sell the trip on Marktplaats (a Dutch online marketplace), but it's not working. I'm calling the travel agency, and they're rushing to rebook. It's not working because I don't have a travel companion. I just don't feel comfortable with it. It turns out she actually has cancellation insurance after all. I don't. I want to hold her liable for my damages (I was sick for 10 years, and this is my first trip and salary), but she doesn't have third-party liability insurance. She doesn't want to pay for it personally, and I feel doubly screwed. My vacation is gone, and my money is gone. It's not her fault that she's feeling mentally unwell again, but I'm certainly not to blame. She doesn't want to share in the damages. I'm definitely not going to file a lawsuit, but our friendship is ruined/damaged by this. Especially since she told me after canceling that this is the third trip she's canceled, and I think I should have known that. I had estimated the chance of cancellation at 2%, but with her past, I should have estimated it at 30%, and that would have allowed me to insure myself. What's the legal situation here? Does anyone have any tips on how to try and resolve this financially better for me in a friendly way? Am I just screwed because I don't have cancellation insurance?

Questioner

What an annoying situation! In principle, as you said, you're the one to blame because you don't have cancellation insurance. If you're traveling with a companion and this is also evident from your booking, in some cases you may be eligible for reimbursement. This depends on the insurer. I would check this first. It's not your friend's fault that you're not being reimbursed. Everyone should insure themselves against these kinds of things. Unfortunately, you can't hold her accountable for this. Finding another travel companion might be an option, provided the terms and conditions allow it.

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