Is this legal? Cancellation policy

User avatar
Beena
Posts: 8706
Joined: Mon Mar 07, 2005 1:36 pm

Is this legal? Cancellation policy

Post by Beena »

I've booked a holiday let for J's 40th later next month. It's only for a couple of days and a quick drive away (our current rental isn't big enough for guests) so I stupidly didn't bother with insurance.

They've emailed to cancel and with it attached a whole new Covid-19 cancellation policy. Their original cancellation gave a full refund or superior accomodation. This new one is a fraction of monies paid - minus assorted admin fees. Or credit against next year, but you need to book now, pay additional admin fees upfront and it all becomes non-refundable.

There's a lovely line in it which reads 'don't ask for a full refund as you won't get it', which has got my back up more than anything.

Can they just whip a new cancellation policy out of their backsides like that? The T&C's I signed has a clause that would cover cancellation in the event of an emergency (fire, flood, natural disaster).
Ella77
Posts: 97735
Joined: Thu Feb 17, 2005 10:55 am

Re: Is this legal? Cancellation policy

Post by Ella77 »

No, they can’t. Did you pay by credit card?
smalex
Posts: 52587
Joined: Fri Feb 03, 2006 10:29 am

Re: Is this legal? Cancellation policy

Post by smalex »

FFS! Honestly. I'm no expert but No! Otherwise everyone could issue new cancellation policies after the fact when it suited them.
smalex
Posts: 52587
Joined: Fri Feb 03, 2006 10:29 am

Re: Is this legal? Cancellation policy

Post by smalex »

Beatrix wrote: Wed Mar 25, 2020 9:20 am No that sounds like they’re desperate, perhaps not unsurprisingly, but there are ways of handling these situations and they aren’t ambushing someone with new terms. The original ts and cs at the time of booking should stand.
That's the thing, isn't, variously we're all suffering- make contact, ask for some leeway, if they need it. I'd have absolutely no sympathy when now they've tried to pull this one.
User avatar
Beena
Posts: 8706
Joined: Mon Mar 07, 2005 1:36 pm

Re: Is this legal? Cancellation policy

Post by Beena »

Yes to the credit card. And thanks. I'm exhausted and doubting myself.

I'd actually written off the cost until I saw their email. It's the full admin fees on eveything that are getting me. FFS.
Ella77
Posts: 97735
Joined: Thu Feb 17, 2005 10:55 am

Re: Is this legal? Cancellation policy

Post by Ella77 »

Good. Have a look on MSE for Section 75 claims and see if you qualify.
User avatar
Lily
Picker-Lily
Posts: 52927
Joined: Thu Feb 17, 2005 10:28 am
Location: The Wilds

Re: Is this legal? Cancellation policy

Post by Lily »

The cheek of that lot! They are assuming you won't put up a fight.

There are a lot of small businesses struggling and I understand that, but some places are taking the piss. A load of us were due to all go to a hotel next weekend which is now closed (Holiday Inn Express, Cambridge). A lot of us booked non-refundable rooms through Booking.com who said "Sorry the hotel say you can't get a refund". However the hotel are giving a different story and saying that they will refund. Booking.com are basically trying to keep their (quite extensive) commission so it's really put me off using them again.
"You first have to find out who you are. Then you have to be it like mad."

My blog, if you are bored
User avatar
Skips
Posts: 13563
Joined: Mon Jul 19, 2010 10:52 am

Re: Is this legal? Cancellation policy

Post by Skips »

Hotels.com have refunded me for my partially paid for with clubcard vouchers, non refundable, non moveable holiday. I'll lose the clubcard part (fine, I'll take that on the chin), but if they can refund the bit I paid, I don't see why others can't.
User avatar
Morganna
Posts: 17303
Joined: Thu Feb 17, 2005 7:25 pm
Location: Avalon

Re: Is this legal? Cancellation policy

Post by Morganna »

I booked a weekend away in November, and paid a 10% deposit. If I cancel before x date (can't remember, but further down the line) I can get 50% back, but after that I have to pay all of it. This is also through Booking.com. The bill is about £400. I don't know whether to cancel and 'only' be billed the 50%, but lose the other half, or wait and see what November brings so risk the lot.
User avatar
Skips
Posts: 13563
Joined: Mon Jul 19, 2010 10:52 am

Re: Is this legal? Cancellation policy

Post by Skips »

I'd wait and see, that's so far off you might be ok.
User avatar
Slanket
Posts: 5090
Joined: Wed Feb 16, 2005 10:34 pm

Re: Is this legal? Cancellation policy

Post by Slanket »

This is definitely not legal! It's also surprising given the current circumstances. We have a couple of short term let properties and our management company have immediately released us from our contract until further notice. We did have strict cancellation policies in place but have given immediate refunds for all cancellations as per the advice from the two platforms we advertised on.
User avatar
Dandelion
Posts: 5335
Joined: Mon May 11, 2009 10:00 am

Re: Is this legal? Cancellation policy

Post by Dandelion »

It actually is legal. The government are about to announce in the next few days that package travel protection does not apply to Covid-19 bookings. ABTA have written a whole new set of terms and conditions for travel agents and tour operators to follow, and they do not advise that a cash refund is an automatic right -

https://www.abta.com/news/coronavirus-outbreak
Ella77
Posts: 97735
Joined: Thu Feb 17, 2005 10:55 am

Re: Is this legal? Cancellation policy

Post by Ella77 »

Is it a package though? I thought it was just accommodation.
User avatar
Dandelion
Posts: 5335
Joined: Mon May 11, 2009 10:00 am

Re: Is this legal? Cancellation policy

Post by Dandelion »

Even so, the new ABTA rules would stand. I really sucks, but every tour company and airline are now only offering credit. Which means as agents, we can only offer credit. Any refunds previously agreed before the new T&Cs have been frozen for 90 days as the company I work for simply do not have the cash flow to refund everyone (or even pay their staff, apparantly).

It’s an unprecedented situation. I guess the government / ABTA don’t want the entire travel industry to go bust, so they are officially clarifying this with an announcement in the very near future.
User avatar
Toast
Delboy
Posts: 3634
Joined: Tue Mar 25, 2008 9:53 pm

Re: Is this legal? Cancellation policy

Post by Toast »

Is that as of today? BA confirmed my refund yesterday and last week I got a refund from Expedia for two different hotels. Airbnb also gave me a full refund.
User avatar
Beena
Posts: 8706
Joined: Mon Mar 07, 2005 1:36 pm

Re: Is this legal? Cancellation policy

Post by Beena »

This isn't an ABTA company though, Dande. It's a lettings agent for private owners.

If they just offered credit, I'd have taken that, but in order to get qualify for credit, they're telling people when they can use it and demanding a further 10% of the cost upfront.
User avatar
Skips
Posts: 13563
Joined: Mon Jul 19, 2010 10:52 am

Re: Is this legal? Cancellation policy

Post by Skips »

Hotels.com confirmed my refund earlier today. I hope I still get that! Although we would probably use a credit at a later date anyway.
User avatar
Dandelion
Posts: 5335
Joined: Mon May 11, 2009 10:00 am

Re: Is this legal? Cancellation policy

Post by Dandelion »

No, it has been in place for a week or so. It doesn’t say you can’t get a refund if that’s what the company are offering, but if you are only being offered a credit note then that is within ABTA rules.
Ella77
Posts: 97735
Joined: Thu Feb 17, 2005 10:55 am

Re: Is this legal? Cancellation policy

Post by Ella77 »

That link says this though.
This situation is completely unprecedented, and the Government is urgently reviewing options to introduce temporary changes to regulations that will create a longer window for repaying refunds without affecting the protection provided by an ABTA or ATOL protected holiday.
Sounds like refunds may still be possible?
User avatar
Dandelion
Posts: 5335
Joined: Mon May 11, 2009 10:00 am

Re: Is this legal? Cancellation policy

Post by Dandelion »

Beena wrote: Wed Mar 25, 2020 5:40 pm This isn't an ABTA company though, Dande. It's a lettings agent for private owners.

If they just offered credit, I'd have taken that, but in order to get qualify for credit, they're telling people when they can use it and demanding a further 10% of the cost upfront.
That is a bit rubbish then, especially asking for more money upfront. I doubt this will do anything to help them gain future bookers!

At least you still have a holiday to look forward to, if that is of any comfort. :lol:
Post Reply