Festival Apartments - Not Returning Deposit!

BudChampagne

I have recently arranged a trip to Edinburgh in February next year for the 6 Nations. I found Festival Apartments through a google search. After speaking to the owner, I decided that I would probably book an apartment. The owner constantly rang me to say that he needed a deposit to secure. When I said I was not sure, he mentioned that if I did not pay by the end of the week the apartment would be gone. So I paid £300 on my credit card. 3 weeks later I had to cancel and asked for a refund. He simply emailed me and said 'as per the terms and conditions on our website this is non refundable'. I have had no response since. At no point in any of our conversations did he refer me to terms, or mention that the deposit was non refundable. Is there any way of getting this money back? Small claims court? I become a father for the first time on Friday.... so need every penny!

neilmcl

The T&Cs are on the website and quite clearly state that the deposit is non-refundable. The person you spoke to is under no obligation to verbally discuss the terms and conditions unless you explicitly asked him to. I'm afraid you should have checked this before handing over the deposit.

There's nothing you can do.

Brooker_Dave

BudChampagne wrote: »

So I paid £300 on my credit card. 3 weeks later I had to cancel and asked for a refund. He simply emailed me and said 'as per the terms and conditions on our website this is non refundable'. I have had no response since. At no point in any of our conversations did he refer me to terms, or mention that the deposit was non refundable. Is there any way of getting this money back? Small claims court? I become a father for the first time on Friday.... so need every penny!

The whole point of deposits is that you don't get them back if you back out.

That's what they are for.

pinkshoes

BudChampagne wrote: »

Is there any way of getting this money back? Small claims court? I become a father for the first time on Friday.... so need every penny!

Congratulations on becoming a father! But I'm sure you knew about this baby arriving for 9 months (:rolleyes:), so you can't really use that as an excuse, as you said you booked it recently.

The deposit will be non-refundable.

I suggest that you either go and enjoy yourselves that week, or find someone else who wants to go and can take your place.

BudChampagne

Thank you for the responses. Pink, I was not using the birth as an excuse, just trying to highlight why I am chasing this hard.

I appreciate I made an error by not checking. However, it always rankles me when a pushy sales guy badgers you day and night (5 calls a day and into the evening) for a deposit as this 'will go' and 'we are always fully booked on 6 Nations weekend' and then gets to run away with the deposit, after making no mention of cancellation policies. Again, my error. Also, the cancellation is not down to just pulling out, but unfortunate circumstances that the agent is well aware of.

Not a mistake to be repeated.

BudChampagne

Hello all,

Quick update, I won the claim due to T & C's being sent after payment was made. So £300 back.

Glad I persevered.

Anihilator

quite sad really when they are clearly on the website you used to see.
This company probably lost money because of you.
Sadly whilst consumer protection is needed, the DSR and SOGA to a lesser degree penalise customers far too much for customers changing their mind or neglect.

Tozer

To be honest, there are plenty of cases where to hold on to a deposit when there is an ability to "resell" the service has been held to be unlawful.

Well done OP.

BudChampagne

Whilst the terms were on the internet, I did not book through the internet, but over the phone.

Also, an error on my part from the original post, which may have changed viewpoints, was that after booking I was emailed T & C's, that said that if cancelled within 60 days, the money would be refunded, which I did.

The apartment has been rebooked, so no money lost because of me.

isplumm

BudChampagne wrote: »

Whilst the terms were on the internet, I did not book through the internet, but over the phone.

Also, an error on my part from the original post, which may have changed viewpoints, was that after booking I was emailed T & C's, that said that if cancelled within 60 days, the money would be refunded, which I did.

The apartment has been rebooked, so no money lost because of me.

I was about to reply that although you found them via the web, you booked over the phone ... so the web t&cs shouldn't really count ... unless you were told about them on the phone ...

I could have understood if they had refunded minus admin fee, but to keep all of the deposit is a bit much ... did you go to court?

Mark

smillajuk

I am new to this and I found a link on google for Festival Appartments.

I have fallen fowl of them and in this case the appartment I booked was cancelled by the owner within the same day as booking with FA. At present FA are holding onto my money which is a 15 % down payment. The fact are that I phoned to book and was not told about the non refundable deposit. The chances are I will have to pay more for another appartment if they were to affer an alternative. If they were forced to cancel and not me, should I legally be entitled to my money back inspite of some statement which says non refundable. I cannot pay for nothing if no service has been provided. Hope this sounds clear