Cancellation of holiday due to snow

downshifter

A friend of mine had her holiday accommodation last week cancelled because of snow, the owner of the accomm couldn't get the road to it cleared in time as the drifts were too deep. They've offered her alternative dates but she doesn't want to go then, she only wanted last week. They've told her she needs to claim on her hol insurance then.

Surely if they couldn't clear their access then it isn't her fault and surely they should offer full refund - and maybe compensation for missed holiday? (It was a special birthday)

Are there any holiday property owners here - what is your normal policy?
Thanks.

PompeyPete

What does the contract say?
If all else fails, why not ask your friend to sell the holiday to someone. If it's in UK I doubt whether identity of whoever turns up would be an issue. Post some details of the holiday on here, and you never know!

downshifter

Thanks, actually it should have been last week so too late now.

Mark_Hewitt

downshifter wrote: »

A friend of mine had her holiday accommodation last week cancelled because of snow, the owner of the accomm couldn't get the road to it cleared in time as the drifts were too deep. They've offered her alternative dates but she doesn't want to go then, she only wanted last week. They've told her she needs to claim on her hol insurance then.

Surely if they couldn't clear their access then it isn't her fault and surely they should offer full refund - and maybe compensation for missed holiday? (It was a special birthday)

Are there any holiday property owners here - what is your normal policy?
Thanks.

In this case it's the property owner who has cancelled the holiday. Not your friend and not down to any failure of transport. Therefore it's a very simple matter under the Sale of Goods Act (which also covers services of course). That the service was not provided, thus the contract was broken, thus they are entitled to a full refund.

The reason that the holiday was cancelled is not your friends concern, they are entitled to a full refund.

If any insurance claims are to be made it's for the for the owner to do, not the customer.

The owner may not like the situation, and they may well end up significantly out of pocket, but that's the law!

greenface

Would they be "out of pocket" as they are just refunding the money the customer has paid for the holiday they never got. To me thats just a week empty. I own a little gaff in Snowdonia i rent out and if i was in that situation i would fully refund or offer another date in the same price band (i wouldnt let them have a week in the 6 week hols for a cancelled Nov?dec date)

downshifter

It seems that the lane to the property is owned by the council so the owner is saying that as it isn't his fault that the council didn't clear the lane he shouldn't be liable. He says at no point however did he cancel the holiday, just told her the lane wasn't passable.

greenface

If they have offered her alternative dates and told her the dates were not available then thats their cancellation she never cancelled her side she took the advice from the holiday owner. He should refund . No that it matters how much are we looking at and take this over to the ownersdirect forum or lay my hat and ask some advice there as they could help you as owners . good luck

wealdroam

downshifter wrote: »

...the owner is saying that as it isn't his fault that the council didn't clear the lane he shouldn't be liable. He says at no point however did he cancel the holiday, just told her the lane wasn't passable.

So who did cancel the holiday?

That point is rather important.

If the owner told your friend that the lane wasn't passable and your friend decided not to go, then your friend cancelled the holiday.
In this case your friend does need to look to her holiday insurance.

On the other hand, as Greenface says, if they told her not to come, then they cancelled.

macman

The owner is clearly not responsible for a public road being impassable. They might well have advised (as a courtesy) that there might be major problems accessing the property, but unless transportation was included, then it's the buyer's responsibility to get there, or to claim on their hol insurance if not.
Unless it was a private drive or lane that was blocked, in which case it's a totally different scenario.

downshifter

The owner said you couldn't get along the lane, even with a 4x4. I don't think he actually cancelled as such but what would be the point in my friend and her guests travelling a couple of hundred miles if they couldnt get along the last couple of hundred yards. It's not a private road but only leads to the cottage. I suspect that what has happened is that he advised her about the lane and she took that to be a cancellation. Obviously not having heard the phone conversation it's hard to be certain, she certainly believed he had cancelled but maybe he didn't. I think her point is that as he couldn't provide her with the holiday despite her willingness to travel there, then he is liable.

macman

She really should have clarified that point at the time. Even if he said 'it's totally impossible to get up the lane, I strongly advise you not to come', then he is still not liable, as the accom was presumably still theoretically available-he is not responsible for how she gets there, however impractical it might have been.