Hotel Cancellation Rights...do we have any in this case?

LuciusC11

Flyboy152 wrote: »

In order for the hotel to charge you the full price, they would have to prove that they cannot fill the room at the time you have booked.

Would you be able to expand on this? Can you back this up? They can probably prove that they cannot fill the room as the hotel has been entirely booked out by the wedding input....

Thanks for yours, and everyone else's input so far..

arcon5

LuciusC11 wrote: »

Would you be able to expand on this? Can you back this up? They can probably prove that they cannot fill the room as the hotel has been entirely booked out by the wedding input....

Thanks for yours, and everyone else's input so far..

This will explain it:
https://forums.moneysavingexpert.com/discussion/comment/42873192#Comment_42873192

It basically outlines that a retailer can only retain proofable looses from deposits if you cancel/breach contract -- in the UK.

Flyboy152

arcon5 wrote: »

How do you prove you cannot fill a room? :huh:

They would have a duty to mitigate their losses, so trying to fill the room -- but failing to do so at short notice, they would have a case for charging them in full.

But they have to prove they attempted to fill it. If it does get filled there would be no charge.

Also remember they are in Italy, not sure the same rules apply?
Even if they do, good luck enforcing them

In which case, good luck in enforing their invoice.

Evilm

arcon5 wrote: »

This will explain it:
https://forums.moneysavingexpert.com/discussion/comment/42873192#Comment_42873192

It basically outlines that a retailer can only retain proofable looses from deposits if you cancel/breach contract -- in the UK.

Interesting question: If the hotel can't find another couple who are attending the wedding to take the room then would the room have been booked in the first place?

If they have booked out the entire hotel to the wedding , assuming that the OP's room wasn't the last room available and that other guests were turned away and now have booked elsewhere, WERE there any losses? Assuming they still have rooms available (that they won't sell to non-wedding guests) then they are in no worse a position than if OP had ever booked a room.

I don't know what the law is in Italy and for myself tend to say that the cancellation policy is what I agreed to so wouldn't contest it myself but the above might be of use as a point of discussion for the OP.

arcon5

Evilm wrote: »

Interesting question: If the hotel can't find another couple who are attending the wedding to take the room then would the room have been booked in the first place?

If they have booked out the entire hotel to the wedding , assuming that the OP's room wasn't the last room available and that other guests were turned away and now have booked elsewhere, WERE there any losses? Assuming they still have rooms available (that they won't sell to non-wedding guests) then they are in no worse a position than if OP had ever booked a room.

Interesting, never really though of it like that. Based on what you said then op would probably be entitled to all money back.... especially since it says in the op that they booked the whole hotel, which I would take to mean they will be the only guests.

but I wonder what the situation would be if they got special rates for booking that number of rooms and as a result of the cancellation the guests therefore would not have been entitled to the agreed price......?


Maybe op is infact in a good position, as they haven't yet paid the invoice and as flyboy pointed out, "good luck in enforing their invoice" .

So in theory op could cancel the card they are trying to charge and they are unlikely to take it further. HOWEVER, I wonder if there are any clauses in the bride & grooms contract which cover unpaid rooms............ i'm sure the last thing she would want is for the newlyweds to get back from their honeymoon to find they have been charged for the cancelled room.

Foggster

arcon5 wrote: »

Interesting, never really though of it like that. Based on what you said then op would probably be entitled to all money back.... especially since it says in the op that they booked the whole hotel, which I would take to mean they will be the only guests.

but I wonder what the situation would be if they got special rates for booking that number of rooms and as a result of the cancellation the guests therefore would not have been entitled to the agreed price......?


Maybe op is infact in a good position, as they haven't yet paid the invoice and as flyboy pointed out, "good luck in enforing their invoice" .

So in theory op could cancel the card they are trying to charge and they are unlikely to take it further. HOWEVER, I wonder if there are any clauses in the bride & grooms contract which cover unpaid rooms............ i'm sure the last thing she would want is for the newlyweds to get back from their honeymoon to find they have been charged for the cancelled room.

But havent the bride & bridegroom already protected themselves from this happening by each guest/guests providing their bank details? Surely the hotel cant have it both ways?

System

The op is going to have to pay. They agreed to the terms which said that if they cancelled after a certain date they were liable to pay for the room. There is no way the hotel would let out the whole hotel for a wedding and not ensure that the bride and groom were responsible for paying for any empty rooms. I have been to similar weddings where everyone pays for their own room, but any empty rooms are paid for by the wedding party. So basically the op needs to decide whether they will honour the committment to pay for the room, or to screw over their friend on their wedding!

arcon5

Foggster wrote: »

But havent the bride & bridegroom already protected themselves from this happening by each guest/guests providing their bank details? Surely the hotel cant have it both ways?

I imagine that is the case, and the reason they worked it like this. But in the case of op the hotel have tried collecting payment but failed due to insufficient funds -- so I would be interested if there was anything in bride/grooms contract making them liable for their guests...
I doubt there is, but it is possible depending on how the hotel have formed the agreement.

arcon5

goater78 wrote: »

The op is going to have to pay. They agreed to the terms which said that if they cancelled after a certain date they were liable to pay for the room. There is no way the hotel would let out the whole hotel for a wedding and not ensure that the bride and groom were responsible for paying for any empty rooms. I have been to similar weddings where everyone pays for their own room, but any empty rooms are paid for by the wedding party. So basically the op needs to decide whether they will honour the committment to pay for the room, or to screw over their friend on their wedding!

So let me get this right... rather than the hotel having a contract with all the names guests individually, the bride & groom will have the contract for all rooms but they will collect payment for the whole bill from guests......?

System

The Bride and groom will say we want the whole hotel reserved for the wedding and they will guarantee all rooms will be taken by the guests. The hotel will let rooms to only people invited to the wedding who will each make their own contract with the hotel. However if any rooms are not taken the wedding party will have to pay for them as they have requested exclusivity of the hotel. This is really very standard practice at weddings. Otherwise all guests will have to give a cheque to the bride and groom which is frankly ridiculous!