Small Caravan holiday company refusing to refund??

Moominbaby

Hi,

I booked a week in a caravan for my family and I a few months back and paid a £75 deposit (total holiday cost £700). Since then I have paid a further £200.

Recent changes in our family life have triggered a cross country move so I contacted the company for a refund of the £200 less the £75 deposit which they should rightly keep expecting it to be very straightforward as well within the timescales for full holiday payment.

The response I got I was appaulled very unprofessional, I was first outrightly refused and then told to provide a written cancellation (which I have since done) also to provide proof I am moving....what the :mad:??? Surely t hey have no right to even question our personal circumstances??

Anyway now I am reduced to absolutely no response from this company it is a genuine one and running sufficiently I have checked that much out but I am now £200 down with no holiday and a pending move with a partner and 3 children!

Extremely unhappy, any ideas what I can do please help!!!

Judith_W

Were there T&Cs relating to refunds being issued? or anywhere on the website that stated that any payments were no-refundable?

I don't think you can get far without understanding what you agreed who when you signed up for the holiday.

arcon5

When is the caravan booked for?

Hintza

Moominbaby wrote: »

Surely t hey have no right to even question our personal circumstances??

I imagine they might have cut you some slack but sounds as if you went on tilt and they will now refer you to the T&C's which you did read I hope, before refusing you a refund.

halibut2209

Again, a non helpful amd inaccurate answer from Hintza. Their T&Cs cannot override your legal rights.

Hintza

halibut2209 wrote: »

Their T&Cs cannot override your legal rights.

So what might they be?

halibut2209

They cannot retain any more than their actual losses, not "potential losses" or any other such jargon.

You really should brush up on things before spouting crap and asking questions that are answered every day here.

Hintza

halibut2209 wrote: »

They cannot retain any more than their actual losses,

Which could in fact be more than the OP has paid at this point so the company could in fact sue them for more if the caravan can not be re-let.

arcon5

Actually, this is a very grey area. It is never as straight forward as 'they can only retain provable losses' and relies on many other factors.

If for example the caravan was booked for this weekend they would potentially have a case to pursue op for the full amount. Where as if the caravan is booked for next year it would be completely different. However ops yet to provide this information.

There's also been previous mention on a slightly different topic recently about the complicated legal situation surrounding 'loss of profit'.

So we probably need much more information from op before anybody can offer any advise worthy of anything,.

Flyboy152

arcon5 wrote: »

Actually, this is a very grey area. It is never as straight forward as 'they can only retain provable losses' and relies on many other factors.

If for example the caravan was booked for this weekend they would potentially have a case to pursue op for the full amount. Where as if the caravan is booked for next year it would be completely different. However ops yet to provide this information.

There's also been previous mention on a slightly different topic recently about the complicated legal situation surrounding 'loss of profit'.

So we probably need much more information from op before anybody can offer any advise worthy of anything,.

Loss of profit cannot be quantifiable in circumstances such as these. If it was a bar of chocolate in a supermarket, it is quite easy to work that out, but as most of these services are negotiated on a case by case basis and costs vary from time to time, it would almost impossible to accurately establish what the profit might have been, if the customer cancelled. Which, in itself, is an important point, "might have been." It would be very, very difficult to prove potential losses in these circumstances and from what I understand, potential losses cannot claimed from the buyer.

Moominbaby

Thank you for all the responses,

The holiday was booked for the end of August still in school holidays, it is a brand new caravan and top of the range (private) but on a haven site, the company has a few on site and they could easily resale at £700 for the week when havens equivilent is £1200 for the same week. All other holiday dates are booked! Haven site passes were to be purchased by us on arrival direct from haven so that was seperate.

Nothing in terms and conditions other than full payment 8 weeks before the holiday start date.

The company are completely ignoring my correspondence and I was extremely polite on the phone, the lady managing director was incredibly rude however!

I have found Martin Lewis' sectiion on chargeback and considering I am being ignored I wonder if I can take this route I did use my visa debit to pay the £200 to the company??