Hotel charges after emergency cancellation

Chickabiddybex

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unholyangel

Voyager2002 wrote: »

If the case were to come to court it is quite possible that the judge would rule in favour of your parents, but they lost they might then have to pay legal fees as well.

It is very rare for legal fees to be awarded in small claims cases. They would have costs to pay if they lost, but not legal fees.

OP's parents could try unfair contract terms - binding customers to T&C's that they had no real chance to become acquainted with before being legally bound by them.

Schedule 2, paragraph 1, states that terms may be unfair if they

have the object or effect of:

(i) irrevocably binding the consumer to terms with which he had no

real opportunity of becoming acquainted before the conclusion of

the contract.

bris

Voyager2002 wrote: »

It is highly unlikely that travel insurance would have been offered: the OP's mother, sadly, was already ill and suffered a recurrence of an existing problem. Insurance companies are not usually helpful in this situation.

Note that the hotel cannot charge the full price of the stay as well as the deposit.

Hotel reservations can generally be canceled, unless they are at exceptionally cheap rates in which case the customer should be made aware that they are being offered a good deal in return for having to commit themselves. Since your parents apparently had no idea that their reservation could not be canceled, it is possible that the hotel failed to make them aware that they had chosen this kind of deal. In which case, the hotel could not legally insist on full payment.

What you could do is check the advertisement that led your parents to make the booking. If the conditions (that it is non-refundable) were not made clear there, then they might consider instructing the credit card not to allow the payment and invite the hotel to sue them. Doing this would force someone senior in the hotel to consider the case and decide whether or not to proceed. The downside, of course, is that the matter might then be settled in court, which some elderly people find to be an unduly stressful experience. If the case were to come to court it is quite possible that the judge would rule in favour of your parents, but they lost they might then have to pay legal fees as well.

Unfortunately OP this is absolute drivel, your parents entered into a contract that the hotel are legally allowed to hold you to, unless their T&C's say different.

The hotel must mitigate your losses by trying to re let the rooms, but at this late stage that would be unlikely. If they did and at a lesser rate they would be owe you the difference between what they get and what you paid, but sorry don't hold out much hope.

frugal_mike

bris wrote: »

The hotel must mitigate your losses by trying to re let the rooms, but at this late stage that would be unlikely. .

Would it also be true to say that the hotel would have to be fully booked for their loss to be mitigated? If they're not fully booked then the person they sell OP's room to would have been allocated a different room, so the hotel will still be losing out.

earthstorm

Its like most hotels/holiday companies. refund rates etc. will depend on the time frame from the refund request to the actual booking date.

the OP stated

Any way to cut a long story short, my parents were due to go on on this trip yesterday (Monday 9th Sept 2013) but unfortunately my mother took very very poorly over the weekend and was in hospital, and again yesterday back in for emergency treatment, so they called the hotel and rang to cancel,

but has not stated when their father phoned to cancel the booking. so if they phones on the morning of Monday 9th Sept 2013 or even on 8th the hotel would not been able to re let the room and such short notice they would take the full costs ( this is standard with all hostel bookings)

unholyangel

frugal_mike wrote: »

Would it also be true to say that the hotel would have to be fully booked for their loss to be mitigated? If they're not fully booked then the person they sell OP's room to would have been allocated a different room, so the hotel will still be losing out.

Theres no entitlement to any money that could be saved by finding another customer.

The hotel are legally only allowed to charge their net costs or net profit.

5.3 Other kinds of penal provisions which may be unfair are damages and costs
clauses saying that the supplier can:
• claim all his costs and expenses, not just his net costs
• claim both his costs and his loss of profit where this would lead to
being compensated twice over for the same loss
• claim his legal costs on an 'indemnity' basis that is, all costs, not just
costs reasonably incurred. The words 'indemnity' and 'indemnify' are
also objectionable as legal jargon – see below, Part IV, Group 19(b).

I've said it once so I'll say it again, it being in the terms and conditions doesnt necessarily make it legally enforceable. Especially if OP's parents were not provided with any terms and conditions at the time the contract became binding. They cannot be bound to t&c's retrospectively.

However, the hotel are entitled by law to recoup any losses reasonably incurred directly from the parents breach....

globetraveller

I appreciate that you are upset over your mum when you are writing this so perhaps not thinking as clearly as you might at other times.
I am not sure why not being up with the internet has any connection with booking over a phone. Your parents booked the hotel and you said the receptionist gave the terms of the booking. The hotel is giving a voucher as a goodwill gesture- perhaps ask them if anyone can use the voucher?
The hotel had no time really to rebook people and may well have turned down guests. The illuminations were only switched on the previous week which may well mean the beginning of a busy time for them.
If you book a holiday and don't take insurance then you have to take the consequences I'm afraid. And having a pre existing illness does not bar you from insurance.
For future reference, tell them to come to you for bookings help. You can find plenty of hotels who if you give more than 24 hours notice, then you just lose your deposit- depends of course on the overall price you are willing to pay for that of course. This is the best course if they refuse to take out insurance.
I hope your mum recovers soon and is able to enjoy some time away.

lez5075

sorry to hear but hope it works out fine for you

ThumbRemote

globetraveller wrote: »

you said the receptionist gave the terms of the booking.

Actually, they said the exact opposite.