Travelodge Woes.

da_rule

The problem is is that for the OP to get a refund then there would have to be a decision that where a contract says something is 'non-refundable' that this constitutes an unfair term where the service is not used.

I cannot see any court finding this, as it would essentially make non-refundable deposits unlawful.

Also, you entered into a contract to supply a service and product (room and food). The fact that you could not use your entitlement is not the hotels problem (I'm not trying to make light of your situation), they have not breached their contract, the products were there for you. If I ordered a pizza and paid for it online then didn't answer the door to the delivery driver I couldn't then claim a refund.

Whilst there would be no harm in asking as they may do it as a good will gesture, I really can't see that you would have any legal recourse if they say no

unholyangel

da_rule wrote: »

The problem is is that for the OP to get a refund then there would have to be a decision that where a contract says something is 'non-refundable' that this constitutes an unfair term where the service is not used.

I cannot see any court finding this, as it would essentially make non-refundable deposits unlawful.

Also, you entered into a contract to supply a service and product (room and food). The fact that you could not use your entitlement is not the hotels problem (I'm not trying to make light of your situation), they have not breached their contract, the products were there for you. If I ordered a pizza and paid for it online then didn't answer the door to the delivery driver I couldn't then claim a refund.

Whilst there would be no harm in asking as they may do it as a good will gesture, I really can't see that you would have any legal recourse if they say no

Depends whether its an accurate pre-estimate of their loss. Even if it could be too high in some cases, it could still be challenged as an unfair term - rendering it legally unenforceable.

However even if such a term was rendered unfair, the business would still likely be able to keep their actual losses unless they happened to get a last minute booking since there is no entitlement to any sum that could be reasonably saved (for example, by finding another customer).

That is the ordinary position of law - to be put in the position you would be in had the breach not occurred. You're not supposed to be better off and you're not supposed to be worse off (its also the basis for challenging parking "tickets" - or invoices if you prefer, from private parking companies).

da_rule

Genuine pre-estimate of loss wouldn't apply as the hotel are not claiming damages of any kind, they are charging for a service, the fact that the customer then chose not to use that service is irrelevant. They have not breached their end of the contract, the room and the breakfast was available. If I book a ticket on a plane and chose not to turn up then I can't get a refund on that. And if I've paid for an inflight meal then that will be gone too.

Genuine pre-estimate of loss only applies to working out whether a clause in a contract represents liquidated damages (legal) or a penalty (not legal). That is not the case here. The hotel held up their end of the deal. If they had a term stating that they could claim damages for a no show then pre-estimate of loss would apply. The hotel is not seeking damages of any kind, it has been paid and it provided the service. As there has been no breach of contract on the part of the hotel the OP would also not be able to bring a claim for damages as there is no breach for the claim to arise out of.

The term is also completely fair, if you purchase a non-refundable service then it is exactly that. If it is clearly stated as non-refundable and both parties agree to it then so be it. And when it's something like a room tariff then it would be fair to say that any additional items you pay for at booking (food etc) would also be non-refundable, and they are often cheaper for this reason.

The ordinary position of law (as you refer to it as) does not apply as there has been no breach. Unless you can see something I can't. I'm struggling to get my head around how, when a hotel is asked to provide a room and breakfast on a set date and has been paid to do so and it then provides the room and has the food available how anyone can say there's a breach.

unholyangel

da_rule wrote: »

Genuine pre-estimate of loss wouldn't apply as the hotel are not claiming damages of any kind, they are charging for a service, the fact that the customer then chose not to use that service is irrelevant. They have not breached their end of the contract, the room and the breakfast was available. If I book a ticket on a plane and chose not to turn up then I can't get a refund on that. And if I've paid for an inflight meal then that will be gone too.

Genuine pre-estimate of loss only applies to working out whether a clause in a contract represents liquidated damages (legal) or a penalty (not legal). That is not the case here. The hotel held up their end of the deal. If they had a term stating that they could claim damages for a no show then pre-estimate of loss would apply. The hotel is not seeking damages of any kind, it has been paid and it provided the service. As there has been no breach of contract on the part of the hotel the OP would also not be able to bring a claim for damages as there is no breach for the claim to arise out of.

The term is also completely fair, if you purchase a non-refundable service then it is exactly that. If it is clearly stated as non-refundable and both parties agree to it then so be it. And when it's something like a room tariff then it would be fair to say that any additional items you pay for at booking (food etc) would also be non-refundable, and they are often cheaper for this reason.

The ordinary position of law (as you refer to it as) does not apply as there has been no breach. Unless you can see something I can't. I'm struggling to get my head around how, when a hotel is asked to provide a room and breakfast on a set date and has been paid to do so and it then provides the room and has the food available how anyone can say there's a breach.

I'm not saying OP is due a refund in this case, I was responding to your comment that you cant see a judge ruling as such because it would make non-refundable deposits unlawful. However, I would point out that many airfares allow you to cancel and refunds work on a sliding scale basis (depending how close you are to your departure date) or give you greater cancellation rights in exchange for a higher fare rate even up to fully changeable fully refundable.

Non-refundable deposits can be unlawful if they are not a genuine pre-estimate of loss or could be too high in some cases. Being perfectly honest consumers are handled with kiddie gloves in some respects.

McKneff

Thank you all for your input, I did indeed email them before my post here and having read all these posts, I just promptly forgot about it.


I have just had an email from them, and brilliant news, they have sent me an evoucher for the whole amount which I can use within the next 18 months.


Great stuff, I really expected either being ignored or a resounding refusal.

McKneff

gik wrote: »

Why can't you travel?

I had a heart attack on Monday ....
Didn't get out of hospital till Thursday.

k3lvc

I had a similar experience with Premier Inn last weekend - had booked a saver room with breakfast for 2 adults/2 kids.

Received a receipt in the post yesterday for just the £29 room cost with the breakfast refunded. Excellent customer service from my point of view especially as I'd written the whole lot off in my mind.

susancs

McKneff wrote: »

Thank you all for your input, I did indeed email them before my post here and having read all these posts, I just promptly forgot about it.


I have just had an email from them, and brilliant news, they have sent me an evoucher for the whole amount which I can use within the next 18 months.


Great stuff, I really expected either being ignored or a resounding refusal.

Thats fab news. I must admit that like you I thought you would probably just get a sorry we can't help you reply... glad to be proved wrong. I hope that you have a good and speedy recovery to full health and get to enjoy your night away.