12 week cancellation policy on holiday cottage...unreasonable?!

berti_quinlan

Good morning,

I would like to get a bit of advice on a holiday I booked for my wife and I. I had booked a 4 night break at a cottage in the highlands called http://www.highlandcoachhouse.co.uk/. I paid the deposit back in May and paid the remainder the other week. However, I have now been told by my work that they are changing my schedule. I work in Norway for 3 weeks at a time and my new time away falls into the period that I had booked the break (9th October - 13th October).

I am still in probation so I don't want to try to rock the boat, I am just trying to keep my head down and get through my 6 month probation.

Anyway, I got in touch on the 8th September to inform them I could no longer make it and to ask if there was any chance I could get a refund. I wasn't expecting all of it back but I was hoping I would get the total minus the deposit. I have been told that the cancellation policy is a full 12 weeks before the dates, this seems ridiculously excessive and they are refusing to have any leeway with this. So effectively I am now over 500 pounds out of pocket with no holiday. Do I have any grounds for contesting this as it seems unreasonable to have such a long cancellation policy, the most I have ever seen is a month which I thought I would be ok with since it was just over a month until the dates we were due to go but I have just been told no. They offered to rebook for another date but we don't really have that option because of other commitments.

Is there any grounds for contesting this or am I up a creek here?

Thanks

ThumbRemote

berti_quinlan wrote: »

Is there any grounds for contesting this or am I up a creek here?

You're up the creek. You broke the contract, and they don't have to offer any cancellation policy at all.

However, if you do cancel, and they can re-let the cottage, you should be entitled to some money back.

berti_quinlan

That's what I was afraid of, I know I made a !!!! up by not reading the policy but I was hoping I would be able to argue that it was an unreasonable amount of time for a cancellation policy.

bris

They have to mitigate the loss, if they re let the property for the same dates then you are entitled to up to a full refund.

They are allowed to deduct reasonable expenses for the re let such as advertising from the refund. Also with short notice re let they may also take less for the rental, this too can be deducted so they still get the same value as you paid.

Keep an eye on it, with say a week to the holiday get some one else to ask if the dates are available, if not you can legally challenge them for a refund or part refund depending on the circumstances.

harrys_dad

Do you have your own separate holiday insurance? Did they offer holiday insurance? Not sure it would be covered but worth a look.

bod1467

Did they send you any T&Cs for the contract BEFORE you agreed to the contract? (i.e. before you paid anything).

Were there any T&Cs on any documentation you received from them?

(I ask as I can't see any T&Cs on their website. If you weren't informed of their cancellation policy prior to agreeing to the contract, then they can't hold you to such terms).

PS - their website currently shows your dates as booked. Have you formally cancelled?

arcon5

bod1467 wrote: »

Did they send you any T&Cs for the contract BEFORE you agreed to the contract? (i.e. before you paid anything).

Were there any T&Cs on any documentation you received from them?

(I ask as I can't see any T&Cs on their website. If you weren't informed of their cancellation policy prior to agreeing to the contract, then they can't hold you to such terms).

PS - their website currently shows your dates as booked. Have you formally cancelled?

Even if they didn't that doesn't change the fact a contract for services was mutually agreed and now op wants to renegade on that agreement. So unless you can tell us what law would allow op to cancel this is breach of contract and they can seek damages.

in the same way they couldn't tell op they are cancelling a month before without being open to damaged under common law

bod1467

CPUTR 2008 for one. UTCCR 1999 for another.

To paraphrase ... where there's any ambiguity in a contract term, the interpretation that favours the consumer shall take precedence.

IMO this applies equally where NO terms have been agreed.

keyser666

Can you not change the dates for when you are now available?

wealdroam

berti_quinlan wrote: »

They offered to rebook for another date but we don't really have that option because of other commitments.

As Keyser666 suggests, I would really try hard to take up that option... rather than lose £500.
Perhaps in the three week period that you are now unexpectedly going to be at home.

gik

Is this situation any different to when you buy an item in a shop/at a distance and a change of mind?