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Advice please! Booking and Cancellation rights

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Hi all

Please excuse me if this is in the wrong place its my first time posting!

I'm looking for some advice on holiday cancellation. I booked a cottage in the UK for 15 members of our family to stay 3 nights for a birthday. The booking was made directly with the owners and done over the phone. We paid £150 deposit upon booking and were told the balance of £450 should be paid in cash on arrival.

After booking and sending the cheque for deposit we received a hand written note acknowledging the booking.

We were due to arrive there today but unfortunately since yesterday half the family have been struck down with the flu and have all been suffering with sickness and high temperatures. We decided it would be best to cancel the weekend away as noone was up for the 5 hour drive let alone a boozy weekend.

I checked the website we found the details from originally to book and checked the note sent and there are no booking terms or cancellation terms. We called yesterday and explained the circumstances to the owners and apologised to have to cancel at such short notice.

The owners have now said we have to pay the amount in full for the booking. Obviously I knew the deposit was non refundable but I see nothing about having to pay the full amount of you cancel and we didn't get anything in writing at time of booking except a hand written reciept for the deposit.

The owner has said if we don't send the money they will send a demand notice for the amount that would have been due on our arrival.

Does anyone know if there is anyway they can enforce this? I do feel bad that we cancelled but there was no chance of us attending with this flu.

Any advice appreciated.

Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    MrP2016 wrote: »
    Hi all

    Please excuse me if this is in the wrong place its my first time posting!

    I'm looking for some advice on holiday cancellation. I booked a cottage in the UK for 15 members of our family to stay 3 nights for a birthday. The booking was made directly with the owners and done over the phone. We paid £150 deposit upon booking and were told the balance of £450 should be paid in cash on arrival.

    After booking and sending the cheque for deposit we received a hand written note acknowledging the booking.

    We were due to arrive there today but unfortunately since yesterday half the family have been struck down with the flu and have all been suffering with sickness and high temperatures. We decided it would be best to cancel the weekend away as noone was up for the 5 hour drive let alone a boozy weekend.

    I checked the website we found the details from originally to book and checked the note sent and there are no booking terms or cancellation terms. We called yesterday and explained the circumstances to the owners and apologised to have to cancel at such short notice.

    The owners have now said we have to pay the amount in full for the booking. Obviously I knew the deposit was non refundable but I see nothing about having to pay the full amount of you cancel and we didn't get anything in writing at time of booking except a hand written reciept for the deposit.

    The owner has said if we don't send the money they will send a demand notice for the amount that would have been due on our arrival.

    Does anyone know if there is anyway they can enforce this? I do feel bad that we cancelled but there was no chance of us attending with this flu.

    Any advice appreciated.
    Yes they can enforce this, via the Small Claims Court if necessary.

    There is an agreement in place that you will pay the balance upon arrival. You have clearly broken that agreement.

    The owner has suffered a loss of the amount that you are still due to pay and with no notice will have no trouble getting a County Court Judge to agree.
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes, the owners are right to ask for payment. They have kept to their part of the contract, they have provided the accommodation. You need to keep your side which it to pay.

    As you cancelled at such short notice there is no changce of them being able to mitigate their loss by getting somone else in to the cottage.

    if you fail to pay and they take you to court you may also have to pay court fees and interest, so you need to pay up.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • This is exactly why I always recommend that my guests take out holiday insurance for such eventualities.
  • Do you have a bank account with holiday insurance included? Maybe you could try and claim on this, but I think you'd need a doctors note or something as well, I've never tried it so not sure how much proof they'd need.
    MFW OP's 2017 #101 £829.32/£5000
    MFiT-T4 - #46 £0/£45k to reduce mortgage total
    04/16 Mortgage start £153,892.45
    MFW 2015 #63 £4229.71/£3000 - old Mortgage
  • chancesare_2
    chancesare_2 Posts: 1,788 Forumite
    7 of you struck down with flu the day before arrival and yet you expect the owner to suffer the loss. It's £40 for the entire stay, pay up, or get the 7 who caused it to pay double.
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