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Snowbox Festival - Trying to argue with them regarding a cancellation fee

kris.cross
Posts: 13 Forumite
Hello Guys
A group of 6 were planning on going to Snowboxx 23rd - 30th March 2019 - Avoriaz, France
We all paid the deposit of £100 (this is for hotel transfers , ski pass , equipment) you book your flights separately.
Unfortunatelty I am unable to make it , so we called up and told them we would take it down to five. They said the deposit would be lost and the other 5 in the room will pay extra to cover the cost for the 6th person.
That's what I would assume what would happen and would understand this , being the whole idea of a deposit.
They then got in contact to say that I still need to pay a final balance fee.... costs of the ski hire, the transfer, and if I do no pay this late fees would be apply.
The others have paid their outstanding balance but as under stable don't want to pay the above as I will not be there
This was there response:
have explained the cancellation of an individual to you over the phone but I will also detail this in writing for you to view:
An individual wishing to cancel their place does not affect the total balance of your booking, it remains the same. The deposit they have put down is lost and their accommodation cost would be spread across the remaining people on the booking. As all extras are non-refundable, the cost of any added to the booking for the person who cannot attend would also remain on the booking and would be due as normal.
Your grievance has been discussed and whilst I understand that you feel that the extras should not be part of your balance in #### absence, the company terms & conditions have been agreed to upon the package being taken out. As they are legally binding, the remaining cost is due and you are liable to pay the sum.
I have the terms included for you to view:
snowboxx website terms'
The information in the previous correspondence will still stand. To avoid such late fees, please log in to the booking and finalise the payment of the outstanding amount ASAP.
As far as I stand I don't think they can charge, they are at no loss to the business - there t&c are so loosely determined regarding cancellation any help is appareicated
Thanks in advance
A group of 6 were planning on going to Snowboxx 23rd - 30th March 2019 - Avoriaz, France
We all paid the deposit of £100 (this is for hotel transfers , ski pass , equipment) you book your flights separately.
Unfortunatelty I am unable to make it , so we called up and told them we would take it down to five. They said the deposit would be lost and the other 5 in the room will pay extra to cover the cost for the 6th person.
That's what I would assume what would happen and would understand this , being the whole idea of a deposit.
They then got in contact to say that I still need to pay a final balance fee.... costs of the ski hire, the transfer, and if I do no pay this late fees would be apply.
The others have paid their outstanding balance but as under stable don't want to pay the above as I will not be there
This was there response:
have explained the cancellation of an individual to you over the phone but I will also detail this in writing for you to view:
An individual wishing to cancel their place does not affect the total balance of your booking, it remains the same. The deposit they have put down is lost and their accommodation cost would be spread across the remaining people on the booking. As all extras are non-refundable, the cost of any added to the booking for the person who cannot attend would also remain on the booking and would be due as normal.
Your grievance has been discussed and whilst I understand that you feel that the extras should not be part of your balance in #### absence, the company terms & conditions have been agreed to upon the package being taken out. As they are legally binding, the remaining cost is due and you are liable to pay the sum.
I have the terms included for you to view:
snowboxx website terms'
The information in the previous correspondence will still stand. To avoid such late fees, please log in to the booking and finalise the payment of the outstanding amount ASAP.
As far as I stand I don't think they can charge, they are at no loss to the business - there t&c are so loosely determined regarding cancellation any help is appareicated
Thanks in advance
0
Comments
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Ask them for details of any contracts they have already made on your behalf. I'm pretty certain they wouldn't have already pre-booked with their suppliers (ski hire etc.). Make it clear you will contest and they would need to supply such information if it came to an adversarial situation.0
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I've asked for this infomation, they have just resent me their T&C page..
And when I have re stated what I am asking for they have sent me this:
Upon booking, the lead person had accepted these terms. Within them, we have explained:
a) an individual cancelling doesn't impact the total balance
b) Extras are non-refundable
This is a legally binding contract between you and us0 -
Threatening to apply late charges if the outstanding charges are not paid - anyhelp would be appreciated0
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Is the reason for you being unable to make it something that would be covered by your travel insurance? If so, pay up and claim from your insurer. But if it's simply a change of mind you might just have to pay to avoid everyone else being charged extra, and then consider whether to take cour action to recover your money if yu think you have a strong case (which to be honest I'm not sure you do).0
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It is not as simple as arguing that the booking conditions are clear. If you booked after 1st July 2018 you are protected by the new Package Travel and Linked Travel Arrangement Regulations which are far clearer on what cancellation charges can be made. it states, in Regulation 12:
Where the traveller terminates the package travel contract under paragraph (2), the traveller may be required to pay an appropriate and justifiable termination fee to the organiser.
(4) The package travel contract may specify reasonable standard termination fees based on—
(a)the time of the termination of the contract before the start of the package; and
(b)the expected cost savings and income from alternative deployment of the travel services.
(5) In the absence of standardised termination fees, the amount of the termination fee must correspond to the price of the package minus the cost savings and income from alternative deployment of the travel services.
(6) The organiser must provide a justification for the amount of the termination fee if the traveller so requests.
The most important words are that the cancellation fees are justifiable, you are entitled to demand they prove the loss which for services not used such as ski hire, must be zero surely?
Regrettably, the rules don't apply to forward bookings for holidays after July if they were booked before July so if that is the case look to see if you have any effective insurance policy that might help.0 -
If it gets to the point that you have to pay then I would make it clear to themthat your friends will be utilising the spare seat for the transfer, collecting the spare ski's etc.0
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Make sure you get the ski pass. You might be able to sell it on0
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Did you book an apartment for 6 people? If so then the total price will stay the same whether 3 or 6 go. The site gives representative costs per person if all places used.
Your group are paying the company for a place to sleep 6, not 6 seperate places.0 -
unforeseen wrote: »Did you book an apartment for 6 people? If so then the total price will stay the same whether 3 or 6 go. The site gives representative costs per person if all places used.
Your group are paying the company for a place to sleep 6, not 6 seperate places.
I dont think its the accommodation charge that is being questioned, think it is the ski hire and extras0
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