Money being retained under "Non Refundable Deposit"

funkyshaney

Looking for some guidance for myself and family. Briefly, we have signed up for a sporting trip to Portugal for my son, it is run and organised by a group (small company). I have been before and they are very good, no complaints on that front.
The problem I have is that there is the real risk that the event will be cancelled due to events affecting the world (Corvid -19) I have received an email saying that in the event of the trip being cancelled due to government guidelines they will give full refund minus a charge of £120 per person per night, (for my family this is £360). The charge is referred to as a "Non Refundable Deposit".
The cost of the trip is £380 per head (total £1140), plus our flights that we booked separately (a further £869). 
The concerns I have are:-
1). I did not sign up or agree either in writing or verbally to a "non refundable deposit" term or condition
2). £360 is nearly 30% of the cost of the holiday?...this seems very high?
3). We have not breached our contract, if the event is cancelled due to something outside of our control or influence can we be held liable for any costs?
4). How do I best approach this without rocking the boat too much as it is an organisation that has control of my son's sport / training, I don't want them penalising him if I contest with them this issue.
All and any guidance advise gratefully received.
Thank you

davidmcn

What did the original contract say about cancellation by the operator?

DoaM

And I assume you have holiday insurance? (You do, don't you? Please say that you do .........)

funkyshaney

There was no contract, nothing was signed. yes I have insurance.
I have also found out that the hotel booking was not arranged via his business but arranged by the guy personally?

hollydays

funkyshaney said:

There was no contract, nothing was signed. yes I have insurance.
I have also found out that the hotel booking was not arranged via his business but arranged by the guy personally?

What do you mean exactly?

born_again

funkyshaney said:

There was no contract, nothing was signed. yes I have insurance.
I have also found out that the hotel booking was not arranged via his business but arranged by the guy personally?

There must be a contract. 
How was it booked & paid for?

Undervalued

funkyshaney said:

There was no contract, nothing was signed. yes I have insurance.
I have also found out that the hotel booking was not arranged via his business but arranged by the guy personally?

In English law, very few types of contract have to be signed or even in writing to be valid and enforceable.

Obviously it is easier to prove what was agreed if it was in writing but there is still a contract. You and the operator agreed terms which you confirmed by paying a deposit. 

Ultimately, if you dispute what was agreed and can't reach a settlement, they can sue you for the money. It will then be up to a judge to decide, on the balance of probabilities, who he believes.

unholyangel

If they cancel then they should be giving you a full refund. Even if its circumstances beyond their control, they can't retain sums for services not actually provided, hence why they should be giving a full refund. But it being outside their control could mean they wouldn't be liable for additional losses.

zagfles

Did you pay by credit card? If so you should be able to claim via them if the travel company don't provide the service you pay for.