Non refundable booking cancelled by hotel. Can I get a refund?

Aylesbury_Duck

catchpoler said:

Someone mentioned getting travel insurance to pay but in our case our excess exceeds deposit paid for stay planned with relative no longer able to travel here from USA.  No refund of deposit offered.  I can't afford to throw money away.  We are all in difficulty.  I just want to apply what is right in the law but can't find relevant part that covers consumer rights in this situation. Can anyone point in the right direction ?

Aylesbury_Duck said:

Consumer Rights Act 2015.

catchpoler

I have read someone else saying that if a Hotel isn't open and in effect cancels a customer's  stay then the customer should claim on their own personal travel insurance (excess permitting).  But isn't that to cover against the customer cancelling.  The Hotel would have it's own insurance to cover against it needing to cancel customers' stays.  It's their insurance that should be being called upon. 

catchpoler

Does anyone know anything about the Consumer Rights Act 2015 and which clause(s) address hotels cancelling because of 
closures and not refunding..

NursingAnna

Citizens Advice have been helpful. You can online chat with them at Consumer Direct.

They seem to think I have a valid claim to get a refund (only a judge can decide if it goes that far).

Basically they cancelled on a contract due to events that neither party could have foreseen. Said I should put my claim in writing giving the a reasonable time to refund (14 days).

43722

Well Done to you . Companies need to be challenged on this issue.

NursingAnna

I'd like to close this thread by saying that the Hotel has committed to giving me a full refund. I used their On-Line form to email them a letter based on the information I got from my Consumer Direct chat and within minutes they said;

"No problem at all I am sorry you are unable to relocate your booking and I will arrange a refund for you within 14 days on your card you supplied for the original booking."

I have still posted a written version just in case.

The contents of the email is listed below. Anyone else having an issue with a similar cancellation or withdraw of service from a vendor mat find it useful.

Hi,
We have a booking, which you have had to cancel due to the Covid-19 pandemic;

Reference: XXXXXX
Booking date: XXXXX
Standard Room

You have suggested we rebook and still take advantage of the deal and rates we had but after consideration I would like a refund. I have sympathy with you during this difficult time but this was booked as a birthday treat and we may be unable to find another suitable time or occasion in the near future for a visit.

I understand your reluctance to refund to the point that you have said "no refund will be possible", but I believe you are not in a legal position under current consumer rights legislation to refuse.

I have contacted Consumer Direct to have my rights clarified;

You are in Breach of contract under common law, Subsection: frustration of contract (circumstance could not be seen by both parties).

You are in breach of your contract with me, what this means is that once a contract has been formed, the parties have a legal obligation to carry out the promise that they have made to each other. This could be as per any contractual agreement, pre-contractual discussions, or terms and conditions which have been agreed. I do not believe I have agreed to any terms or conditions that negate your commitment to fulfil our contract in full and as such I formally request a refund.

As there has been a breach of agreement, giving you grounds to repudiate (cancel) the contract, under common law. In this case, I should expect to receive a refund within 14 days, by the means or method for which I paid for the service, (Bankers Debit Card).

I hope you can resolve this to my satisfaction, and I do hope we will be able to visit in the future and at a time of our occasion and choosing.

I will also send this formally in writing but would be grateful if you could expediate the matter using this email alone. If you require any further information to conclude this please email me details by return.

Brisbaneroad

Thanks for posting this. We are in a similar situation, hotel insist they will be open (in less than 2 weeks time!) and have been giving vouchers to anyone whose booking they had to cancel. Our booking is for a wedding that may not now take place in the form planned, so we really want a refund. Will try ringing the hotel again when they finally admit they won't be open, but your letter may well come in useful.

Brisbaneroad

Hotel now admits they will not be open next weekend and sent a voucher for rebooking before the end of the year. Not much use as the wedding we were going to will now be next May. An informal email requesting a refund elicited no response, so I have sent another based on yours above. Will send a paper version too and see how this gets on...