Cottage booking

applecrumble2011

I’ve booked a holiday cottage direct with an owner, paid by bank transfer. It’s for a group of friends, we may not be able to go because of being locked down. The owners have said if it’s still locked down they can’t change our date or offer a refund and I would have to claim through my insurance. They have no T&Cs so-cant check. Can they do this? Shouldn’t they be refunding and claiming through their insurance?

Moe_The_Bartender

I have a similar situation (two in fact on consecutive weekends in June) for cottages accommodating ten people. I have paid deposits on these two cottages but not the final payments which amount to around £2000, so not chickenfeed. Both owners have offered to transfer my booking to alternative dates before March 2021, none of these dates being convenient for me. I have copies of the T&Cs for both places and am obliged to make payment of the balance due some time in April.

The terms place an onus on the owners to make the premises available and this is where it gets interesting. I cannot legally travel to them at the moment and hotels, B&Bs and similar have been obliged to close down but I have not seen any reference to rental cottages being required to close.
I would be inclined to argue that if I cannot travel to the premises, they are not available to me and therefore my booking is null and void. Whether this would hold water, I do not know.

This may not help you but if the owner is suggesting that you claim on your insurance, I would answer by suggesting that he claims on his. At the moment, you seem merely disinclined to travel in which case the owner would seem to have no obligation to return your money.

I would be interested to hear others' thoughts on the matter.

cornwallholiday

Have you seen the latest gov guidance on this “closing certain businesses and venues”? This includes “holiday rentals” as businesses which must close so presumably includes holiday cottages? (Sorry - I cant copy link)

Moe_The_Bartender

Thanks. Here it is:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/876905/300320_Revised_Guidance.pdf