Holiday Cottage in UK - is it legal for agents to keep monies not belonging to them

[Deleted User]

I can't see the answer to this anywhere.  Can anybody tell me IF booking agents are legally entitled to keep monies sent to them for holidays in the near future, that can no longer go ahead?   I booked a cottage in January this year for mid May, obviously cannot go now (nobody's fault)  Not sure if I can name the online company here but it is quite well known.   They have sent generic emails stating that no refunds will be available but a voucher will be emailed to re-book. (I haven't yet received mine)  This voucher will only be valid for 12 months from date of issue. After that what happens?  The money is 'lost'?   They are not answering the phone or emails (have been in touch with others via another forum).    My query is the company state on their t's and c's that they are not responsible for the cottages and that the contract is between the owners and the holidaymaker.  However, the owners of the cottages are not receiving any money and some have even said (on the forum) they would happily refund if they had it in first place.   So why are the 'agents' calling all the shots?     

It seems to me that there are different rules to holidays abroad and those in UK but why?   Like many others I am not in a position to book anything for 2021 just now as am unaware what dates I can manage.  Many people cannot re-book for various reasons.  They picked a time that suited them and their situation THIS year.   In addition to this the cottages site are stating that the vouchers cannot be used for another cottage or another area and it may incur an increase of prices (as their listings for 2021 have increased in price).  Even some that found they wanted to accept the voucher found that the dates they had booked this year were unavailable next year.    All of this sounds like the only people who are going to benefit from this pandemic are the 'agents'.   They refuse to budge or discuss. 

For information, I booked in January and the site changed its t's and c's in February.  Unfortunately I didn't run off the t's and c's but have learned this from others.  I took out their insurance but the insurance doesn't cover pandemics.  I paid by credit card but not sure if they can help in this instance either.

Any help or advice would be much appreciated

sassy_one

Hoseasons I am guessing and yes they can be named.

I have approached them for comment days ago following hearing various people complaining they are refusing a refund.

If you paid by card, commence chargeback proceedings as per the usual guidelines.

[Deleted User]

Thanks Sassy.  Not Hoseasons - it is Cottages dot com - but since writing I have looked at some of the Hoseasons threads and I am thinking they are closely connected in some way?   Thank you for your response anyway.   I will go and read the rest now.

sassy_one

It's my understanding that Cottages com are part of the Hoseasons group.
They trade under numerous names, that being on of them.

I haven't had a response from them in a few messages to them online regards refunds.
My best advice is if they fail to give you your money back threaten chargeback, if they continue to refuse, contact the bank and start a chargeback- chances are high you'll win the claim.

Bourne Leisure tried initially refusing refunds but once they started seeing how much noise customers made they gave a choice of a transfer to another date or full refund.

marlot

I'm in a similar boat, also with cottages.com.
My uncle owns a couple of cottages, and they're not paying him - they just seem to be hanging on to everyone's money as much as they can.
I paid the £20 low deposit, and the rest of the payment is due in a day or two.  It really pains me to honour my side of the contract and pay the rest, knowing that cottages.com are unlikely to refund if they cannot honour their side of the contract.
I can't see a legal way out.  Tempted to not pay and let them sue me.

couriervanman

marlot said:

I'm in a similar boat, also with cottages.com.
My uncle owns a couple of cottages, and they're not paying him - they just seem to be hanging on to everyone's money as much as they can.
I paid the £20 low deposit, and the rest of the payment is due in a day or two.  It really pains me to honour my side of the contract and pay the rest, knowing that cottages.com are unlikely to refund if they cannot honour their side of the contract.
I can't see a legal way out.  Tempted to not pay and let them sue me.

If all you've paid is £20 for a holiday in near future ie May which will clearly be cancelled......i wouldn't pay the balance

SamDexter

Very interesting post. I too am struggling with similar situation. In February, we booked a  short break with a well known UK holiday cottage company, starting 28th March for 3 nights, paid in full at time of booking via credit card. The government advice on UK lockdown came in prior to our travel date and prior to that, the company was not issuing anything specific to travellers, claiming they were overwhelmed, were dealing with people in date order and to keep checking their website.
On 22nd March, we finally received an email from the company where they offered customers the opportunity to defer their bookings, no refunds being offered. Their T&Cs were updated, meaning that bookings could be transferred at nil additional booking fee and any accommodation costs increases would be payable by the customer. We decided to support the business and the property owner during this difficult time and requested the same cottage but postponed for 12 months, so that we were still out of season and our expectation that the accommodation costs would be similar (i.e. inflationary increase only?) . Our request was confirmed but the accommodation price has now increased by a whopping 78% and an additional booking fee has also been applied.  These increases are not reasonable and justifiable.
Their phone lines are not working and I have emailed a complaint saying the cost increases are totally unreasonable and  therefore I am now seeking a full refund. To date, I have only had a holding response that they are extremely busy.  What rights do I have as I feel the company is holding customers to ransom and is it simply a waiting game? Do I need to approach my credit card provider and/or my bank insurance? 
help please! 

Aylesbury_Duck

couriervanman said:

marlot said:

I'm in a similar boat, also with cottages.com.
My uncle owns a couple of cottages, and they're not paying him - they just seem to be hanging on to everyone's money as much as they can.
I paid the £20 low deposit, and the rest of the payment is due in a day or two.  It really pains me to honour my side of the contract and pay the rest, knowing that cottages.com are unlikely to refund if they cannot honour their side of the contract.
I can't see a legal way out.  Tempted to not pay and let them sue me.

If all you've paid is £20 for a holiday in near future ie May which will clearly be cancelled......i wouldn't pay the balance

That's risky, and only an advisable course of action if OP is prepared to defend the company's attempts to recover the money they're owed.

[Deleted User]

SamDexter, that is EXACTLY what I have heard.  That even those who are willing and able to rebook for 2021 are finding it impossible because they are either being told their choice of property is not available for next year for the dates or the prices have been hiked up so much that they are unwilling to pay because let's face it, at the moment nobody even knows when business will resume as normal do they?  Surely this can not be legal?  Even if they transferred the money (minus their cut) to the owners at least the owners would then be able to decide for themselves to refund?   Many seem to be in favour of this but they are not actually getting any money either (as Marlot says)   Disgraceful!

couriervanman

Aylesbury_Duck said:

couriervanman said:

marlot said:

I'm in a similar boat, also with cottages.com.
My uncle owns a couple of cottages, and they're not paying him - they just seem to be hanging on to everyone's money as much as they can.
I paid the £20 low deposit, and the rest of the payment is due in a day or two.  It really pains me to honour my side of the contract and pay the rest, knowing that cottages.com are unlikely to refund if they cannot honour their side of the contract.
I can't see a legal way out.  Tempted to not pay and let them sue me.

If all you've paid is £20 for a holiday in near future ie May which will clearly be cancelled......i wouldn't pay the balance

That's risky, and only an advisable course of action if OP is prepared to defend the company's attempts to recover the money they're owed.

Recover money for what.........a holiday that has been cancelled and "Do not travel warning by the gov/foc".....i'd love to see them try

All these travel companies/airlines are taking the p..s in the case of easyjet it took 90 mins on hold but i got a full refund on flights as i have no desire to be held to ransom using a refund voucher within 12 months.Exactly the same with travel companies vouchers are useless and as previous post prices will be ramped up if they haven't gone bust in which case bye bye voucher
I fully expect i will have to go through it again in July when flights to Faro are cancelled as well as 1 weeks hotel & 1 week apartment

Aylesbury_Duck

couriervanman said:

Aylesbury_Duck said:

couriervanman said:

marlot said:

I'm in a similar boat, also with cottages.com.
My uncle owns a couple of cottages, and they're not paying him - they just seem to be hanging on to everyone's money as much as they can.
I paid the £20 low deposit, and the rest of the payment is due in a day or two.  It really pains me to honour my side of the contract and pay the rest, knowing that cottages.com are unlikely to refund if they cannot honour their side of the contract.
I can't see a legal way out.  Tempted to not pay and let them sue me.

If all you've paid is £20 for a holiday in near future ie May which will clearly be cancelled......i wouldn't pay the balance

That's risky, and only an advisable course of action if OP is prepared to defend the company's attempts to recover the money they're owed.

Recover money for what.........a holiday that has been cancelled and "Do not travel warning by the gov/foc".....i'd love to see them try

I bet you would, but it's not your money at risk.  It's not a good idea to advise someone to renege on their contractual commitment to pay the remainder of their deposit.  Unless you're happy to underwrite any costs they incur if it is challenged successfully?