Refund of deposit retrospectively

rpb424

I posted something similar in the Jet2 refund thread recently, but thought I'd put something here as well to maybe reach a wider audience. I can't find much specific info about the scenario.

We've recently cancelled our holiday in August and fully accept that we won't get our £240 deposit refunded as things stand, as the holiday is still officially 'going ahead' until such time as Jet2 decide on any extension to their current blanket cancellation date (16 June I think). Should it become the case that our holiday would have got cancelled anyway as part of further extensions, then would we have a case for a refund of the deposit, either from Jet2 or else from the credit card provider or via our travel insurance?

Please no responses along the lines of 'Why didn't you wait for them to cancel it themselves?'. We decided that even if it could happen then we didn't want to be 'hostage' to the circumstances under which it might have to happen e.g. social distancing, travel disruption, not everything open at the destination etc. We preferred to cancel now and try and go next year rather risk a 'shell' of a holiday this year. 

If we could have gone (regardless of circumstances) then I have no problem regarding the loss of deposit (it was our choice to cancel), but if Jet2 would have ended up cancelling it anyway then it seems somewhat unfair that they would get to keep the deposit for something that could not now happen through no fault of our own.

Browntoa

You choose to cancel , you abide by their terms and conditions .

If you hadn't cancelled you could have rebooked easily for next year by using the voucher or claimed your cash back

Aylesbury_Duck

No, you have now ended your contract so they have no contractual relationship with you and no obligation to refund you your deposit.  Your credit card or insurance won't entertain a claim for the same reason.

Sorry, I can't agree that it's somewhat unfair.  You took the decision that was right for yourselves with the full understanding of the pros and cons.  You didn't want to be hostage to their terms (which is fair enough) so you effectively bought yourself out of the contract.

rpb424

I have no problem in agreeing that I'm buying myself out of the contract, but on the assumption that the product/service being offered in that contract actually comes to pass. If it doesn't then that's where I have the issue.

Life__Goes__On

rpb424 said:

I posted something similar in the Jet2 refund thread recently, but thought I'd put something here as well to maybe reach a wider audience. I can't find much specific info about the scenario.

We've recently cancelled our holiday in August and fully accept that we won't get our £240 deposit refunded as things stand, as the holiday is still officially 'going ahead' until such time as Jet2 decide on any extension to their current blanket cancellation date (16 June I think). Should it become the case that our holiday would have got cancelled anyway as part of further extensions, then would we have a case for a refund of the deposit, either from Jet2 or else from the credit card provider or via our travel insurance?

Please no responses along the lines of 'Why didn't you wait for them to cancel it themselves?'. We decided that even if it could happen then we didn't want to be 'hostage' to the circumstances under which it might have to happen e.g. social distancing, travel disruption, not everything open at the destination etc. We preferred to cancel now and try and go next year rather risk a 'shell' of a holiday this year. 

If we could have gone (regardless of circumstances) then I have no problem regarding the loss of deposit (it was our choice to cancel), but if Jet2 would have ended up cancelling it anyway then it seems somewhat unfair that they would get to keep the deposit for something that could not now happen through no fault of our own.

You have a chance of getting some of it back but might be a battle
Normally you pay a penalty for a breach of contract that can mean a loss of deposit.
But the breach must involve a financial loss.
If the holiday you booked doesn't go ahead there is no loss to them, in fact they would make a profit from a holiday that never was, then I believe would be unfair,so most of the money would need to be refunded apart from admin fees.

Which! also agrees https://www.which.co.uk/consumer-rights/advice/can-i-claim-back-a-non-refundable-deposit
For example, if you booked a holiday which then sells out and the company finds another customer to take your place it’s likely the only amount it can legitimately withhold from your deposit will be administrative costs.
 
As above example there is no place to fill as there would be no holiday

Many people don't understand the area of law where deposits are concerned and say they are always lost, this in fact is not the case.

Aylesbury_Duck

^^  agree with the above but you would have to put some work in and they could counter with a demonstration of their costs.  I suspect they wouldn't find it hard to demonstrate that what is a relatively small sum has been spent already (on administration, mainly).  I wouldn't think £240 is an unreasonable amount for them to retain.

rpb424

Has MSE (or anybody else) written anything specific around this about holidays this year? Can't imagine this is a scenario completely unique to me.

Life__Goes__On

I can't find any cases of it going to court (hopefully someone could direct me to one)
I'm surprised by thing as I believe someone would have chased it up though  the small claims court.
That makes me think (I could be wrong) that travel companies don't want it to get that far. as if they keep losing, they will end up with  floods of refunds.
As OP paid with credit card and the issue is about a breach, then S75 would be a free way to go about it.
I have little doubt that it will take a long long while until an Ombudsman ruling (if it goes that far),  but OP only has time to lose.

rpb424

My first action would probably be an S75 claim, as nothing to lose, but will need to wait in any case to see if it becomes 'the holiday that never was'

Labsuper

There is no contract. It no longer exists.The OP cancelled it.

Browntoa

How would a section 75 succeed ?

Jet 2 in defence. " Customer cancelled holiday , here is proof " 

Claim refused