Booking a stay at holiday cottage in Wales.

HendyGwyn

How safe is a “fully refundable deposit” for booking a holiday cottage in Wales for a group? There are now offers to take bookings for holiday cottages in Wales for periods within which no ‘easing of lockdown’ has been announced. This would be a new contract is entered into while the ‘pandemic lockdown’ is still in force.  

I forsee, a problem if ‘variations’ in the lockdown occur on what ‘fully refundable’ actually means. Obligations can change between the deposit date and the service provided date.

If one or more of the guests of a multiple booking cannot enjoy the service being offered due to an individuals being a resident of the nations or regions of the United Kingdom and having different or a new of modified lockdown restriction, or any new or changed obligations such as a ‘shielding’ order. 

This is different from just being allowed to drive to the cottage.

It appears that the ‘fully refundable deposit’ boast is merely a commercial expression of the goodwill of the provider. It does not change consumer law. There would be difficulty if the provider refuses to refund on a changed situation. 

It is also a criminal offence to provide an ‘invitation to treat’ if delivery of that product or service is illegal. For example, it would be a criminal offence someone to offer Martin Lewis, and take money for, few ounces of marijuana on the basis that it may be legal to complete the transaction at some point in the future. 

Is taking a deposit for dates that are currently in lockdown legal?

Is it enforceable?

Sooler

If any doubt, don't do it. Avoids all the bother.

J_B

Presumably, there are T&C's - is it in there somewhere?

43722

Sooler's advice above is good. Anyway, it will likely be raining in Wales.

HendyGwyn

The normal deposit to secure any of their cottages is 30% but during lockdown have a special offer for only 5%. Then, if and when, lockdown is lifted by the proposed date of occupation you pay the remaining 25% deposit, or, if the elapsed time between lockdown and the booking is less than 12 weeks you pay the full amount.

Addendum to Ts&Cs say 

“We are adding a specific additional clause to our offer emails which will form the basis of the contract between us and any guests who decide to book during lockdown. Our intention is that a 5% deposit will secure available dates during lockdown and we are receiving bookings secured in this way. You have raised an interesting point as the restrictions are currently being eased at a different pace in the home nations. I can confirm that the 5% deposit will be refunded in full, without further questions, if any prospective guests from the UK are prevented from staying at ******* or travelling to Wales, due to any lockdown restrictions. Similarly, if any conditions are placed on us (maximum group size, mandatory time gap between bookings etc), we will offer guests the opportunity of an immediate 5% refund. Once the lockdown is over, our normal payment terms will apply, balance of 25% deposit payable at that point and the balance payable 12 weeks prior to arrival.”

Sounds to me they are desperate and trying to secure some cash, even just 5% of it, in order to fix their current cash flow problem while lockdown persists. If they went belly-up it might be worth suing for the 30% to be returned, but probably not 5%. 

An offer dressed up to be a bargain, the real intention to cover their backsides and might involve remaining inside the territory of ‘coronavirus government cashflow loan’. Just banking small amounts during lockdown. After thinking it through, if it’s legal for them to accept 5% they could just as easily accept their normal 30% to a secured booking.  Sounds a bit dodgy and the unsuspecting might fall for it.

Sooler is right!!

Buyer beware.