Holiday Deposit.

McClane54

Hello everyone,

Me and my family are due to go on a family holiday to a cottage in West Wales 6th June. We have paid a £450 deposit. Is there any chance getting that back? the full balance is due on 1st june.

sharpe106

who did you book with?

Galloglass

Ask the supplier if the holiday will go ahead i.e get them to confirm that they will comply with their part of the bargain. 
If you fail to pay on 1st it could be argued that you failed to comply with your part, so get them to clarify they will do the same. If they say yes and don't you can sue for your money back.

McClane54

Just a person who has a holiday home. the Balance would be around £1400

Reply from owner

1st Email

Thank you for your email.

 In answer to your question about whether you're able to come, I have no idea. We are due another announcement at the end of the month and nobody knows what the situation will be. I am happy to move your payment due date to 1st June so that you can review nearer to the time if that suits you?

 If you are unable to come, we are happy for you to choose alternative dates in 2020 subject to availability. We have successfully managed to move every booking affected so far. 

 The local tourism industry is going to receive a knock-on effect from this and moving forward, we are doing everything we can in order to ensure we can supply holidays at ***** for years to come. Please can you let me know how you wish to proceed? Please be assured that we are offering the best options we can to our guests at this stage.  

Second email

Thanks for your reply.

 Our only option as a business at the moment is to offer you alternative dates in 2020. Christmas is available - the price for that week is £*****. Please let me know how you wish to proceed. We are happy to wait to see if any changes are made in the next announcement at the end of this month (June 1st), although unlikely.

 

Kind regards

[Deleted User]

They are trying to push you in to rebooking but if they can't offer you the accommodation they must refund. The problem is you have to wait for them to cancel and they won't want to do it until the very last minute.

You could say to them that you don't want to pay the balance until they can confirm one way or another if you can definitely stay on the booked dates. Tell them you need them to be absolutely certain (baring acts of dog). Even if the government says one thing remember that Wales is devolved power and has different rules.

McClane54

Thank you for the reply. We are waiting for june 1st to see what the government says. We don’t don’t want to go, it’s too soon and my elderly parents are vulnerable. If the government says we can’t holiday, I take it we get a full refund. ? 

Galloglass

If the government says we can’t holiday, I take it we get a full refund. ? 

What is happening at the moment is contracts are being "frustrated" - broken due to a unexpected failure by one of the party.

If you cannot travel on government advice but the property is available, then you are breaking the contract and you should use your travel insurance to pay. If the property is still on lockdown and the holiday cannot be supplied, then they are breaking the contract, and they should use their business interruption insurance to refund you.

It depends on the facts of each case.

[Deleted User]

One problem here is that the Welsh government may take a bit longer to issue its advice.

The current advice from the Welsh government for holiday properties is here: https://gov.wales/guidance-note-local-authorities-holiday-accommodation-and-health-protection-coronavirus

At the moment it says they should remain shut. Unless that changes then they are in breech of contract as they can't operate their rental property without breaking the regulations. In that case you get a full refund.

McClane54

Thank you Mojo.

McClane54

So there has been no change in the goverment rules. should get a refund then