LHH Scotland cottage booking refund

[Deleted User]

Val...this is just my personal feelings, but I would do nothing just now.   LHH seem to be being ambiguous and maybe hope people will just cancel?   IF, the situation remains the same (FCO advise etc)  then LHH will have a duty to refund people or offer a rebook.    I have not got a holiday booked with them but have looked and they clearly state in the terms and conditions that insurance needs to be in place for a cancellation no matter when, whereas other booking agents allow cancellations on an (increasing) scale. They tell everyone to take out insurance cover,  So if  you cancelled even six months before, then you would need to go to your insurance company.   This doesn't however, excuse them for cancellations by themselves.   They are obliged to refund if they cancel it themselves.   They may argue it isn't their fault, but neither is it yours so once the date has been and gone and situation still the same, if they positively refuse to refund you then (hopefully) you have paid by card?   Go and instigate a chargeback stating the fact you didn't receive the goods i.e. the holiday.  Or a section 75 even if you paid by credit card but a chargeback would be my first try.

Quite honestly reading the t's and c's of LHH, I would never book a holiday with them now.  

whinlatterdrive

LHH took  our deposit of £582.00 in February for 2 weeks in Outer Hebrides in June and had no problems taking the balance of £1128.00 mid March. We received a letter from on 1st April  stating "We confirm that no refund or reschedule is applicable".  No apologies.  After many emails to them expressing my dissatisfaction, they offered quite some time later to reschedule our booking.  They also stated if we took up this offer, their normal Terms and Conditions would not apply i.e. if we had to cancel for whatever reason or if there were still travel restrictions in place we would not be covered.  In other words, we wont get our money refunded regardless.  I was told if you do not take up our offer within 7 days the offer doesn't stand.  I think the more folks who go online to CMA (Consumer marketing authority) and fill in the online form of what their complaint then the more likely LHH will be challenged by CMA re their business ethics.

val_mac

Tedber said:

Val...this is just my personal feelings, but I would do nothing just now.   LHH seem to be being ambiguous and maybe hope people will just cancel?   IF, the situation remains the same (FCO advise etc)  then LHH will have a duty to refund people or offer a rebook.    I have not got a holiday booked with them but have looked and they clearly state in the terms and conditions that insurance needs to be in place for a cancellation no matter when, whereas other booking agents allow cancellations on an (increasing) scale. They tell everyone to take out insurance cover,  So if  you cancelled even six months before, then you would need to go to your insurance company.   This doesn't however, excuse them for cancellations by themselves.   They are obliged to refund if they cancel it themselves.   They may argue it isn't their fault, but neither is it yours so once the date has been and gone and situation still the same, if they positively refuse to refund you then (hopefully) you have paid by card?   Go and instigate a chargeback stating the fact you didn't receive the goods i.e. the holiday.  Or a section 75 even if you paid by credit card but a chargeback would be my first try.

Quite honestly reading the t's and c's of LHH, I would never book a holiday with them now.  

Thanks so much for your advice Tedbar! Yeah, LHH seem to be ignoring the fact that they have cancelled, and not us, albeit they had no option! I'll maybe sit tight then and wait for the time of our holiday to pass before I do anything else! That suits me at the moment as I'm not sure I have the energy for a battle but hopefully they'll have a rethink in the meantime or if not, I'll have time to build myself up! We did pay by debit card thankfully! It's been really useful to get your insight, especially about the T&Cs so thank you! 

[Deleted User]

whinlatterdrive said:

LHH took  our deposit of £582.00 in February for 2 weeks in Outer Hebrides in June and had no problems taking the balance of £1128.00 mid March. We received a letter from on 1st April  stating "We confirm that no refund or reschedule is applicable".  No apologies.  After many emails to them expressing my dissatisfaction, they offered quite some time later to reschedule our booking.  They also stated if we took up this offer, their normal Terms and Conditions would not apply i.e. if we had to cancel for whatever reason or if there were still travel restrictions in place we would not be covered.  In other words, we wont get our money refunded regardless.  I was told if you do not take up our offer within 7 days the offer doesn't stand.  I think the more folks who go online to CMA (Consumer marketing authority) and fill in the online form of what their complaint then the more likely LHH will be challenged by CMA re their business ethics.

Did they cancel your holiday on 1st April?    Or did you ask them to reschedule on that date?  Outrageous if it was an unsolicited email.  They tell you in April, not knowing what was going to happen in July that no refund or reschedule is possible?   

IF your holiday is cancelled by them, then you are due a refund.  You can choose whether to rebook or not.    As your holiday was due this month then it would have to have been cancelled by LHH.    Did you pay by card?   You can ask your bank to instigate a chargeback.    Unfortunately, if you have accepted a rebook then there isn't a lot you can do.  Hopefully that will go ahead as planned.

QueenLizzie

I also have reported them to the CMA.  Perhaps a Facebook page should be set up to compare notes.  They even cc-ed their lawyer in one of their emails to me and I was only after the remaining £75!  It must have cost them more than that for him to read the email!

whinlatterdrive said:

I paid in full £1710 for  a holiday with LHH  6 - 20 June in Outer Hebrides.  Due to Covid -19 the holiday cottage was not available for us. We have had the indignity of having to pay also for "end of holiday cleaning, wear & tear n use of utilities".  LHH refuse to refund any of our money and keep referring us to their Terms & Conditions.  I think this is certainly immoral if not illegal also. I have reported this matter  to CMA. 

whinlatterdrive

I agree.  A Facebook page would be a good idea - I support you there.  I don't think it matters how much you are owed, their business ethics are immoral and they should not be allowed to get off with it!  They have your money, my money and also have a financial package from the government to cover loss of business.  Surely they cant benefit from both - or can they?  That is greedy and illegal.

isplumm

whinlatterdrive said:

I agree.  A Facebook page would be a good idea - I support you there.  I don't think it matters how much you are owed, their business ethics are immoral and they should not be allowed to get off with it!  They have your money, my money and also have a financial package from the government to cover loss of business.  Surely they cant benefit from both - or can they?  That is greedy and illegal.

I would suggest that this might end up in the small claims court - as long as they cancelled & not you!

whinlatterdrive

Thankyou.  Well LHH go to great pains to state   "we have not cancelled your booking, rather we are faced with an event outside our control where the government has imposed a lockdown and a prohibition on all non essential travel".   I repeatedly tell them I have not cancelled my holiday either!   I am hoping this does not have to go to the small claims court, as I feel confident that CMA will prosecute if LHH do not refund monies owed.  Obviously the more people (who have been let down by LHH) who fill in the simple online form on CMA website the better
Regards
Whin

Life__Goes__On

whinlatterdrive said:

Thankyou.  Well LHH go to great pains to state   "we have not cancelled your booking, rather we are faced with an event outside our control where the government has imposed a lockdown and a prohibition on all non essential travel".   I repeatedly tell them I have not cancelled my holiday either!   I am hoping this does not have to go to the small claims court, as I feel confident that CMA will prosecute if LHH do not refund monies owed.  Obviously the more people (who have been let down by LHH) who fill in the simple online form on CMA website the better
Regards
Whin

I think the play on words is overstated if they say they cancelled or not.

The contract is a fee  is paid and a person can stay for the number of nights paid for.
If a customer pays, then that part of the contract is fulfilled, is the accommodation isn't available then that's where the breach is.

They are in breach of the contract, what words they might uses doesn't change that.

whinlatterdrive

I totally agree.  They are in breach of contract without a doubt, but we are still £1710 out of pocket regardless.  They must be a pretty brazen company and one without morals to be so stubborn.  I'm confident they will have to give way sooner or later once they are challenged by the government body CMA.  Maybe then, they will take time to reflect on how they handled claims/refunds during these unprecedented times.  Thanks for your input - it is encouraging
Regards
Whin