Cancellation Charge Dispute - What Are My Rights?

lonesomeoldwind

I booked a boat/bike cycling holiday in Amsterdam for 1st August long before Covid-19 was on the horizon. The trip is going ahead but I due to concerns about the safety of staying on a boat in close quarters with other guests, I do not wish to go. 

I believed this would mean I just lose my deposit which was 15% of the holiday price (I have not yet paid the balance) but the company Dutch Bike Tours have said that 30% of the total balance is the cancellation rate for our trip.

Their website clearly states their cancellation charge is 15% but states that for some bike/boat tours it may vary depending on the trip. At no point were we informed that the rate was 30% for our trip. They are insisting we should have contacted them for this information. (On their webpage there is a Covid update and it does say there that you should email them for cancellation costs. However, at no point did this company contact us directly)

Can you please advise me what are my rights on this?

lonesomeoldwind

Many thanks in advance for any assistance you may be able to offer

macman

Your 'rights' here are that you are breaking the terms of whatever contract you agreed, since the holiday is going ahead.  DBT can in theory sue you for the full cancellation fee, but in reality they will probably just retain your 15%. We can't see your contract, so we have no idea what the contracted fee was.

[Deleted User]

I think if on the contract it says the 'cancellation charges may vary' then I guess it is up to the individual to check what the cancellation costs would be for their particular trip?     As your holiday is going ahead and you are choosing not to go (your choice at this stage anyway) then if they say it is 30%, well, that is what it is?     However, as previous has said if you don't pay it then they will actively have to pursue you for the extra 15% and as the conditions weren't laid out clearly I am not sure they would win t.b.h.so they may not bother. (its up to you to decide to take the chance though)

How many of you does this involve?  Are the others still going?

lonesomeoldwind

Tedber said:

I think if on the contract it says the 'cancellation charges may vary' then I guess it is up to the individual to check what the cancellation costs would be for their particular trip?     As your holiday is going ahead and you are choosing not to go (your choice at this stage anyway) then if they say it is 30%, well, that is what it is?     However, as previous has said if you don't pay it then they will actively have to pursue you for the extra 15% and as the conditions weren't laid out clearly I am not sure they would win t.b.h.so they may not bother. (its up to you to decide to take the chance though)

How many of you does this involve?  Are the others still going?

Thanks for your replies.
Myself and two family members - all decided not to go so the total due in cancellation charges is around £500.
We had enquired about deferring/rebooking the holiday until next year but were advised this was not an option. Flights were booked separately (via EasyJet) so if those were to be cancelled I'd at least be able to recuperate costs through my insurer but that seems less likely with easing of restrictions etc.

macman

If EJ cancel the flights then you apply to them for a refund, not your insurer. 

Mrsn

It does seem clear from the website description that you would need to cancel them to speak about cancellation charges.

As others have said it’s their choice whether they wish to pursue you for the remaining 15%. Part of me suspects that in the future firms may start doing this to be able to recoup some money “lost” during the pandemic.