Sykes cottages

dufour27

Looking for advice. I had to cancel my booking to Wales with my partner and family in August with Sykes holiday due to me being in the vulnerable group and to nervous to go away. I tried to contact Sykes but they didn't reply to my emails and couldn't get through on the phone.

My question is since my cancellation they have re-let the property, so would I be entitled to a refund of my deposit? I didn't tale out any insurance, but did pay by credit card.

Look forward to your expert help.

macman

No, because you broke the contract. They can charge you whatever is specified in the contract for late cancellation, which could be the full deposit or greater. The fact that they were able to re-let it is not relevant.
Your insurance is unlikely to pay out unless you have medical evidence of inability to travel. Nor do you have any grounds for a chargeback or S75 claim.
It might have been better to wait until nearer the time, to see if the accom was cancelled.

dufour27

OK thanks for that information. I couldn't wait to see if it they cancelled, as I only had 4 days in which to make my decision to cancel. So on that note I will just have to take the hit.

Just one thing if I couldn't get in touch with Sykes either via the phone and email, have they not also broken their contract? Just a thought.

macman said:

No, because you broke the contract. They can charge you whatever is specified in the contract for late cancellation, which could be the full deposit or greater. The fact that they were able to re-let it is not relevant.
Your insurance is unlikely to pay out unless you have medical evidence of inability to travel. Nor do you have any grounds for a chargeback or S75 claim.
It might have been better to wait until nearer the time, to see if the accom was cancelled.

[Deleted User]

Don't give up yet dufour27.   There has been a case identified somewhere on here whereby a court ruled the non refundable deposit was unreasonable as the plaintiff was able to show the accommodation had been rebooked.   I am hopeless at finding the relevant places but am sure somebody will jump on who knows.

Maybe if when it is found you go back to Sykes with this information?    I will get back if I can locate the info.

macman

dufour27 said:

OK thanks for that information. I couldn't wait to see if it they cancelled, as I only had 4 days in which to make my decision to cancel. So on that note I will just have to take the hit.

Just one thing if I couldn't get in touch with Sykes either via the phone and email, have they not also broken their contract? Just a thought.

macman said:

No, because you broke the contract. They can charge you whatever is specified in the contract for late cancellation, which could be the full deposit or greater. The fact that they were able to re-let it is not relevant.
Your insurance is unlikely to pay out unless you have medical evidence of inability to travel. Nor do you have any grounds for a chargeback or S75 claim.
It might have been better to wait until nearer the time, to see if the accom was cancelled.

Since your holiday is at least 3 weeks and up to 7 weeks away, I fail to see why you had to cancel within 4 days? Many companies have found it difficult to maintain communication during lockdown, that in itself does not constitute breach of contract. They will prioritise communication for those whose holidays are imminent.

dufour27

I had to cancel before full payment was due as I didn't take out Insurance. If I then had to cancel nearer the time I would be nearly a £1000 out of pocket.

The way things are going there's a likely chance there will be  further spikes. I've not shielded for the last 4 months to go out to a new area and then get infected.

phillw

dufour27 said:

The way things are going there's a likely chance there will be  further spikes. I've not shielded for the last 4 months to go out to a new area and then get infected. 

It sounds like you'd decided not to go, so I think you made the right choice. Depending on how much the deposit was you may be able to get it back, but you will probably have to fight for it.
https://www.which.co.uk/consumer-rights/advice/can-i-claim-back-a-non-refundable-deposit
"If you cancel the contract, the business is generally only entitled to keep or receive an amount sufficient to cover their actual losses that directly result from your" cancellation.

When can a deposit be kept?

Typically, the business has no entitlement to keep any amount that can be saved by finding another customer, or cancelling any other suppliers they’ve employed. That would likely constitute an unfair contract term under the Consumer Rights Act.

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."

https://www.which.co.uk/consumer-rights/advice/i-think-theres-an-unfair-term-in-my-contract-what-can-i-do

Birseh_

Not interested in the detail but this news about Sykes Cottages may help for those that have not seen it https://www.travelweekly.co.uk/articles/377354/sykes-cottages-u-turn-on-refunds-after-competition-watchdog-probe

macman

That won't affect the OP though, as they cancelled-not Sykes. Since they didn't take out any insurance, I'm afraid they don't have any case for a refund, from any source (holiday provider, card merchant, insurer).

Birseh_

ok. Macman....did not read the detail as I stated so I take your word for it.....just posted the link when I saw Sykes Cottages. Thank you for your detail MacMan and good to see you are on it. 

dufour27

macman said:

That won't affect the OP though, as they cancelled-not Sykes. Since they didn't take out any nsurance, I'm afraid they don't have any case for a refund, from any source (holiday provider, card merchant, insurer).

Ok thanks for the updated information really appreciated. I am going to try one more avenue as I have found the owner of the property. So I will appeal to their good nature, can't do any harm.