Ocean Beach Ibiza deposit

lynnbat

I wonder if anyone can help. We paid £300 deposit for a day bed and drinks package in ocean beach, Ibiza for when we go on holiday in sept 2020. Holiday has since been cancelled as we can’t travel and face quarantine as NHS staff is face disciplinary action if we do. We asked for a refund of obeach deposit, they refused and said we could only change to a date this year or lose deposit (despite previously saying the would carry the deposit forward to next year) after a fight they agreed to carry it forward to next year. The difficulty is
1. in the current climate we don’t even know if we will be able to go next year
2. in the current climate the business could fold at any time between now and then 
3. to be honest after the way they have treated customers (we’re not the only ones their social media is flooded with complaints) we actually don’t even want to go next year and give them another penny 
The deposit was booked on credit card but credit card company have said no to a refund as it’s a deposit. Is there anyway to get the deposit refunded as it seems that normal T&C’s are not appropriate to cover this cancellation? 

bagand96

What were the T&C's of the deposit? If it's non refundable then they might have already done more than they had to by agreeing to hold it for a date next year. 

Unfortunately the fact you can't travel to Ibiza is not their problem as your contract was for the day bed and drinks. If Ocean Beach is still open then the product is available. 

Reputationally of course, it might be better if they refunded everyone, but as you point out that are a business, and will be fighting for survival like all others right now.

lynnbat

thanks @bagand96. It is a non refundable deposit but what I’m asking is...is this is not an exceptional circumstance and not covered by regular T&C’s? Unfortunately not being able to travel to Ibiza is outwith our control as well, so I don’t see why as a consumer we are being punished? Having already lost money on flights there has to be some kind of protection for us, no?

mattyprice4004

It's not their fault you can't get there, and your protection would be suitable insurance.
They didn't cancel your flights, the service is there for you to use and thus they're holding up their end of the deal unfortunately. 

Their offer is very generous, they don't have to offer you anything as you're not going to turn up, rather than them cancelling the package. 

bagand96

lynnbat said:

Unfortunately not being able to travel to Ibiza is outwith our control as well, so I don’t see why as a consumer we are being punished? Having already lost money on flights there has to be some kind of protection for us, no?

This is the problem with the Covid-19 situation. 

Not your fault you can't go to Spain, so you feel you shouldn't lose out. 

Not Ocean Beach's fault you can't go to Spain so they feel they shouldn't lose out. 

To my knowledge there is no blanket ruling that consumers shouldn't lose out due to exceptional circumstances. In the UK the CMA have stated they would "expect" consumers shouldn't lose out, but there's no legislation to back it up. And in any case your booking with OB likely falls under Spanish law.

sheramber

You would need to have additional cover on your travel insurance for disruption to booked trips or activities.

Thrugelmir

lynnbat said:

Having already lost money on flights there has to be some kind of protection for us, no?

You've been offered a future booking. Seems perfectly reasonable. Your choice whether to accept it or not. Companies cannot afford to lose money either. As they'll simply close and no one will be a winner. Not you. other clients or the staff they employ. 

lynnbat

thanks all, we claimed off travel insurance who repaid in full thankfully