2 Hotels we booked in Wales are now in Lockdown Zones but they are refusing to refund us

glittershell

Hello We booked 2 hotels for a break in Wales in 2 different areas of Wales  (in place of an already cancelled cruise) unfortunately both hotels are now in different Lockdown Zones . The hotels  state that they will only now allow residents from those areas to stay and anyone else will be turned away which is fair enough and quite correct. Our issue is we booked rooms which are "non refundable" which would be fine if it was us that were needing to cancel for any reason and we wouldnt expect a refund  . However  My view is that Because the hotels are not able to offer the rooms they are no longer proving the service we booked then it is them that is ending the contract not us.
 We sent them information from the CMA  regarding the Corona Virus and Laws and Guidance  which includes  a parts saying "

Contracts that cannot go ahead due to lockdown laws

In some circumstances, due to lockdown laws, a contract cannot go ahead as agreed or at all, and is therefore ‘frustrated’. A contract will be frustrated as a matter of law if, due to no fault of the parties, something happens after the contract was entered into which means it can no longer be performed at all or performance would be radically different to what was agreed.

As a result, the contract comes to an end and, where consumers have paid money in advance for services or goods that they have yet to receive, they will generally be entitled to obtain a refund.

In particular, for most consumer contracts, the CMA would expect a consumer to be offered a full refund where:
a business has cancelled a contract without providing any of the promised goods or services 
no goods or services are provided by a business because this is prevented by the lockdown laws
a consumer is prevented from receiving any goods or services, because, for example, lockdown laws in the UK or abroad have made it illegal to receive or use the goods or services

The hotels are saying we can move the bookings to another date however we at the moment are unable to do this as we have no holiday from work left to take and they are both refusing a refund
Anyone got any advice on what to do about a refund? or do we just give up which seems unfair as its not us wanting to cancel we are still intending to visit Wales just not those areas in Lockdown 

bradders1983

Moving to another date seems perfectly reasonable tbh on a non-refundable rate, it doesnt have to be this holiday year if you have no holiday left.

Sooler

Rebook for next year, least hastle. bliss.

glittershell

Sooler said:

Rebook for next year, least hastle. bliss.

We would if we could but have no holiday time left until April 2022.  And as the law seems to state we are entitled to a refund as the contract  simply cant go ahead , its all the more frustrating . Many businesses are refunding without issue  due to the lock down  in fact our Brewery tour was refunded the very next day no problem at all 

[Deleted User]

Totally agree that as it is the hotel is refusing you entry (technically) then they are not providing the goods you paid for I think you should be entitled to a full refund.   However, how you go about is not going to be easy if they refuse.   You could try a chargeback but that might fail as they have offered you the chance to rebook.    Even if you took court action, it isn't obvious which way it will go.     Rebooking obviously is the easiest and less stressful way to go.  

Am assuming the holiday is imminent or could there be chance of the lockdown lifting beforehand?

bradders1983

glittershell said:

Sooler said:

Rebook for next year, least hastle. bliss.

We would if we could but have no holiday time left until April 2022.  And as the law seems to state we are entitled to a refund as the contract  simply cant go ahead , its all the more frustrating . Many businesses are refunding without issue  due to the lock down  in fact our Brewery tour was refunded the very next day no problem at all 

You have no holiday left for 18 months? How?

43722

I think you are right to push for your refund. You may need to work at it though. Remember that you have not cancelled. I do not think that you need to consider alternative dates in this scenario.

welshmoneylover

I would push for a refund .. name and shame the hotels so others don’t fall in the same trap

sandsy

bradders1983 said:

glittershell said:

Sooler said:

Rebook for next year, least hastle. bliss.

We would if we could but have no holiday time left until April 2022.  And as the law seems to state we are entitled to a refund as the contract  simply cant go ahead , its all the more frustrating . Many businesses are refunding without issue  due to the lock down  in fact our Brewery tour was refunded the very next day no problem at all 

You have no holiday left for 18 months? How?

It's quite easy if you've had 3 holidays cancelled as we have. Holiday 1 was replaced by Holiday 2 which was then also cancelled. Holiday 3 is now also cancelled. My suppliers expect me to take all of them next year - my employer has a different view. 

glittershell

So the latest is  one of the hotels will no longer communicate with us  they would not cancel our booking they continued to say that we would need to cancel and this is what they said "You may keep your booking open and we will take the full cost of your stay whether you attend or not as that room will have been kept for you." so even though they cant offer the rooms and meals to us they still wanted to charge us for them and they state on their facebook page Any guest checking in to the hotel will be asked for ID and proof of address, if you live outside of RCT you will unfortunately be turned away.  Yet more Completely bad unfair Business practice  

lisyloo

How have you paid? Easiest way would be to disuse with your card company via chargeback or section 75.