Refund due to coronavirus

flossy2

Hi

I am due to go on a hen do which was booked in July with air BnB. 12 of us are due to go. At the time of booking tier systems weren't in place so we thought had no idea on the rule of 6. 
It is looking highly unlikely we can go but the final balance is due on 31st December. If we pay the final balance and are unable to go due to restrictions would we be able to claim a refund under section 75 on a credit card. At present the host is saying he can only offer a other date which would be after the wedding which defeats the purpose of a hen do.
Any advice will be appreciated.
Many thanks

martindow

If Covid restrictions are in place that would prevent a hen do, I would imagine that the wedding itself is probably in doubt too.  Postponing would be a good option if the wedding date is changed.  What is the bride to be saying about her plans?

Westin

I don’t see the validity in a section 75 claim.

Did you arrange travel insurance?

mattyprice4004

This is a job for travel insurance - it’s not the hosts problem that your party doesn’t fit into the restrictions. 

You have no claim under S75, and the host is already doing more than they need to. 

Thrugelmir

flossy2 said:

At present the host is saying he can only offer a other date which would be after the wedding which defeats the purpose of a hen do.

You took the risk of booking a non refundable rate during a global pandemic. Whether to take a chance and risk that it's going to be possible to go comes down to personal choice.  Being offered an alternative date is a reasonable outcome. 

CKhalvashi

OP has been given the right to guaranteed availability of a facility that they have freely booked that no longer meets their needs, at a non-refundable rate.

The accommodation is available, and the fact that OP is choosing not to use this is not the host's fault. It is therefore unfair to expect the host not to be paid.

martindow

Could the OP argue that the host originally offered accommodation for twelve people and is now able to only offer six places?  It is not the host's fault of course, but that is the situation and on this basis the contract could be considered frustrated, can be cancelled and money returned?

https://hallellis.co.uk/frustration-legal-contracts/

I do agree that the offer of moving the booking to a future date is a good one and probably the best solution.

[Deleted User]

martindow said:

Could the OP argue that the host originally offered accommodation for twelve people and is now able to only offer six places?  

No, because they're still offering 12 places. Households larger than 6 would have no problem using the accommodation, for example.

mattyprice4004

martindow said:

Could the OP argue that the host originally offered accommodation for twelve people and is now able to only offer six places?  It is not the host's fault of course, but that is the situation and on this basis the contract could be considered frustrated, can be cancelled and money returned?

https://hallellis.co.uk/frustration-legal-contracts/

I do agree that the offer of moving the booking to a future date is a good one and probably the best solution.

No, I have a friend with 10 live-in family members so they’d be OK. 

The configuration of the party is not the host’s problem. 

flossy2

Thanks all. In no was I saying that it is the hosts fault and they should lose out. I was merely asking as it's exceptional circumstances would we be entitled to a refund from the credit card company. At the time of booking the rule of 6 and the tier system wasn't around. We thought if restrictions were still in place it would either be lockdown or no lockdown 
I know the vaccine is now available but I work in hospital pharmacy and upon speaking to a pharmacist and doctor we now realise that march is still an unrealistic goal for 12 people from different households to spend together. 
The wedding however is in June so we are confident that will still go ahead. 
We were just trying to get our options together so we could work out the best course of action to take.
Thanks for the advice 

eskbanker

flossy2 said:

In no was I saying that it is the hosts fault and they should lose out. I was merely asking as it's exceptional circumstances would we be entitled to a refund from the credit card company.

Why should the credit card company lose out?  Section 75 holds the card company equally as liable as the merchant, so if the merchant doesn't have any liability to you (e.g. for breach of contract) then neither does the card company.