Getting a deposit back if you didn't move in

sendu

Is there any legal basis on which we can get a deposit back for a room we booked but then didn't move in?

The room was first found via AirB&B, but since we weren't sure about dates and wanted some flexibility, we bypassed AirB&B and dealt with the owner directly. I can't offer any kind of accurate transcript of what we discussed and agreed when talking in person, but it was along the lines of "if we can get another booking to replace yours, you can cancel and get your deposit back".

Here's everything we have in writing:

- email after discussing things with them in person
them: I was nice to meet you all yesterday and I’m pleased you liked the [the room]. I am continuing to hold [it] provisionally for you and will confirm your reservation once I’ve received your deposit transfer. I am attaching our confirmation invoice with all the required details for payment.

- the aforementioned invoice
[boiler plate, booking details such as date, number of nights, cost per night]
Payment:

25% deposit is required to secure the reservation 

The balance will become due on arrival – 28th October

[bank details, more boiler plate]

[we paid the invoice, but now we don't need the room anymore]

- txt messages after we wanted to cancel
Us: [explanation...] Do you mind if we cancel the booking for now and rebook once we know more? Sorry about this xxxx
Them: Hi xxxx. You poor things! I will cancel the booking as requested. Regards, xxxx.
Us: Thank you xxxx. Would we get a deposit refund at all?
Them: Hi xxxx. In the hope that we re let it yes. The other one is reasonably booked so I hope so. The pain is, I had someone who wanted both for two weeks over this period who have now booked elsewhere. Fingers crossed.


I'm not saying I think they are being unfair or unreasonable, and indeed events are inline with my expectations. On the other hand, the deposit was a substantial amount of money, so if there's any way we can get it back it would help us enormously.

Mineral1

Seems fair that they should be allowed to keep your money unless they find another person to book the dates, but since you bypassed AirBNB you have entered into a contract directly with the owner with no real agreed terms, so you're unlikely to have any real recourse against them if they decide not to refund you. I don't think they have to offer you a refund at all from what i've read there, but it would be very nice of them if they did.

moneysavinghero

You booked the room on the understanding that the deposit would be returnable if they managed to re-let the room.
They are now saying they will return your deposit if they are able to re-let the room.

Everything seems to be as expected.

The booking date is not until October, so even with Corona there is a good chance that the room will be re-let and you will get your deposit back.

Technically they should only charge you for the cost's that they incur so it could be deemed that any contract you have with them is unfair and therefore unenforcable - but you would have to take them to court to get your money back. Might be easier to wait and see if it gets rebooked.

greatcrested

I am continuing to hold [it] provisionally for you and will confirm your reservation once I’ve received your deposit transfer

.In other words, once you pay the deposit it's a firm booking. Unless there was further explanation of a cancellation/refund policy (eg if you cancel within 48 hours of the start date you will forfeit the deposit), then you willlose your deposit.

Would we get a deposit refund at all?
Them: Hi xxxx. In the hope that we re let it yes.

This seems very fair.

I had someone who wanted both for two weeks over this period who have now booked elsewhere.

Exactly. Based on your booking and deposit, the owner has turned away and lost other business.