Hotel closed - what are my rights?

johnnyr1970

Going back a while now....  In October 2019 I booked, and paid in full a flight/hotel for a trip to Jersey for April 2020.  The hotel was non-refundable - was twice the price for the refundable option so felt like a sensible decision at the time (£400 vs £800) - hindsight is a wonderful thing.  Had annual travel insurance at that point but has subsequently lapsed (June 2020) and not renewed for fairly obvious reasons (it’s expensive as my good lady has rheumatoid arthritis which, even though well under control, we seem to be charged heftily for so no point paying for it as we couldn’t go anywhere).

When April 2020 came around my flights were cancelled and travel to Jersey was effectively banned anyway so after much arguing the hotel agreed to move my booking to March 2021.  They were still open in April but none of their standard facilities were available and I think most hospitality on the island was closed so they were only really open for key workers, not tourists.

Since 3rd December 2020 the hotel has been fully closed and it looks like Jersey are pretty much following the UK path on lockdowns.  My guess then is that my flights will be cancelled again anyway so I should get that money back.  My concern is over the hotel - will they have no choice but to refund me if they remain closed when I’m supposed to be there?

ess0two

They'll probably credit you with a stay at a later date

johnnyr1970

I’M struggling to see how they can get away with that if they can’t deliver a service TBH but I guess they’ll just want to keep kicking the can down the road, which is not what I may want two years after the original plan....

elsien

Did you book the flights and hotel separately or as a package? 

johnnyr1970

All done separately, not booked a package trip for 20 years TBH.  

I'm not really moaning about this BTW I just want to know if the hotel can legally wriggle out of refunds if they are still closed in mid-March.

eskbanker

Is the booking made under Jersey or UK consumer law?

johnnyr1970

Through Booking.com so god knows 🤷

Westin

johnnyr1970 said:

Through Booking.com so god knows 🤷

God and google. Start researching.

https://www.booking.com/content/terms.en-gb.html?label=gen173nr-1FCAEoggI46AdICVgEaFCIAQOYAQm4AQfIAQ3YAQHoAQH4AQKIAgGoAgO4Ao7JtYAGwAIB0gIkOThhYWVlMTItYzRkYS00MGUxLWI4MzAtMjQ0YzEzZTJmYjdj2AIF4AIB;sid=52b511c3936e9aacb4d3deade21e6d6e;new_pg=1
Tells you the agreement is with the Hotel (Trip Provider) therefore I expect under the laws and jurisdiction of the Bailiwick of Jersey.

This might also be useful, again from the booking.com site - 
https://www.booking.com/covid-19.html?aid=304142&label=gen173nr-1FCAEoggI46AdICVgEaFCIAQOYAQm4AQfIAQ3YAQHoAQH4AQKIAgGoAgO4Ao7JtYAGwAIB0gIkOThhYWVlMTItYzRkYS00MGUxLWI4MzAtMjQ0YzEzZTJmYjdj2AIF4AIB

macman

johnnyr1970 said:

All done separately, not booked a package trip for 20 years TBH.  

I'm not really moaning about this BTW I just want to know if the hotel can legally wriggle out of refunds if they are still closed in mid-March.

So, if the flights only are cancelled, you won't be entitled to a refund from the hotel at all, because how you get there is neither their responsibility or concern. If the hotel is also closed, it's another ball-game, and depends on whether your rights to a refund became void when you accepted the first date change, or if they carry over and are still available to you in the event of a second cancellation. The jury is still out on that one...