UK Holiday Cottage Booking: What are my Chances of getting a Refund?

Jilly888

I am supposed to be staying in a large house that sleeps 10 at the end of February 2021 in the UK. It was booked through an agency. It has been difficult to contact the owner but after several attempts she got in contact to say that she would only offer a 50% refund, as it will be illegal for both parties for us to travel and occupy the property. The owner has been quite keen for us to cancel the booking though we are aware that there was a non-refundable policy in place when we booked. We feel that she wants us to state that we are cancelling as then our chance of being compensated is lost. I have spoken to the agency but they insist that we have entered into a contract with the owner and all they can do is contact her to suggest she allows us to change the date. They have said that she will receive the total fee, including a considerable damage deposit, the day after we should have arrived. She has now taken the property off the agency website which does not fill us with confidence about future communication, as this has already been difficult.

We have expressed a desire to occupy the property (if we were able) and are keen and totally flexible in terms of getting rearranged dates. Failing that, we are currently seeking a full refund as we are not cancelling-the contract has been frustrated. I feel that it is unfair to expect us to pay half  towards a holiday that will now not happen, as well as contributing towards a cleaning fee and damage deposit when we haven't even entered the property. The booking was made a year ago so the owner and the agency have benefitted from our payment being made well in advance. The property sleeps ten so the overall cost is quite considerable. The agency's own website encourages owners to roll over holiday dates into 2022, without extra cost, or provide a refund. I have seen that the CMA are also stating that:

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

The agency's website reiterates this message:

We are asking partners to offer a full credit for flexible stay dates within the next year (at no additional cost). If the guest is unwilling or unable to accept the credit, we advise working with our partner on an acceptable refund, and we have incentivised our partners to go above and beyond their standard policies.

I would welcome other forum members' views on this, I appreciate that covid is an unprecedented event but I wondered whether there is any existing recent case law that clarifies a case like ours. We also realise that our last resort may have to be a legal pursuit, via the small claims court. Again, I would welcome any advice re this, as well as whether it would be a case likely to succeed. One potential obstacle, I imagine, is that the courts are likely to be clogged for a long time, due to covid delays and a backlog of similar cases.

Thanks for your help, this is my first post on here so I don't mind people speaking plainly but please be kind as this has been very stressful! 

 

[Deleted User]

if accommodation is not open to guests at the time you booked for, which looks likely, you are entitled to a rebook at very least or refund.  If your “host” is refusing to play ball, gather all the evidence of your attempts to rearrange which have been denied and send it with a chargeback application.  BUT ask them again by email and then wait until the date you should be there to instigate the chargeback- Just in case some miracle occurs and everything is up and running in next two weeks (yeah right lol). 

Thrugelmir

I'd maintain the pressure on the letting agency.  Up to them to organise a refund on your behalf. Threaten reporting them to the CMA if necessary. Though wait and see how events unfold first before using this stick. 

Jilly888

Thrugelmir said:

I'd maintain the pressure on the letting agency.  Up to them to organise a refund on your behalf. Threaten reporting them to the CMA if necessary. Though wait and see how events unfold first before using this stick. 

Thanks, that's helpful advice. 

Jilly888

Tedber said:

if accommodation is not open to guests at the time you booked for, which looks likely, you are entitled to a rebook at very least or refund.  If your “host” is refusing to play ball, gather all the evidence of your attempts to rearrange which have been denied and send it with a chargeback application.  BUT ask them again by email and then wait until the date you should be there to instigate the chargeback- Just in case some miracle occurs and everything is up and running in next two weeks (yeah right lol). 

Thanks for this advice. I have never done a chargeback before-is that something you can only use with a credit card? The payment was made by bank transfer so I wasn't sure if the bank can help (we've learned our lesson and will always pay by credit card in future!!). I didn't actually make the payment otherwise I might have rung my own bank. 

Thrugelmir

Jilly888 said:

Thrugelmir said:

I'd maintain the pressure on the letting agency.  Up to them to organise a refund on your behalf. Threaten reporting them to the CMA if necessary. Though wait and see how events unfold first before using this stick. 

Thanks, that's helpful advice. 

You are unlikely to be alone.  A good business is going to wish to limit reputational damage. 

eskbanker

Jilly888 said:

Tedber said:

if accommodation is not open to guests at the time you booked for, which looks likely, you are entitled to a rebook at very least or refund.  If your “host” is refusing to play ball, gather all the evidence of your attempts to rearrange which have been denied and send it with a chargeback application.  BUT ask them again by email and then wait until the date you should be there to instigate the chargeback- Just in case some miracle occurs and everything is up and running in next two weeks (yeah right lol). 

Thanks for this advice. I have never done a chargeback before-is that something you can only use with a credit card? The payment was made by bank transfer so I wasn't sure if the bank can help (we've learned our lesson and will always pay by credit card in future!!). I didn't actually make the payment otherwise I might have rung my own bank. 

Chargeback can be used for credit or debit card transactions, but doesn't apply to bank transfers, so if that's how you paid then you have no protection available from your bank (and the same applies to whoever did pay).

Do you have travel insurance that may cover this?

JamoLew

You mention that it sleeps 10

Were multiple families/households expected to attend ?

That "may" muddy the waters somewhat if claiming on insurance

Jilly888

eskbanker said:

Jilly888 said:

Tedber said:

if accommodation is not open to guests at the time you booked for, which looks likely, you are entitled to a rebook at very least or refund.  If your “host” is refusing to play ball, gather all the evidence of your attempts to rearrange which have been denied and send it with a chargeback application.  BUT ask them again by email and then wait until the date you should be there to instigate the chargeback- Just in case some miracle occurs and everything is up and running in next two weeks (yeah right lol). 

Thanks for this advice. I have never done a chargeback before-is that something you can only use with a credit card? The payment was made by bank transfer so I wasn't sure if the bank can help (we've learned our lesson and will always pay by credit card in future!!). I didn't actually make the payment otherwise I might have rung my own bank. 

Chargeback can be used for credit or debit card transactions, but doesn't apply to bank transfers, so if that's how you paid then you have no protection available from your bank (and the same applies to whoever did pay).

Do you have travel insurance that may cover this?

Thanks for the advice re chargeback-might need it again in future but doesn't apply here sadly. Travel insurance is unlikely to be that helpful as we are 10 separate individuals. I, for instance, also have an annual policy but it's only for foreign travel. I will mention it to my friends as there is a slim chance one of them might be covered.

Jilly888

JamoLew said:

You mention that it sleeps 10

Were multiple families/households expected to attend ?

That "may" muddy the waters somewhat if claiming on insurance

We are 10 friends, all from separate households. I know I'm not covered for UK travel-I'm going to check with the others but I know that there is also a timing issue to do with when covid became a 'known issue.'. 

Flash32

Your contract is with the agency - in the same way that a travel agent will book flights, package holidays, etc., on your behalf.  If you paid the agency, your contract is with them.  They will probably try to fob you off by either telling you that your contract is with the owner (which it isn't) or with an offer of vouchers - which you do not have to accept and with the current financial situation I would suggest you don't.  If the agency does not play ball, your alternatives are:

- If you paid either partly or fully by credit card the card company are jointly liable for fulfilment and you should have redress under Section 75 of the Consumer Credit Act 1974.  Put a polite, concise dossier of the facts together and submit this to the card company specifically mentioning the above act and that you are holding them liable for fulfilment or refund.

- If you paid by debit card, you are probably not covered under the above act, but you can still use chargeback as some PPs have already mentioned.  Same method - concise dossier and submit to the card company.

- If you paid by bank transfer you probably won't have either option available.  In this case, use Moneyclaim online (used to be called the small claims court) - https://www.moneyclaim.gov.uk.  BUT before you pay the fee and submit the claim - fill out the claim details, then take a screen snap and save it.  Go to www.!!!!!!, find out the email address of the CEO of the company and politely email a short resume of the facts, mentioning that you are making a Moneyclaim Online claim against the company and attach the screenshot of the claim.  This usually works wonders as if they have to provide a defence, it takes loads of valuable time and companies do not like court judgements against them - particularly mentioning the CEO.  You do not usually have to appear in court and even if you do, the Court is very informal and unless the claim is malicious, is generally orientated toward the claimant.  Even if you lose (unlikely) you do not have to pick up the other side's costs.

By the way - I did one of the above methods to reclaim £3k and it worked, although it did take 6 months to fully resolve. 

Hope this helps - good luck.