UK booking asking for more money to rebook due to COVID

SEllie91

Looking for some guidance on the right place to look for information on rights. 

Start of 2020 booked a UK house (accommodation only) for a group of up to 20 people for a reunion. Obviously, for a booking booked for the April this was cancelled due to covid. As you can imagine finding an alternative date for a group that large was difficult and we settled on the April bank holiday this year. Was ask to pay the difference between a 2 night stay and a 3 night stay, obviously reasonable and we accepted and paid the difference. We did originally ask to cancel and get a refund but this was denied and looking through the terms and conditions we didn't think we had a leg to stand on.

Now obviously the April 2021 date has also been cancelled as a group that large will not be allowed to meet indoors by that time. We were contacted by the person we booked with to say it couldn't go ahead, and to keep things simple we asked to book the April bank holiday 2022. They have now come back and said that under 2022 prices will be required to pay another £300 and cannot get a refund. We've put over £3000 already into the booking, and when I questioned was told it's only a few more pounds each person but that isn't the point. 

This is obviously very frustrating as, for a large group, we've tried to be as flexible as possible. But I don't want to keep paying up every time it's cancelled and the prices change from those we originally agreed to. 

Any advice if we can fight this additional cost, or have the right to cancel would be appreciated. 

joncombe

Last year you would have been entitled to a refund as the service you had paid for was not available to use (through no fault of yours or the accommodation owner).
So now the question is when were you due to go there in April? Assuming the property you booked is in England, if it's before April 12 then again it won't be available (as this is the earliest date the Government has given for overnight stays to be permitted), so you would be entitled to a refund.
If it's after April 12 then it depends if overnight stays are permitted by then. If so it's probably the case the property is available to use, so no entitlement to a refund or rebooking to different dates. So if they are offering a change of dates to next year only paying the difference in price I'd say that is fair. The costs will have increased in 2 years so it doesn't seem unreasonable to pass those on.

Given you are talking about April bank holiday - that probably means Easter. In which case I don't think overnight stays are permitted then so you are entitled to a refund. If the vendor won't play ball then I suggest take it up with your credit card company on the basis that service that was paid for was not provided. I suspect the complexity here is how it was paid for. Was it one payment or multiple individuals paying?

eskbanker

SEllie91 said:

We did originally ask to cancel and get a refund but this was denied and looking through the terms and conditions we didn't think we had a leg to stand on.

If the Ts & Cs didn't give you cancellation rights in 2020 then they won't in 2021 either - the CMA has opined that bookings cancelled by the supplier in such circumstances ought to be be refunded but they caveat that stance by saying that only a court can actually decide this.

If you're offered the full booking amount as a credit to rebook next year then that's not necessarily a bad offer - the supplier is under no obligation to freeze the price for the equivalent booking so you don't have any right to insist on price equality.

[Deleted User]

Doesn't seem fair does it and by rights you should have been eligible for a refund last year AND this year as the holiday has been cancelled for you.  The problem with such a large group is that some people may not be available next year.   Circumstances change in two years.   The choices as it stands are you fight for your right to a refund (court action may be necessary) or you pay the difference and rebook for 2022 or possibly a third option:   Was the booking made direct to the owner on a single credit card?   A section 75 might be an option.     I doubt your insurance would be an option as you would all have to have individual policies.   

I think initially,  I would get back in touch with the owner to stress you are entitled to a refund as they have cancelled and that you will take court action if you cannot negotiate a rebooking for same price?   It may or may not work but good luck anyway. 

CKhalvashi

It looks like the property has been reserved for your use and is open and available for you. It is your choice to take such a large group with you.

If there is nothing in the terms and conditions regarding refunds, then you will have the choice to cancel on the terms given (however this is you cancelling for now), or re-book at the new date, which is at the new price.

Your right to cancel is naturally in the terms and conditions that you freely chose to sign.

And why do people constantly use the word 'Obviously'? If it was obvious, OP wouldn't be asking.

eskbanker

CKhalvashi said:

And why do people constantly use the word 'Obviously'? If it was obvious, OP wouldn't be asking.

???

OP is the only person using 'obviously' on this thread (doing so four times)....

pattycake

No not the same situation but comparable.  We had a package holiday overseas booked for June 2020.  We moved to June 2021 but it was at an additional cost of a couple of hundred pounds.  Ok, we accepted that.  Who imagined we would still be in this precarious position a year on?  So we are not happy to be going in June this year and it is looking possible it will be cancelled and then we would get a refund.
But, if it is going ahead we have the option to flip to June 2022 where the cost is now another £300.  So from booking in 2019 to travel 3 years later (!) it’s another £500.  We are two people not 20 so our cost  per head is much higher.

The holiday was paid in full in February 2020.

The fact is that prices are on the up and there’s not much we can do about it.