Large Holiday Accomodation Refund

EbbyD23

My first time posting, so hoping for some advice.
We booked a large 9 bedroom property in Scotland for 3 nights to act as a wedding venue and accomodation for our July 2020 wedding. We later moved our booking to the beginning of July 2021. We paid a 50% deposit (£1500) direct to the owners on our debit card. We also do not have insurance.
If current progress continues, Scotland is predicted to be in tier 0 by the end of June. The owners of the property have said this would only allow 8 people from 3 households to stay at the property. We had booked for 18 adults, and had written confirmation that we would be allowed up to 40 day guests on the Saturday. They have since offered to split the house into two properties, a 4 bed and a 5 bed, allowing 8 from 3 households in each. However the guests in each would not be able to mix throughout the weekend, only for the ceremony outdoors. Also any additional people e.g. photographer, hairdresser would count towards numbers and households.
Communication with the owners was great until I asked about the possibility of having our deposit returned two weeks ago, as they were unable to offer the property as we were offered at the time of booking. 
Where do I stand with this issue, and what would be the best action to take? I know July is still a long way off, and a lot could change in terms of restrictions, but due to the planning involved I feel I can't leave this much longer. Any advice appreciated! 

k3lvc

It'll all depend on what your booking says - have you booked 'a property' or have you booked a package for x people that's detailed in what they're providing for you.

The 'property' is still available, just not necessarily for the purpose you'd originally intended it for 

EbbyD23

Thanks for the advice k3lvc!
My invoice is for the property, but it states "9 bedroom property", which is not what we have now been offered.
In terms of extra people this was only agreed in email correspondence, although the terms and condition we were giving do have information about the property being used as a party venue.

Westin

k31lvc is right.

Sounds like you have booked and are being given what is described as a 9 bedroom house, rather than a guarantee on maximum occupancy. The venue remains available just not how you envisaged using it.

As you say a lot can and likely will change by July. I hope in your favour.  The key will to be work with the property owner to make the best of the situation in a collaborative way.

Hope it gets sorted. I fully appreciate that these unknowns and changes are the last thing you want or need when planning for your special day.

EbbyD23

Thanks Westin, your post is also helpful.
I think ultimately it will unfortunately be a waiting game.
I had recently read a newspaper article from last September when England had the "rule of six" which stated that under consumer law anybody with bookings for properties with over the capacity allowed were entitled to a full refund. This information was quoted from Which? travel, but I haven't found the original source, and I don't know enough about consumer law to know if it is accurate. As you have suggested the issue is the house being available rather than the number of occupants who can stay.
I do really hope the property owner get in touch again soon so we can try to find a resolution.

[Deleted User]

Not sure you have read the article properly Ebby. I think it’s been a case that you are only entitled to a full refund if the property is not available to you.  

I don’t know how the owners are predicting you can only have 8 people in total.  Does anyone actually know what the “rules” will be at end of June?  Also don’t understand how they can specify 8 people from 3 households. What if the 3 households contain 15 people?  😂.   

Hopefully it will all work out in your favour.  Not nice to be in limbo when it is such an important day.   You might be able to work round it somehow. (Tents in garden?).  

EbbyD23

Thanks Tedber!
There was also a similar article published on moneysavingexpert.com. Unfortunately as a new poster I can't share the link. It is titled 

"Social gatherings of more than six banned – your refund rights for holidays, activities and more"

It suggests that if going ahead with the booking would be breaking the law and result in a fine, then according to the CMA a refund should be given (but there are no guarantees as this is such an unprecedented situation).

Not sure anybody can be 100% sure of future restrictions. Sturgeon stated in a previous briefing that, all going well, Scotland would enter tier 0 by the end of June. Previous restrictions for tier 0 were up to 8 people from up to 3 households, so this is where these figures have come from.

Westin

This is the link - https://www.moneysavingexpert.com/news/2020/09/social-gatherings-of-more-than-six-banned-in-england-from-next-w/

It also says in the article - 

"If your holiday provider refuses to offer a refund, whether you're legally entitled to one isn't entirely clear-cut.

When we asked the Department for Business, Energy and Industrial Strategy about consumers' refund rights in this situation, it pointed us to guidance from the Competition and Markets Authority (CMA), which says that consumers should get a refund if they cancel or can't use a service because of Government health measures. 

As the new six-person rule is a legal restriction (unlike the previous rules on households staying together, which are guidelines) and consumers could face a fine if they break the law in order to use their holiday booking, the CMA guidance suggests they'd be owed a refund. 

But it's important to note CMA guidance isn't a definitive interpretation of the law, and this is a new scenario which hasn't been tested – so while you can point your holiday accommodation provider to the guidance, complain to the CMA or even pursue legal action, there are no guarantees you'll get a refund."

I think the CMA opened a can of worms when they decided to stick their oar into the waters on this matter.  They seem to have lots of opinions but have yet to really follow through on anything.  They also don't want to get involved with individual consumer issues, questions or disputes.  An opinion can count for nowt.

[Deleted User]

Thanks @Westin. Which actually means @EbbyD23. There is no test case in court as yet.   So unless you have the energy and finances to go there you will have to try to work with the owners.  

Personally I think you may  be able to do this at end of June, with a little juggling perhaps?   Fingers crossed and hopefully you will have a wonderful day. 👏👏

Thrugelmir

EbbyD23 said:

Communication with the owners was great until I asked about the possibility of having our deposit returned two weeks ago, as they were unable to offer the property as we were offered at the time of booking. 

Deposit is to reserve the property. Which is no different to when you first booked it.  Cancel the booking lose your deposit.  Always advisable to have the correct insurance in place for major financial outlays. 

EbbyD23

Again, thanks for all the advice!

An update on the situation, managed to speak to the property owners today and the deposit has been refunded in full.