UK Hen Party - Holiday Let

Steff_D

Hi, 
I booked a holiday cottage back in 2019 for a hen do weekend for June 2020 for 11 people, it was clearly stated no refunds but we had to cancel due to Covid. Now I’m trying to get a refund on the deposit but the owner is refusing saying we were offered a credit note which we have 12 months (which expires in June) and could use the accommodation for a holiday. Is there anything I can do to get these funds back as we have paid 627.60. If it was less I would just walk away but I don’t think this is fair. Is there any advice?

[Deleted User]

If you cancelled as opposed to it being cancelled for you and you have not paid the balance when it was due, then I would think a credit to rebook is fair enough and probably outwith what the owners need to do tbh. Your terms and conditions will confirm this.   Covid doesn’t over ride the t’s snd c’s.  When did you actually cancel?  This is a factor. 

As the total amount is less than 60 per person I would accept the offer and rebook.  You might need to use the voucher before June but you can probably rebook later in the year?  Check this.  

Steff_D

The deposit was over 40% of the total booking value. We asked about Covid lock down and the implications so I think it was mutual because of the restrictions. 

There were no Terms and Conditions shared at booking. 

I appreciate Covid doesn’t over ride but they are a factor to be acknowledged. I have friends that have holiday let’s and when I mentioned the situation to them they have said that insurance companies are paying out for loss of business due to Covid and some geographical areas have  grants available to those that own holiday let’s. 

[Deleted User]

Hi Steph. Still doesn’t answer enough for us to give an informed response.  As you are saying there were no t’s snd c’s when you booked. Was this a private booking through a friend perhaps?  

As you say the booking was almost half the cost, what were the arrangements for paying the rest?   When was this due?  

Quoting other people you know or any conditions/insurance doesn’t actually help you.  What you need to look at is what you booked and if you had insurance.  I am thinking it is unlikely all 11 of you would have taken out appropriate insurance?   But if you have then that is maybe your only option?   

Sorry I know you want to hear something else but cannot do unless you tell us something you haven’t told us. 

Steff_D

Booking was through bro.com. 

The final sun owed was due to be paid 2 months before arrival. 

By quoting experiences from others in a similar location and business it’s evidence of a precedent set. 

Holiday insurance quotes don’t cover this. 😔

[Deleted User]

Ok.  Have no idea who bro.com is.  So the question now is?  Did you cancel or did they? I.e  Did you get communication from them,  to say you could not go on your holiday and if so was this before your final payment was due?  OR did you contact to say-  as you couldn’t go in June you would not be paying the balance?  

You might wonder why am asking but it is all very relevant to whether or not you are entitled to a refund and you are omitting the important bits.  

Westin

I think it might be vrbo - https://www.vrbo.com/en-gb/

sheramber

vrb's Terms and Conditionss

2. The Basics

2.1 This Site is a place where Guests can view listings of, and obtain information about, properties offered for rent (“Properties”) by others, including property owners, lessees and managers, (each, a “Host” and collectively with a Guest, the “users”). We may also offer other tools or services to allow users to communicate with each other and to enter into rental agreements or other transactions with each other.

2.2 The Site acts only as a venue for users to interact with each other. Rental contracts are concluded only between the Guest and the Host. Vrbo is not, and does not become, a party to any contractual relationship between the Guest and the Host and in its webhosting status it is not obliged to mediate between the Guest and the Host in the event of any dispute arising between them. You acknowledge and agree that the Guest and the Host will be responsible for performing the obligations of any such agreements, between the Guest and the Host, that Vrbo is not a party to such agreements, is not acting as an agent on behalf of Hosts and disclaims all liability arising from any such agreements even if the Site facilitates a booking for a Property or the use of other tools, services or products, as Vrbo is not a party to any rental or other agreement between Guests and Hosts, and the Hosts are not considered as Vrbo’s service providers. Vrbo is not an organiser or retailer of travel packages under Directive (EU) 2015/2302.  In respect of distribution of Properties on any non-Vrbo branded sites, Vrbo is not acting as a trader for the purpose of linked travel arrangements under Directive (EU) 2015/2302.

Steff_D

Thanks for the comments and support. I have written to the owner for comments based on some research I have managed to do. Will see what happens. Ohh CMA have been helpful if anyone else needs support. 

Upsidedownandaround

michael1234 said:

Tedber said:

Hi Steph. Still doesn’t answer enough for us to give an informed response.  As you are saying there were no t’s snd c’s when you booked. Was this a private booking through a friend perhaps?  

As you say the booking was almost half the cost, what were the arrangements for paying the rest?   When was this due?  

Quoting other people you know or any conditions/insurance doesn’t actually help you.  What you need to look at is what you booked and if you had insurance.  I am thinking it is unlikely all 11 of you would have taken out appropriate insurance?   But if you have then that is maybe your only option?   

Sorry I know you want to hear something else but cannot do unless you tell us something you haven’t told us. 

I wonder on what grounds you plan to give an informed response ?
OP: There are a handful of posters here who seem to enjoy answering literally thousands of questions and yet many or all of them have no legal training to do so. You'll know who they are when they respond to this and "like" each other's posts.
What Tedber says here may well be reasonable advice but it should be qualified as to what experience he has that he feels enables him to provide that advice as it conveys the tone of being an expert who in this case would be a solicitor which I suspect he is not. In other words, you'd probably get just as good advice picking someone at random from the street but at least they wouldn't sit behind a veneer of supposed expertise.

If someone starts thread and then finishes it with “is there any advice?” on a money saving expert forum they are probably not expecting to get replies solely from people with legal training or qualified solicitors. 

sheramber

if you want legal advice  then you pay a solicitor for it. You don't come on a forum and expect it for free.