Holiday in Holland - cancellation rights

£1J

Last October, 2020, I booked a holiday in Holland on a campsite.  Booked direct with the provider, and paid €652 deposit out of a total cost of €1100.  The deposit included €48 cancellation insurance, though no documentation for this was provided.
The balance was due to be paid this week, but, as current Dutch government regulations prevent anyone from the UK travelling to the Netherlands, except in specified circumstances.  We had booked to travel on DFDS, who are accepting freight travel only at the moment.
As it is currently impossible to holiday in the Netherlands, I asked the campsite to cancel the booking and return my deposit, which they flat refuse to do. In fact, they have told me that my cancellation insurance does not cover Covid, and as I am cancelling less  than two months before the start of the holiday, I owe them 75% of the total price of the holiday, so I am due them another €132.
I paid the deposit by credit card, but when I phoned the card issuer this morning, they have stated they cannot do a chargeback, as the campsite is still open.  They have said they will issue a deadlock letter today, so I can go to the Ombudsman, but this is now likely to take some time.
Does anyone have any further suggestions? 

MattMattMattUK

£1J said:

Last October, 2020, I booked a holiday in Holland on a campsite.  Booked direct with the provider, and paid €652 deposit out of a total cost of €1100.  The deposit included €48 cancellation insurance, though no documentation for this was provided.

When is the holiday due to take place?

£1J said:

The balance was due to be paid this week, but, as current Dutch government regulations prevent anyone from the UK travelling to the Netherlands, except in specified circumstances.  

If you do not pay the balance then it is usually regarded as a breach of contract, or voluntary cancellation. You will probably also find that the insurance requires you to make all payments on time.

£1J said:

We had booked to travel on DFDS, who are accepting freight travel only at the moment.

If DFDS do not allow you to travel because they are only accepting freight then they will have to refund you. If they do not allow you to travel because you do not meet the entry requirements for Holland then they do not have to refund you.

£1J said:

As it is currently impossible to holiday in the Netherlands, I asked the campsite to cancel the booking and return my deposit, which they flat refuse to do. In fact, they have told me that my cancellation insurance does not cover Covid, and as I am cancelling less  than two months before the start of the holiday, I owe them 75% of the total price of the holiday, so I am due them another €132.

Have you read the insurance policy's particulars? Does it specifically exclude Covid (quite a few do).

£1J said:

I paid the deposit by credit card, but when I phoned the card issuer this morning, they have stated they cannot do a chargeback, as the campsite is still open.  

That is correct, chargeback is not a get out of jail free card, if you legally owe the money the will not refund you.

£1J said:

They have said they will issue a deadlock letter today, so I can go to the Ombudsman, but this is now likely to take some time.

Unfortunately at the moment it will probably take months and based on what you have said in your post the ombudsman will agree with the card provider.

£1J said:

Does anyone have any further suggestions? 

You should look to claim on the travel insurance you took out which covers your for Covid related disruption.

Upsidedownandaround

You will need to read the terms and conditions you agreed to. If the campsite is still open it’s unfortunately not their problem you can’t get there. Therefore unless your deposit is refundable, which is unlikely, it will be a matter for your insurance if you are covered.

Ask them for details of the insurer you have bought from. If you bought insurance through the campsite you should really have checked out the policy and who you were buying the insurance from as it will have been from a 3rd party.

Unfortunately this is the risk you run when making booking in a foreign country during a pandemic.

You can only make a claim on your card for a breach of contract which from the information you have provided so far their doesn’t appear to be one if you paid a non-refundable deposit.

Thrugelmir

£1J said:

The balance was due to be paid this week, but, as current Dutch government regulations prevent anyone from the UK travelling to the Netherlands, except in specified circumstances. 

When are you due to travel?  Paying the balance due in accordance with the contract  and whether travel will be permissible at the time are totally separate matters. At the moment you are cancelling the booking.