Holiday refund if too scared to go

heatherw_01

Moving to the Covid travel board


Hi, we move threads if we think they’ll get more help elsewhere (please read the forum rule) so this post/thread has been moved to another board. If you have any questions about this policy please email forumteam@moneysavingexpert.com.

michael1234

Welchyy0709 said:

Does it not make a difference if booked the holiday BEFORE the pandemic?

Many people of here give the old line of "what do the terms and conditions say?" You should remember that consumers have a huge number of rights as I have found out to my cost in court on more than one occasion. In fact in one small claims case the judge started by saying something like ".....there is a huge raft of consumer legislation designed to protect consumers.....". I was a director of the buisness at that time and needless to say we lost.

Moreoever, we as consumers enter into contracts several times per day - even buying a pint of milk is entering into a contract. We are not expected to read every business' small print. In particular, if there are terms such as large administration fees being applied they should be displayed prominently at the time of purchase. Clicking a box to say you've read all the terms won't cut it. My understanding is its all about what a "reasonble person" would do. Would they read all the Ts&Cs before booking? I doubt it. 

Also, there are many people contributing here who have a vested interest in consumers not exercising their rights and claiming refunds. Therefore OP, I would not unfortunately, take on board any advice given here. Get it where you are sure those who are replying are at least neutral and preferably have professional training.

CKhalvashi

michael1234 said:

Welchyy0709 said:

Does it not make a difference if booked the holiday BEFORE the pandemic?

Many people of here give the old line of "what do the terms and conditions say?" You should remember that consumers have a huge number of rights as I have found out to my cost in court on more than one occasion. In fact in one small claims case the judge started by saying something like ".....there is a huge raft of consumer legislation designed to protect consumers.....". I was a director of the buisness at that time and needless to say we lost.

Moreoever, we as consumers enter into contracts several times per day - even buying a pint of milk is entering into a contract. We are not expected to read every business' small print. In particular, if there are terms such as large administration fees being applied they should be displayed prominently at the time of purchase. Clicking a box to say you've read all the terms won't cut it. My understanding is its all about what a "reasonble person" would do. Would they read all the Ts&Cs before booking? I doubt it. 

Also, there are many people contributing here who have a vested interest in consumers not exercising their rights and claiming refunds. Therefore OP, I would not unfortunately, take on board any advice given here. Get it where you are sure those who are replying are at least neutral and preferably have professional training.

Michael, the point of a forum is to ask for advice and be given it. Your particular situation may have been different to this situation, however travel is very heavily regulated in general, especially package travel.

This is OP potentially choosing to cancel, and the agency in this case likely will have contracts with suppliers that they need to pay something towards. I don't think it's unreasonable for OP to bear these costs in this event, nor would any 'reasonable person'.

If your view ends up as legislation, we are going to turn into a country where the whole balance has to be paid in full with no refunds permitted under Linked Travel Arrangements by different parties. This definitely isn't how I want to see the industry go, and I'm sure it wouldn't help many others.

There are many posters here with a lot of experience both in the industry and in consumer rights, and many terms will be written by qualified professionals before becoming terms. We all know that 2 lawyers can have 3 different opinions on something and I believe it's clear that most of us here are not lawyers.

Ultimately while we can provide guidance to the OP based on current industry practice paired with any previous legal cases we are aware of, as someone with financial connections to the sector in general, as I have mentioned multiple times previously to you, I have no interest in either the company mentioned or any components of it. If I did, in line with forum rules, any reply I or my team would give would be via the official forum team.

I am happy therefore that I can act independently in anything I post, and I'm sure others are in this position too.

eskbanker

michael1234 said:
OP, I would not unfortunately, take on board any advice given here.

I agree with the previous post above, and would just add that it really doesn't serve any useful purpose for you to simply rubbish what's posted on here without making the slightest attempt to offer any meaningful counter-argument beyond a blanket 'Ts & Cs can't override statutory rights' (which in itself isn't debatable btw) and 'nobody on here is a lawyer'.

By all means, read the posts and engage by supplying constructive alternatives, but just pooh-poohing everyone's ability to say anything useful while failing to do so yourself is a waste of everybody's time.

In other words, if you're asserting that OP having booked prior to the pandemic does make a difference, please be clear about this, and explain your reasoning....

onashoestring

There are many companies with T&Cs which are unfair and hidden away amongst reams of information.

However in this particular case the terms and conditions are quite clear on the website , not hidden away and seem perfectly reasonable. A small non-refundable deposit taken when you book and that is made clear when you book .

The transport and accommodation have been reserved for the OP since last year , if they choose to cancel now the TA has only 10 weeks to fill their place , which may not be possible . So the Hotel, and transport provider will be out of pocket because of the OP no longer wants to travel.   That is why a deposit is taken and kept if the customer changes their mind .

elsien

I have no vested interest in the travel industry. 

However I do see quite a large difference between spending a quid on a pint of milk and £800 on a holiday and would always read the cancellation/refund terms and conditions as a bare minimum for any holiday I book or any expensive purchase I make. Plus checking out the company I am buying from and where they are based. Anyone who just ticks a box in those circumstances is not carrying out due diligence. 

The OPs reasons not to travel are based on their fears. There is nothing preventing them from travelling except what is going on in their head. If they were battling to get money back because of government restrictions or flight cancellation then I’d be telling them how to do it - been there myself. But they’re not.
It’s not hugely different to if I decided I didn’t want to go on my holiday next week because I didn’t like the weather forecast. Both are disinclination to travel and you take the hit for cancellation. 

Butts

Welchyy0709 said:

They demand full payment on 11th October and the holiday is not until 21st December. if not we loose what we have paid already which is the deposit of £200 i believe it is.

If you don't want to go then a £200 loss although annoying is not a massive amount for your peace of mind.

Personally I wouldn't hesitate in travelling but each to their own.

sheramber

michael1234 said:

 Therefore OP, I would not unfortunately, take on board any advice given here.  

That would apply to your advice as well, wouldn't it?

mjm3346

Based on a £1000 holiday and a £200 deposit and using the T&Cs quoted you will potentially have to pay extra if you cancel when there are 70 days or less to go before the holiday

More than 70 days  Deposit only

29-70 days 50% or deposit if greater  - you will have to pay another £300

15-28 days 75% or deposit if greater - you will have to pay another £550

14 days or later - 100%   - you will have to pay an extra £800

bagand96

michael1234 said:

Welchyy0709 said:

Does it not make a difference if booked the holiday BEFORE the pandemic?

Many people of here give the old line of "what do the terms and conditions say?" You should remember that consumers have a huge number of rights as I have found out to my cost in court on more than one occasion. In fact in one small claims case the judge started by saying something like ".....there is a huge raft of consumer legislation designed to protect consumers.....". I was a director of the buisness at that time and needless to say we lost.

Moreoever, we as consumers enter into contracts several times per day - even buying a pint of milk is entering into a contract. We are not expected to read every business' small print. In particular, if there are terms such as large administration fees being applied they should be displayed prominently at the time of purchase. Clicking a box to say you've read all the terms won't cut it. My understanding is its all about what a "reasonble person" would do. Would they read all the Ts&Cs before booking? I doubt it. 

I suppose a good start would be to point out the relevant rights and legislation that can get the OP out of the contract penalty free…