Non refundable pre-paid Christmas meal

Eldsmum12

Back in the summer, I made a Christmas lunch booking at a local hotel for me and my family. It was expensive, around £100 a head. At the time of booking, full payment was required and the confirmation email stated the prepayment was non refundable, non-exchangeable. 

I have recently contracted Covid so I won’t be able to go and my family will have to self-isolate so won’t be able to go either. The FAQs for the booking state that in the event of a member of the party contracting covid then no refunds/exchanges will be allowed. It also states that people who should be self-isolating are asked not to attend. 

Is the no refund or exchange policy reasonable? I’ve been reading on the Competition and Markets Authority website about Unfair contract terms and how they can sometimes be unenforceable. 

photome

Not sure about their refund policy but the rest of the family dont need to self isolate if they are in any of the below catergories.

When you do not need to self-isolate

If you live with or have been in contact with someone with COVID-19, you will not need to self-isolate if any of the following apply:

• you're fully vaccinated – this means 14 days have passed since your final dose of an approved COVID-19 vaccine
• you're under 18 years and 6 months old
• you're taking part or have taken part in an approved COVID-19 vaccine trial
• you're not able to get vaccinated for medical reasons

Bradden

Were you aware of the conditions at the time of booking? I would have thought the company would have ordered food etc by now so it doesn't seem unreasonable.

Aylesbury_Duck

They have an obligation to minimise their losses, but with just days until Christmas, they're unlikely to be able to find a replacement booking, so their stance doesn't seem unreasonable.

As photome points out, your family don't have to self-isolate, so they can go.  Unless they've chosen not to get vaccinated of course, but then that would be their own silly choice in those circumstances.

pinkshoes

Why don't you just get them to cook the food but have it as a take away rather than eating in the restaurant?

Why do your family have to isolate?? Have they all tested positive too? If not, they should go ahead and enjoy the meal. 

screech_78

The OP could be in Scotland. If so, household contacts of positive cases must isolate for 10 days regardless of vaccination status or negative tests. 

It doesn’t really matter though, as you have broken the contract and that’s not the restaurants fault. They’ll be unlikely now to find another table and so the £100 per head probably isn’t unreasonable. 

Eldsmum12

Thanks all for the replies. I got mixed up with the guidance as it changes so often. I’m in Wales so I believe my family (all fully vaccinated) could still go and hopefully bring me some food back :-) 

Brie

I would definitely be contacting the place and explain the situation.  Most establishments seem to be incredibly willing to provide an enjoyable meal in these sorts of circumstances.  I would expect that if there's 1 person or 4 people missing lunch then they should provide this food to be taken away at the end, along with a suitable selection and amount of drinks to go with it.  

Peter999_2

Sorry you're not well and will miss the meal though.  I can imagine that you have been very much looking forward to it.

pinkshoes

Eldsmum12 said:

Thanks all for the replies. I got mixed up with the guidance as it changes so often. I’m in Wales so I believe my family (all fully vaccinated) could still go and hopefully bring me some food back :-) 

I would certainly phone the restaurant and explain one of the party will not be able to come due to having COVID, so would it be possible for their meal to be packaged up as a take-away to be eaten later! As they don't offer refunds then this would only be fair.

Jenni_D

pinkshoes said:

Eldsmum12 said:

Thanks all for the replies. I got mixed up with the guidance as it changes so often. I’m in Wales so I believe my family (all fully vaccinated) could still go and hopefully bring me some food back :-) 

I would certainly phone the restaurant and explain one of the party will not be able to come due to having COVID, so would it be possible for their meal to be packaged up as a take-away to be eaten later! As they don't offer refunds then this would only be fair.

Agreed. And if they refuse then you'd have a case to sue them for a refund - they can't keep the money and the food.