Night in Liverpool cancelled due to covid- what are our rights?

Fu_Man_Chu

Hi, I booked an apartment in Liverpool for our annual family shopping trip. We were due to stay over on Monday the 27th and paid in full through Booking.com. Unfortunately I tested positive for covid on Christmas Eve so we're obviously unable to stay over due to isolation. I rang Epic apartments that afternoon to ask for either a refund or to move the booking. They said I must go through Booking.com. 
I then spoke to Booking.com who in turn spoke to Epic and was told that there would be no refunds.
I believe some temporary laws were brought in to protect consumers in such events but cannot seem to find anything that relates to stays in the UK, all the advice seems to relate to stay abroad.
Can anyone point me in the right direction so I can open negotiations with Epic and Booking.com?
Many thanks

eskbanker

I don't recall any such temporary laws, although the CMA did issue non-binding guidance about contract frustration in the event of lockdown laws preventing travel and/or accommodation being accessible.

However, an individual becoming infected wouldn't have any such protection, so if your booking terms didn't offer you a refund or a date change then your only other option will be to claim on your travel insurance....

onashoestring

Since April 2020 Booking.com has recommended booking either a flexible rate or an option with free cancellation . 

If you didn’t book either of these options then neither booking.com or the provider has to refund you ,so you will need to claim on your travel insurance. 

Thrugelmir

Booking non refundable rooms always carries a risk. 

Fu_Man_Chu

https://www.devonsomersettradingstandards.gov.uk/business/covid-19-general-advice-for-businesses/covid-19-accommodation-holidays-cancelled-due-to-coronavirus-guide-for-businesses/

I believe it's this that may apply

elsien

Fu_Man_Chu said:

https://www.devonsomersettradingstandards.gov.uk/business/covid-19-general-advice-for-businesses/covid-19-accommodation-holidays-cancelled-due-to-coronavirus-guide-for-businesses/

I believe it's this that may apply

What, the bit that says “

• Communicate with your client. Nothing in the legal provisions prevents a business and consumer coming to alternative arrangements (i.e. a rearranged date). Remember, these are voluntary arrangements and must be agreed by both parties.”

Or the bit that about the force majeure clause?

Booking.com have got that covered if you read their terms and conditions - they say 

“By now—the beginning of April—we can expect that our mutual customers are aware of the risk of further COVID-19 spread, and the risk they’re taking when making new reservations, particularly Non-Refundable and Partially Refundable bookings.

For all new reservations made as of April 6, 2020, we’ll no longer apply Force Majeure conditions for guests seeking to cancel or modify their booking due to the current COVID-19 outbreak. These reservations will be treated like any standard booking, according to our policies and procedures.”

I.e. if you want a refund then make a refundable booking. 

GrumpyDil

Fu_Man_Chu said:

https://www.devonsomersettradingstandards.gov.uk/business/covid-19-general-advice-for-businesses/covid-19-accommodation-holidays-cancelled-due-to-coronavirus-guide-for-businesses/

I believe it's this that may apply

Which particular bit?

That said the accomodation was open and was able and willing to provide you with the service you had paid for so why should they lose out because you caught Covid?

The options were as explained earlier to book a flexible booking or make sure you had suitable travel insurance. 

uss_tish

I had a non refundable hotel booking via Booking.com and managed to negotiate a refund via the hotel itself as Booking.com said no and just spouted the terms and conditions. This was when I had covid in September. Took quite a bit of chasing up afterwards, as Booking.com still had to process the payment. 

I suppose though it might depend how generous they were feeling based on their ability to refill the booking?

Upsidedownandaround

You clearly have no rights to a refund or a change of dates given you declined to pay extra for such flexibility.

It might be best to adopt a polite conciliatory approach for a move to what might end up being a quieter time for the apartments were you to move it to the start of next year.

You may however have ruined the chances of any goodwill if you have been contacting them on the basis you were entitled to a refund without having bothered to pay for that entitlement rather than coming from a position of looking for a goodwill gesture from them.

It’s up to the apartments whether they offer you any options out of goodwill and not booking.com.

mattyprice4004

You got ill, the responsibility to mitigate against this possibility by either insurance or booking a ‘refundable’ room is yours. 

You booked a non-refundable room which is what it says on the tin. 

Fu_Man_Chu

No, I didn't get ill. I was ordered to self isolate under UK law