Refund for booked meal at Contini’s Edinburgh

Laineyrose

I booked a meal at Contini’s on line for my friend and I for Hogmanay 31 December 2021.  I gave my card details to confirm booking. I was then contacted to pay £90 for the a la Carter meal and that my card details weren’t enough to ensure the booking.  I was a bit hesitant about this, as how can you say that amount when it doesn’t make allowances for drinks etc. I did agree because I had booked it when Hogmanay was still going ahead and proved difficult to book anywhere else. Unfortunately Hogmanay celebrations were cancelled by Nicola Sturgeon because of Omicron variant. I phoned before Xmas day to cancel and requested a refund.  I was told I couldn’t do this as they were remaining open, and only refund if they were able to resell the table.  In January I was emailed to say I could only receive a voucher as they couldn’t resell the table and the voucher would only be for six months!  I wasn’t best pleased as a) six months isn’t very long and b) there are no other Contini’s near to where we live in Leeds, so means we have to travel back up to Edinburgh by train which is a lot of money!
Can anybody advise whether it is legal to pay up front for a meal as I do not recall ever having to do this. I know accommodation I have done this but not for meals.  Also on there website for December and I quote ‘all bookings require card details in order to confirm your table. If you cancel giving us less than one weeks notice we will charge the card details provided £25 per person’. There was nothing to say you had to pay the full amount of the meal up front.

Ditzy_Mitzy

You appear to be suggesting that Contini's were, in fact, open on the night you had booked to go; you, however, decided not to as the result of cancellation of other Hogmany events completely separate to Contini's and their premises.  This is, therefore, a case of you electing not to attend and you will be reliant on the restaurant's own policies.  
As for legality, yes of course it's legal for restaurants to charge in advance.  

TELLIT01

What date did you actually cancel on?  It is certainly legal for a restaurant to demand pre-payment and they will do particularly for high demand dates (and high cost to them for staffing).  All you can do at this stage is get back on to them and quote their own t&c regarding cancellation if you did give them more and 1 week notice AND there was nothing in their terms specifically regarding Xmas and New Year's Eve bookings at the time you booked.

MobileSaver

Laineyrose said:

 on there website for December and I quote ‘all bookings require card details in order to confirm your table. If you cancel giving us less than one weeks notice we will charge the card details provided £25 per person’.

Based on that, assuming it was a table for two, you are at least entitled to a £40 refund so your choice could be to ask for that or accept the £90 goodwill voucher.

However, assuming "before Xmas day" means Xmas Eve or earlier, then in fact you gave more than "less than one weeks notice" and so technically that clause is invalid. Were there any other terms and conditions relating to cancellation when you booked? If not then their standard "Within 48 hours – 23.59 day prior to the booking a £10 per person will be charged to the card provided" and so for two people you would be entitled to a £70 refund.

jon81uk

Website states hogmanay is non-refundable
Hogmanay at Cannonball House - Contini Edinburgh

Ditzy_Mitzy

jon81uk said:

Website states hogmanay is non-refundable
Hogmanay at Cannonball House - Contini Edinburgh

Seems like a fairly open and shut case.  The restaurant appear to have gone out of their way to help the OP, if anything.  

MobileSaver

jon81uk said:

Website states hogmanay is non-refundable
Hogmanay at Cannonball House - Contini Edinburgh

Good find although the page isn't dated so only the OP knows whether he booked from that page and whether it said "non refundable" at the time. The page states that some packages are already sold out so has almost certainly been updated from when it was first published.

There's also an argument that it's an unfair and therefore unenforceable term, particularly as it appears to be contradicted on various other pages on the web site. All in all I think the Contini are on the back foot with this one, there are no obvious clear and consistent terms and conditions regarding cancellations and if the OP took this to court he should easily win; courts generally side with the consumer when presented with business terms and conditions that are ambiguous and have omissions.

Having said all that, it was always a risk to book during the pandemic so the pragmatic solution might be to push for losing just the £10 cancellation charge as the time, effort and stress won't be worth £20 to most people.

emmajones1976

MobileSaver said:

jon81uk said:

Website states hogmanay is non-refundable
Hogmanay at Cannonball House - Contini Edinburgh

Good find although the page isn't dated so only the OP knows whether he booked from that page and whether it said "non refundable" at the time. The page states that some packages are already sold out so has almost certainly been updated from when it was first published.

The page mentions Covid so it has to pertain to either 2020 or 2021. 

The source data says last updated 29th Dec 2021, actually.

Ditzy_Mitzy

emmajones1976 said:

MobileSaver said:

jon81uk said:

Website states hogmanay is non-refundable
Hogmanay at Cannonball House - Contini Edinburgh

Good find although the page isn't dated so only the OP knows whether he booked from that page and whether it said "non refundable" at the time. The page states that some packages are already sold out so has almost certainly been updated from when it was first published.

The page mentions Covid so it has to pertain to either 2020 or 2021. 

The source data says last updated 29th Dec 2021, actually.

And we get to the point about the contract being in a durable medium.  Pound to a penny the OP has got a booking confirmation email.  What does that say, OP?

sheramber

Nightclubs were closed but pubs and restaurants were restricted to tables service only.

Up to three households could meet.

So, no reason why you could not go.

I

Laineyrose

Thank you for all your comments.  The way they dealt with the whole situation was very poor.  The quote I gave is what they sent to me when confirming booking and the cancellation policy was specifically for December. I had booked with the Contini Restaurant on George Street, so if they had given a different cancellation policy on their Cannonball House that is a poor way of running a business.  I had phoned the restaurant on 23 December to cancel, and was told to do this through an admin person, Jennie at Cannonball House as she was dealing with bookings/cancellations.  I phoned the Cannonball House and was told she was working from home.  I wasn't given a phone number for Jennie, only her email.  I emailed Jennie to cancel the booking and that my friend had been pinged so couldn't make it anyway regardless of Hogmanay being cancelled. I received an out of office and would be back on the 28 December(what a strange way to deal with bookings/cancellations by someone not in either restaurant over the Christmas/New Year period). What made it seem worse was the fact my friend and I were really looking forward to going to the Hogmanay celebrations, as we had waited two years for this, but this has left a bad taste and would not entertain ever booking again for Hogmanay.