Change in accommodation

Larrissa

Hi.  We have booked a self catering cottage for our holidays but since booking one of my must have amenities has been removed.  I need a bath for reasons I won't go into but they have since ripped it out.  I would never have booked z cottage without one.  I only noticed when I went on to check something else.  I have emailed them to check and they have confirmed.  I would like to canx and book somewhere else but just wondered where I stood with getting my deposit back.  To me it is now not as advertised.

elsien

How far off is the holiday and what do the terms and conditions of the booking say  with regards to cancellation?

the_lunatic_is_in_my_head

Hello OP

As above you'd have to check the terms with regards to them altering the service, however the Consumer Rights Act states:

A term which has the object or effect of enabling the trader to alter the terms of the contract unilaterally without a valid reason which is specified in the contract.

is subject to being tested fairness. Guidance from the CMA stipulates such terms can not be vague so "we reserve the right to change the amenities" doesn't cut it, they'd have to be specific about which amenities and under what circumstances.

Given this is a remodel I doubt the terms mention this and they obviously can't put a bath in for you so I'd say odds are you are entitled to your deposit.

First thing to do is inform them that you are going to cancel including stating it's because of the bath advertised not being included, hopefully there will be no arguments, if there are pop back and we can draft a letter/email for you to send as to why you they should refund. 

If that's required posting a copy of the terms and conditions (with any personal info removed) would be handy  

Grumpy_chap

Larrissa said:

Hi.  We have booked a self catering cottage for our holidays but since booking one of my must have amenities has been removed.  I need a bath for reasons I won't go into but they have since ripped it out.  I would never have booked z cottage without one.  I only noticed when I went on to check something else.  I have emailed them to check and they have confirmed.  I would like to canx and book somewhere else but just wondered where I stood with getting my deposit back.  To me it is now not as advertised.

Is the booking direct with the holiday cottage owners, via a service like Air B'n'B, or via an aggregate brand such as Cottages 4 U?

None of that changes your consumer rights, but it may change the process and ease of the revision that is now necessary.

Larrissa

The booking is direct with the cottage and the terms and conditions relevant are below.  I'm pretty sure that I'm not liable for the full amount after paying a deposit.  I thought I could cancel at any time up to paying the full amount and at worst just lose the deposit?

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Deposit

To secure your holiday dates you must pay a deposit £100 or the total amount if within 4 weeks of the start of your holiday.  The £100 deposit is payable within one week of making the booking.  The booking is confirmed once we have sent you the receipt and written booking confirmation. We strongly urge you to ensure you have adequate Travel Insurance as by paying the deposit you are agreeing to pay the full payment for your holiday and damage deposit.

Cancellation

If we can re-book any cancelled dates we will refund you all monies paid minus any financial or other discounts/offers made in order to secure a new booking. We strongly urge you to ensure you have adequate Travel Insurance in place.  It is now possible to get travel insurance that covers testing positive for COVID.  I am happy to provide all paperwork required to support your travel insurance claim if you need to cancel.

the_lunatic_is_in_my_head

Larrissa said:

The booking is direct with the cottage and the terms and conditions relevant are below.  I'm pretty sure that I'm not liable for the full amount after paying a deposit.  I thought I could cancel at any time up to paying the full amount and at worst just lose the deposit?

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Deposit

To secure your holiday dates you must pay a deposit £100 or the total amount if within 4 weeks of the start of your holiday.  The £100 deposit is payable within one week of making the booking.  The booking is confirmed once we have sent you the receipt and written booking confirmation. We strongly urge you to ensure you have adequate Travel Insurance as by paying the deposit you are agreeing to pay the full payment for your holiday and damage deposit.

Cancellation

If we can re-book any cancelled dates we will refund you all monies paid minus any financial or other discounts/offers made in order to secure a new booking. We strongly urge you to ensure you have adequate Travel Insurance in place.  It is now possible to get travel insurance that covers testing positive for COVID.  I am happy to provide all paperwork required to support your travel insurance claim if you need to cancel.

Those terms are fine (pretty good actually) if you wanted to cancel because you've changed your mind, however you are looking to cancel due to a change in the amenities so any terms that mention they may change something (amenities or any aspect of service) are what we're looking for  

If there aren't any then they should refund the £100 in full, if there are any depends what the terms state but as above best to ask them to cancel and see what response you get.  

PHK

In these sort of circumstances the advise is to speak to the other party and politely  explain that you need a bath so must cancel and expect your deposit back. 

If they won't then come back to us with exactly what they've said as the reason why