Can I get my deposit back?

emmaP86

We booked a holiday to Turkey at the start of the year for a 5* hotel due to open on 01 May 2025. We booked to travel on 03 July 2025 for ten nights. All images were AI and hotel’s stance was it was on schedule and due to open on time. 

We then started to follow a new Facebook page and soon realised that it looked very behind schedule. The hotel continued to plead ignorance and state it would be ready for 01 May.

Our gut told us something wasn’t right and we cancelled the booking, losing our deposit in the process.

Fast forward to YESTERDAY (key date) and the hotel was still under construction with dates moved twice in May, then to 01 June and latest opening date is now 15 June. 

TODAY, part of the hotel structure collapsed. There is no way this will be finished, undergo some serious repairs and pass some significant building inspections. 

Most importantly, the workers were rescued from the rubble and as it stands, nobody was killed. 

My gut was correct that the hotel were not on schedule and I genuinely believe now that if we’d have kept our holiday, it would not be open for 03 July. 

Now I appreciate there are risks to be taken with booking a new build hotel however, we felt that 2 months would be a reasonable cushion and the hotel were adamant (in February ‘25) that it would not be delayed. 

If you’ve got this far, my question is, can I do anything about my lost deposit? We cancelled because we could clearly see it would not be ready in time (even prior to the collapse) but if it gets to our holiday date unopened, can I find a way to claim my deposit back? I know we cancelled but we felt trapped and forced to either pay the full balance and be over a barrel/things would be more expensive the closer we got to our travel date or cancel and lose the money. 

Someone please tell me there’s a loophole I can wiggle through here!! 🙏

IvanOpinion

I would not be hopeful - you cancelled.

RavingMad

Perhaps you should have carried on with your booking as you would have gotten a full refund or another choice of hotel (which doesn't have to be accepted) when they realise that the hotel wasn't going to be ready in time for your holiday.

marcia_

 You should have waited for the travel agent to offer cancellation or another holiday. You could then have opted for cancellation and got everything back. As you cancelled yourself that isn't true 

Westin

I agree with the other replies.

Had you left things to progress then the holiday company would have either offered a replacement hotel or a refund.  You however jumped the gun and cancelled.  Booking conditions no doubt explained the loss of deposit in the event of you cancelling.

emmaP86

RavingMad said:

Perhaps you should have carried on with your booking as you would have gotten a full refund or another choice of hotel (which doesn't have to be accepted) when they realise that the hotel wasn't going to be ready in time for your holiday.

We cancelled on the day the £8k balance was due to be paid in full. I’m glad we cancelled and had no regrets. That’s not what I’m asking anyway! Now the hotel won’t be open on our date, I wonder whether we can get the deposit back, as we would have got a full refund including deposit had we committed (way too stressful) 

emmaP86

RavingMad said:

Perhaps you should have carried on with your booking as you would have gotten a full refund or another choice of hotel (which doesn't have to be accepted) when they realise that the hotel wasn't going to be ready in time for your holiday.

That was not going to be an option. It was blatantly obvious it would not be ready for 03 July but the your operator laughed at our concerns stating it was on track for 01 May. 

We cancelled the day our £8k balance was due so we were not trapped as the travel companies are not offering like for like hotel exchanges. 

Either swapping for cheaper hotels that aren’t the same (ie booked a swim up room but not given a swim up room etc) and not returning the difference or making people pay considerably more. 

And of course, if we were to get a full refund, the prices have all gone up considerably as we are now so close to the travel date. Letting it run into these options was not an option (I’m now part of the hotel group so am seeing this daily in posts) but once we discovered the photos (group was not set up when we booked) we knew it would not be ready (we work in construction) and now the hotel has partially collapsed due to the rushing to finish, it looks like it will be closed this season.

la531983

emmaP86 said:

RavingMad said:

Perhaps you should have carried on with your booking as you would have gotten a full refund or another choice of hotel (which doesn't have to be accepted) when they realise that the hotel wasn't going to be ready in time for your holiday.

We cancelled on the day the £8k balance was due to be paid in full. I’m glad we cancelled and had no regrets. That’s not what I’m asking anyway! Now the hotel won’t be open on our date, I wonder whether we can get the deposit back, as we would have got a full refund including deposit had we committed (way too stressful) 

The answers don't change. You blinked first.

I stupidly cancelled a flight during Covid and lost almost the whole balance, turned out the airline cancelled it a few weeks later anyway and I would have got a refund.

This is the same situation.

NoodleDoodleMan

As said previously, cancellation results in loss of deposit at the very least.

It would be useful to know the travel operators involved.

You MIGHT (I'm no lawyer) make a legal case based on goods as described not being available at the time of travel, therefore the contract cannot be honoured and is rendered null and void ?

That would open a Pandora's Box of litigation issues of course.

Ayr_Rage

NoodleDoodleMan said:

As said previously, cancellation results in loss of deposit at the very least.

It would be useful to know the travel operators involved.

You MIGHT (I'm no lawyer) make a legal case based on goods as described not being available at the time of travel, therefore the contract cannot be honoured and is rendered null and void ?

That would open a Pandora's Box of litigation issues of course.

No chance of legal action, the date of travel is in July with a current predicted opening date still over 3 weeks away.

The OP jumped and has cancelled the contract.

sheramber

Did you ask your travel agent if you could switch to another hotel , as the current one being open in time was doubtful? 

That might  have been an alternative to cancelling and losing your deposit. 

Having cancelled you now have no booking so there would not be any claim for return of your deposit.