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Holiday accommodation cancellation - gramar

In February 2020 I booked 3 nights B&B accommodation for October 2020 direct with a hotel in London and paid in full on my credit card. COST £380.

In light of the impact of the Coronavirus outbreak on UK holidays I am minded to cancel and rearrange a visit another time. I’m not confident all restrictions will be lifted by October and if not eating out, shopping, sightseeing and theatre etc; may not be possible. Currently the Government lockdown rules allow “for you to make visits to enjoy parks or something with pleasure status but you can't stay overnight

I’ve checked the hotel website and they do not list any terms and conditions. All I have is a copy of my reservation with this statement -- A credit or debit card is required to charge full pre-payment at the time of booking. This is non refundable and cannot be modified in the event of a cancellation

It seems by paying in full upfront I have no right to cancel. I think the contact term used is unfair and makes the contract unenforceable in law. Does anyone agree?

Edited by gramar on 07/06/2020 at 14:22

Holiday accommodation cancellation - Brit_in_Germany

I would not see that provision as being unfair. Normally there are several options, fully flexible with a right to cancel up to the day of arrival and fully paid at a lower price with no cancellation right. If the "second wave" arrives in time and the hotel is closed, you would then have a right to a refund.

Holiday accommodation cancellation - Bromptonaut

It seems by paying in full upfront I have no right to cancel. I think the contact term used is unfair and makes the contract unenforceable in law. Does anyone agree?

I'm not sure that I do. Pay in full at booking, no cancellations or changes, is a common condition for advance bookings and usually secures the deepest discount. Most of the chains like Premier Inn, Travelodge or Accor will offer a more flexible arrangement for a modest increase in cost.

October is still some four/five months away (depending on which end of the month the booking is). It's too far out to know yet whether some or all of the activities you mention will be available or in some restricted format. If I was guessing I'd say sightseeing is possible even now, as is some limited shopping with further easing promised. Theatre is the most likely casualty.

If by, say, 3 weeks before your visit it still looks as though London is in total lockdown with second, third or subsequent wave it might be different.

Try these guys for a professional opinion:

https://www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/

Holiday accommodation cancellation - gramar

Thanks to you both Brit_in_Gerrmany and Bromptonaut for your advice. I was thinking along similar lines but wondering how long before I should act.. I'll wait awhile to see how things pan out and if nearer the time we're still facing the same or worse restrictions, politely request a refund.

Holiday accommodation cancellation - FP

"All I have is a copy of my reservation with this statement -- A credit or debit card is required to charge full pre-payment at the time of booking. This is non refundable and cannot be modified in the event of a cancellation

It seems by paying in full upfront I have no right to cancel. I think the contact term used is unfair and makes the contract unenforceable in law. Does anyone agree?"

It seems to me to be a straightforward issue of contract law. You have entered into a contract with the hotel and as part of this have paid for a service that the hotel has agreed to provide. Unless the hotel cannot or will not provide the service, you have no right to expect a refund on the basis that you don't fancy travelling. Even if you were ill and physically unable to travel you have no right to expect a refund - though in that situation you could appeal to the hotel management's compassionate side.

Certainly contracts need to be fair and reasonable and it's remotely possible a lawyer might be prepared to argue in court about this - at (your) considerable expense, of course. But common sense suggests it's not unreasonable. You knew what you were getting into and were not deceived or coerced.

As others have suggested, your best bet is to sit tight and see what happens. If the hotel is closed for the dates of your booking you can then demand your refund.

Holiday accommodation cancellation - daveyjp

October is still a while away so you do need to wait.

If you cancel now you lose the money as that is what you agreed..

If the hotel cancels you are due a full refund as they can't honour the contract they entered into with you i.e. to provde you accommodstion for three nights.

Edited by daveyjp on 08/06/2020 at 12:48

Holiday accommodation cancellation - Joe-Alex

Have you contacted the hotel and asked whether you could get your deposit back? Given the current climate, I would hope that they would be more understanding when it comes to cancellations.

Holiday accommodation cancellation - Joe-Alex

Any luck gramar?

Holiday accommodation cancellation - melkumew

Gonna be hard to return your money. Check gov website - https://www.gov.uk/guidance/travel-advice-novel-coronavirus

Holiday accommodation cancellation - FP

I don't see the relevance of the link, which about the UK government's advice re. foreign travel. The OP is asking about a hotel booking in the UK.

It's clear the hotel has no legal obligation to return the money paid, unless or until they cancel the booking. As things now stand, it looks more likely than not that hotels will have re-opened by October.

Holiday accommodation cancellation - gramar

Payment refunded to my credit card account by B & B last week following email request.

If you don't ask you don't get.

Holiday accommodation cancellation - FP

I'm glad you got your money back and that the hotel felt it was a good thing to do.

Yes, it was worth asking, even though there was no legal basis for the refund, especially as overnight stays are now allowed.

Travelodge have been similarly generous to me, with a paid-for booking where the first of the two nights was cancelled by them, but the second not. They offered me money back for the whole stay, or a voucher for the cost of the booking, plus 20%.

Edited by FP on 26/07/2020 at 11:22

Holiday accommodation cancellation - Joe-Alex

I'm glad to hear you got your money back and that the company felt it was the right decision to make. And, as you said, if you don't ask you don't get.