My UK based holiday has been cancelled. Legal advice please.

[PriscillaPresley]

I booked a UK (England) cottage holiday through Welcome Cottages. Have paid in full. Due to go next week.

They've emailed me to say they've cancelled my holiday and they have credited my account to use against another holiday booked through them within 12 months.

Can they do this? Ideally I'd like a refund.

If I'm entitled to a refund, could you give me the phrase that I use to justify my request.

I am also in the UK (England)

Thanks.

Have you asked explicitly for a refund?

I mean because in the past I’ve had a refund of flights that the company was going to give me vouchers for, so I asked for a bank transfer instead and got it. Sometimes it can be as simple as that.

Have a look on MSE, I think there are specific guidelines for travel now in light of Coronavirus. I’d always just take my chances and ask the company directly first, you never know they might say yes!

Go direct through your bank and request a refund due to not receiving the goods you paid for.

I had exactly the same with HoSeasons. Paid my debit card, then park shut so holiday cancelled, and they refused to refund, saying I could only use the money towards another holiday.

Bank are refunding

You'er entitled to a full refund. They're trying it on. How did you pay? If by credit card you ask the card company to refund you. If by debit card sometimes the bank will do a charge back but I'm not sure how this works.

I haven't asked yet. I got the email today - presumably everyone got the same.

So as I'm entitled to a refund, I'll ask them for one tomorrow. If they refuse, I'll try and get one via my bank.

Thanks.

Depends on what terms and conditions you signed AFAIK. I looked and seemed to say they are owned by Novosol and refund is an option.

I had accommodation booked through Novosol abroad in the summer, they cancelled it and told me I had 2 properties I could go to instead for same price neither were suitable. I phoned to explain that and asked for a refund and they gave it. Wouldn't use them again.

Didn't the rules change on this on Monday?

Can someone advise me then, got an email and on the FAQ it says I can’t have a refund just transfer the dates to another time.

www.suffolkcottageholidays.com/blog/2020/03/covid19-customers-faqs?dm_i=1WCK%2C6SRU6%2CWW8DFG%2CR7N0O%2C1

Do you have travel insurance OP? Might be able to claim against that.

So you have insurance? You could claim it back through that

There was certainly talk of the rules changing. If all the travel companies/ airlines etc have to refund then when we can all travel again there will be no way to do so, no companies, not flights etc.

What they were talking about was a credit note valid for 2 years and if at the end of those 2 years you hadn't used it you would get your money back. If the company goes under the Gov will pay.

We're in a similar boat. Owner refusing to refund and is also profiting from the situation by refusing to refund a £180 cleaning fee which is clearly not an expense they will have now.

Insurance company is overwhelmed and are saying we need to get a refund from the owner. We booked through a well known platform who have asked all owners to fully or partially refund or offer credit for a future stay or risk being expelled from the platform. Owner refuses to do any of this. He doesn't seem to care as his property is listed on other platforms as well. That our cleaning fee isn't even being returned which means they are profiting from our situation is so wrong.

We are now trying to chase it up with insurance but it isn't looking optimistic. Failing that, we've been advised to raise a dispute with the credit card company.

Good luck OP. Hope you get your money back.

Parkdean tried to get away with changing dates (and paying the difference) then vouchers and finally gave full refunds. They have closed, they are not fulfilling their end of their contract therefore of course you are entitled to a refund. Travel insurance will cover you if you are sick and can't go, if you can't get there because of travel problems etc. but if they cancel the hotel, holiday park etc. refunds. They might offer a deal, Parkdean offered a 120% voucher or a 100% refund.

Bookmarking - on another thread one of the posters got their money back after being fobbed off saying they could only rebook, but persistence worked.

I have asked for a refund from company after they cancelled and waiting to hear.

Depends on what terms and conditions you signed AFAIK

No it doesn't. Their terms and conditions cannot take away your legal rights.

Didn't the rules change on this on Monday

No. There have been suggestions that the government will change the rules to give package holiday providers longer to pay refunds but the rules have not yet been changed.

They are allowed to offer you a swap/transfer/vouchers but you don’t have to accept them.

You are entitled to a refund.

@prh47bridge - what are the legal rights (so I can quote them) please? And do they apply to overseas holidays too, do you know?

If you have booked a package holiday and it is cancelled or changed significantly you have the right to a full refund with no cancellation fee, or an inferior quality substitute with a refund for the price difference, or an equivalent or superior holiday without any additional charge. The operator does not have to provide the other options but must give you the option of a full refund.

Note that many holidays booked through online travel sites are not package holidays even though you have booked travel and accommodation at the same time.

If you haven't booked a package holiday and your accommodation is not going to be available you have the right to a full refund. However, if your transport is still available you may not be entitled to any refund of your fares. Similarly, if your accommodation is still available but your transport is cancelled you should get a refund for the transport but you may not be entitled to a refund of your accommodation costs.

If you have booked with an overseas trader (including booking through an online website which acts as agents for the trader) it may be harder to determine which laws apply and hence what rights you have. In that situation, if they don't offer a refund it may be easiest to claim against your credit provider if you can. If you have paid for any part of your holiday using a credit card and the total cost of the holiday is between £100 and £30k you can claim from your card provider. Whilst the total cost must be at least £100, your card provider is liable even if you've only paid 1p by credit card. Unfortunately you don't have the same protection if you paid by debit card but it is still worth asking your card provider. They may be willing to provide a refund.

Thank you @prh47bridge.
That’s really helpful.

@prh47bridge May I please PM you about my accommodation only accepting transfers and expecting us to pay any difference in price? I really just want a refund as we aren’t going to want to use the cottage in the future

You can but I doubt my advice would be any different to what I've posted here for the OP. To reiterate, if they are refusing a refund you should write to them stating that you want a full refund (specify the amount), giving them a reasonable deadline to comply and stating that you will take legal action if they fail to do so. If they do not provide a refund by the deadline you can lodge a claim with the small claims court.

Thank you, I’ve also found this in the t&cs,
“ 16. AVAILABILITY
The Hiring Contract is made on the understanding that the holiday home and its facilities as published will be available for the dates stated. In the unlikely event that a property is not available through events arising outside the control of the Owner/SF then the Owner/SF may be forced to cancel the booking and you will be advised as early as possible. Where possible, you will be offered suitable alternative accommodation, which, if not acceptable, will entitle you to a refund of all monies due. You will not as a result have any further claims against SF or the owner. Please note that reservation requests taken via our website are not confirmed bookings until we have contacted you and accepted a deposit.”

That basically says I can have a full refund right?

Yes, it does. Advise them that their proposed transfer is unacceptable so, in accordance with clause 16 of their terms and conditions, you want a full refund.

I've emailed them asking for a refund as I couldn't get through on the phone. I'll let you know how I get on.

Thank you for all who have offered advice... We may be needing it too.