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.

I had also had a cottage booked through a sister company of the one used by LochJessMonster. It has exactly the same terms and conditions. I have requested a refund. I shall let you know what happens!

I have received this response back

As you can appreciate this is a difficult time for all of us from a personal and professional level. We are working tirelessly to be able to reply to guests as soon as possible, but with huge call and email volume this is very difficult.

I note from your booking the owner has made the offer of a transfer to different dates but you have refused that offer. We are trying to work with owners and guests to ensure the best possible solution for all but you can see that the Cancellation policy does not cover "Epidemic or pandemic as declared by WHO". The World Health Organization declared the outbreak of COVID-19 a pandemic on the 11 March 2020.

We will not be able to offer a refund so please consider transferring your booking and let us know the dates should you wish to transfer.

I still think that am entitled to refund since I haven't cancelled the booking, they (on the advice of he goverment) have?

@prh47bridge

If their booking conditions are similar to those of Suffolk Holiday Cottages, they say that, if the accommodation is not available on the dates booked for reasons outside their control, you are entitled to a full refund if any alternative offered is unacceptable. That is clearly the clause that applies in the current situation and means you are definitely entitled to a full refund.

Some providers have a force majeure clause in their booking conditions which seeks to exclude liability in this situation and allow them to hang on to your money. The courts may well regard that as an unfair term.

I can understand why providers are trying to force people to take alternatives. If they have to refund everyone they may well not survive. I'm afraid people may have to take them to court to get their money back.

@prh47bridge has been very generous with their advice on this thread!

It's not easy for the travel company to seek to impose new Ts and Cs after you've booked. Trouble is, there may be things in the original terms that are important but don't necessarily stand out to you as relevant. You'd probably need to post the whole thing to be sure.

Hope you all get sorted. Stressful times!

@prh47bridge
Thank you so much all of those people who have helped me. Here is the full wording of what I think are the two relevant parts. I don't really think the first part is relevant because as far as I am concerned i haven't cancelled anything!

1. BOOKING CANCELLATION

If you are forced to cancel your holiday you must inform WA as soon as possible. The day we receive your notice to cancel is the date on which we will cancel your booking with the owner. Depending on your reason for cancellation, you may, at our sole discretion, receive a refund of all money you have paid to us for your booking less the booking fee (if applicable) and a handling charge of £60. See Cancellation/Curtailment Policy for details of circumstances where we would normally make such a refund. In all other cases, you will remain liable for full payment unless we are able to re-let all or part of the period booked, in which case WA will consider a refund, less the booking fee (if applicable) and a handling charge of £90. See Cancellation/Curtailment Policy for full details.

there is no trace of this cancellation/cutailment policy on their website or in anything they have sent me. In fact, the website's version of this part of the booking conditions don't mention this at all!

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/WA then the Owner/WA 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 WA 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.

the other parts are about payment, pets, damage etc

Clause 16 clearly applies. The property is not available due to events outside the control of the owner/WA. If the alternative is not acceptable you are entitled to a refund.

If you paid by credit card you may have more joy asking them for a refund. Failing that, you may have to take the travel company to court to get your money.

Thank you! I did pay by CC so if they don't respond satisfactorily I'll try a section 75.

Have had exactly the same issues with Hoseasons. A waste of time trying to phone as you can never get through
Do not bother emailing a refund request either as they can deny receiving it and if they do they avoid replying.
I have written a letter posted by tracked recorded delivery giving them 15 days to process a refund (that I know will not happen) advising them that at this time I will be making a chargeback claim with my credit card provider.
You need to show your credit card provider that you have contacted the supplier direct in order to progress the claim.
I consider this is the only way you will get your money back.
Good luck

I think the point that many on this thread are missing is that most of these companies do not have the money to pay everyone back. Many people are going to be disappointed.

most of these companies do not have the money to pay everyone back

Indeed. They may be legally obliged to give everyone a full refund but that doesn't mean they can afford to do so. As I've said a couple of times, if everyone demands a full refund the companies may well not survive. In that situation consumers will get little or nothing back.

www.citizensadvice.org.uk/about-us/how-citizens-advice-works/citizens-advice-consumer-work/the-consumer-rights-act-2015/
Have a look at this

The main point is that if you have paid by credit card then the card company (bank) are jointly liable so if the holiday company go bust then the credit card company (bank) will pay. You do not lose out unless the bank goes bust which is unlikely