Refund Advice

[ArcherDog]

I did piggyback on another thread about this but would just like some clear advice if possible please. I have emailed Citizens Advice but am waiting to hear back.

I booked a cottage holiday for April. This was then obviously cancelled due to CV.
The company emailed and said they can't offer refunds, only credit notes or transfers.
The T&Cs they sent me in my original booking email states:
"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."

I emailed them directly stating this and that I wanted a full refund.
Didn't hear back so I rang them today and the guy on the phone said the company's legal advice was that the t&cs don't count in a pandemic and because they are offering a suitable alternative via credit note, they don't have to offer a refund.
I have said this is not what the t&cs say (there is no mention of any exceptions or pandemics)
I have asked for someone more senior to contact me.

Just would like some more advice to confirm that I am allowed a refund?
The company is SuffolkCottageHolidays and I am happy to forward anyone the booking t&cs if that helps.

The holiday was £780.00 (paid in full) and was for a special occasion so we really won't use a credit note.

TIA

They are wrong. The T&Cs do still apply (which in any event cannot override your statutory rights). If you paid on credit card you should approach your card supplier and get a refund from them. It's quite likely that the company you dealt with doesn't have enough money to repay everyone.

Tell them you’re taking them to the small claims court. It costs £60 to log a claim online. They’ll soon cough up I’d imagine!!

I’m so confident that I’m due a refund but when you get them saying ‘we have legal advice we don’t have to give a refund’ etc it’s so stressful! He wouldn’t explain any further or anything. I kept repeating the t&cs to him but we were going round in circles.

When(If) the senior person gets back to me should I ask to see this ‘pandemic’ exception?

I paid via Barclays debit and have raised a dispute with them too.

I’m so angry with them for lying to me, that I will never use them again so a credit note is pointless.

I don’t think many people will be asking for a refund as their email just bluntly stated ‘no refund, transfers only’ which people will accept.

TDL2016 I did threaten that in my original email but no one even replied to that!
I’d love to do it, £60 to get £780 back is worth it. Just got to decide if I’m brave enough. Never been to court

It has become a frustrated contract as neither party can fulfil the contract for exceptional circumstances so they must refund you.

Thank you. I think they are counting on people (me) not knowing our rights and backing down.

I’m usually quite a confident person but this is so stressful and upsetting.

If you take them to small claims and win they will have to pay the 60 court fee too

They are wrong. Try emailing the CEO office.

My daughter took a client (beauty treatment) to small claims. The case was heard by telephone conference call yesterday. The judge found in her favour, including fee. Took about 5 mins from beginning to end as client failed to provide any evidence, or a phone number to participate in the conference call.

Agree with others that they are wrong. They shouldn't claim to have legal advice when they are clearly making it up. Don't back down. If you haven't already done so, give them a deadline to repay your money and tell them that you will take legal action if they don't. If they don't pay you back you can then lodge a claim.

@Trethew thank you that sounds a lot less scary.

@prh47bridge I emailed them back in april and stated my rights, that I would take legal action if they didn’t refund by 1st May. Didn’t even get a response to that email.

I will push my point with whoever rings me back and state that if it’s not repaid by XX date, I will be lodging a claim.

I will also try and find CEO email online.

Thank you everyone.

Oh, name change fail. Never mind.

I wouldn't bother waiting around. You've given them due warning. If you give them another deadline they may think you aren't serious and will just keep giving them new deadlines. So, if I were you, I would start a claim.

Ok, time to put my big girl pants on then!
Thank you for your help!