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Original poster

Cottage is saying we can come for Christmas anyway but offering part refund

71 replies

drspouse · 18/12/2020 07:46

We booked a cottage for a week through AirBnB. 22nd to 29 th. It's in Tier 3 and we are too.
They are not allowed to be open for all that time (and we are "advised" not to travel)
The owner has said "well the other cottage letters are coming" and won't refund.
She has offered a partial refund if we cancel entirely.
We have travel insurance that covers not being allowed to travel. But we are worried if they don't pay out we will lose it all and if we cancel and she doesn't relet the insurance won't look at our claim because we cancelled.
Any advice?

OP posts:
AcornAutumn · 18/12/2020 12:26

The insurance will surely operate on law, not guidelines?

I’m sorry this is happening OP.

AcornAutumn · 18/12/2020 12:26

@myhobbyisouting

I have some interest in this I destroy and also we have been in tier 3 for a very long time.

The guidance is clearly there on the government website and has been since you booked it

You destroy? 😂

Have a break, governments are doing that now.

myhobbyisouting · 18/12/2020 12:27

Industry. Not I destroy.

And since they announced the Christmas guidance. I have no idea when you booked it!

But the tier level guidelines for accommodation aren't relevant for any of your dates except the 29th

myhobbyisouting · 18/12/2020 12:29

"You destroy? 😂

Have a break, governments are doing that now."

Tell me about it. The industry (now known as I destroy Hmm) is screwed.

And customers entering into agreements that we can actually fulfil and then just changing their minds last minute and making up the "rules" before demanding they are right and we are wrong isn't helping at all.

Original poster
drspouse · 18/12/2020 12:32

We booked in September, when we could do more or less what we wanted!

OP posts:
myhobbyisouting · 18/12/2020 12:37

In September the main topic of conversation was the impending second wave, schools going back, winter viruses and flu jab shortages.

I think finding out that your plans can go ahead within your dates minus the last one should be quite a relief!

myhobbyisouting · 18/12/2020 12:40

I mean a just weeks later we were in the tier 3 restrictions we are still in now.....some hotels have been able to remain open and we have one seasonal let that has operated completely as normal.

Original poster
drspouse · 18/12/2020 12:42

How are hotels allowed to remain open in Tier 3?

OP posts:
HopeAndDriftWood · 18/12/2020 12:43

For business travel, mostly; and any other valid reason to stay in one.

myhobbyisouting · 18/12/2020 12:46

There's lots of reasons.

One of them being for people to travel to and from their Christmas bubbles from 22nd to 28th dec inclusive.

mooncakes · 18/12/2020 12:48

I'd just go as planned and come back on the 28th if you're concerned about sticking to guidelines.

Tarararara · 18/12/2020 12:56

Are the owners saying they will give you a partial (pro rata) refund if you just stay for the 4 nights?

Original poster
drspouse · 18/12/2020 13:00

@Tarararara

Are the owners saying they will give you a partial (pro rata) refund if you just stay for the 4 nights?
No, they offered that only if we cancelled (3 nights pro rata) which we have now done.
OP posts:
Tarararara · 18/12/2020 13:00

PS. My agency has just accepted a christmas cancellation (was 20th to 27th) from a couple who have decided not to come (and obvs pay less) for just the bubble dates. They have been given a full refund (as I think is right).

Tarararara · 18/12/2020 13:09

No, they offered that only if we cancelled (3 nights pro rata) which we have now done.

Okay, so in their head they've said to themselves "these people could stay for 4 days, but they've chosen not to, so we'll refund them the 3 days". I think by offering that they are acknowledging that the cottage is officially 'closed' for 3 of the 7 days of your booking (which it is, per Tier 3 rules) and legally, that means the whole contract is frustrated so you are due a full refund. Whether you can be bothered to pursue this through Airbnb and solicitors is another matter; it might be easier to make a travel insurance claim (although that's what the owner is hoping for!)

Anyway, as I mentioned above, in the same situation my national agency (Original Cottages) are offering full refunds.

myhobbyisouting · 18/12/2020 13:13

@Tarararara

Are original cottages ignoring the government guidance for accommodation which says they can open 22nd to 28th for the purpose of being nearby Christmas bubbles then? Sounds strange.

The only date here that they would be expected to close and should therefore refund is 29th

Tarararara · 18/12/2020 13:22

Are original cottages ignoring the government guidance for accommodation which says they can open 22nd to 28th for the purpose of being nearby Christmas bubbles then? Sounds strange

They've taken it to mean 23rd Dec for 4 nights (which I'm sure is what the rules are for self catering cottages?). But, because the guests booked for 7 days, and I can no longer offer that, the contract is 'frustrated' and they are therefore entitled to full refund.

Original poster
drspouse · 18/12/2020 13:24

That's my interpretation @Tarararara.
We'll be on to the insurance company next but aren't holding our breath.

OP posts:
Tarararara · 18/12/2020 13:31

Yes, it is just 4 nights for self catering - this is from PASC (industry body):

⁉️Common Christmas Bubble England questions⁉️

More questions about the Xmas bubble than anything else, so here are some key points.

1/ The Xmas Bubble in England is between 0001 hrs on the 23rd December and 2359 hrs on the 27th December. That is the maximum time for the bubble to travel to get to each other and to meet up.

2/ The Christmas Bubble in England applies to ALL Tiers for those dates.

3/ If you are in Tier 3 before and after the bubble dates, you are closed again, and this includes New Year.

4/ Only self-catering can have Christmas Bubbles staying overnight for the nights of the 23rd to the 26th December inclusive. So four nights. Guests can stay in hotels, B & B's and guest houses only so that they can go and meet their Xmas bubbles in the daytime, but they can only stay overnight as a single household.

4/ Anyone from any Tier can travel during the Bubble period to, or through, any other Tier level to form a Xmas Bubble.

5/ Exceptions for all Tiers is that guests may travel on 22nd and 28th December to enable bubble to form if they are from Northern Ireland (and give them the full Bubble period).

Full details here. www.gov.uk/government/publications/making-a-christmas-bubble-with-friends-and-family/making-a-christmas-bubble-with-friends-and-family

myhobbyisouting · 18/12/2020 13:33

I've copied and pasted below but it's all there in the tier 3 guidance for accommodation. It explicitly states that 22nd to 28th Dec are exempt for this purpose and the accommodation can be provided.

That's all hotels, accommodation, private lets, cottages....

Like I said, we've had several that have managed to continue to operate within guidelines under that last couple of months of tier 3. The main issues have either been customers demanding we provide accommodation when they wouldn't be exempt to stay and people demanding refunds for accommodation or services that we are able to provide.

Like seen on this thread they were incredulous that hotels were open in a tier 3 area and insistent (but wrong) that it was illegal and they should get a refund.

myhobbyisouting · 18/12/2020 13:37

@Tarararara

That is for a bubble staying together in the accommodation. It's extremely badly written too and factually incorrect.

If you follow the links to the governments website then (for the first time ever) it is much clearer

myhobbyisouting · 18/12/2020 13:43

A screenshot might be clearer than copy and paste. All accommodation, regardless of tier level, is allowed to open 22nd to 28th inclusive for the purposes of allowing people to travel to their Christmas bubble.

It's clear in the wording so I've no idea how PASC and many others have managed to get it so confused

Cottage is saying we can come for Christmas anyway but offering part refund
Snailandthewhale · 18/12/2020 13:44

We booked a cottage from 27th to 30th.
Once tiers were announced the letters got in touch to ask what tier we were in, and if travel was allowed, they would accept us.
We're not allowed to travel in our tier. The hosts gave us a full refund.

Snailandthewhale · 18/12/2020 13:46

I should add we booked the cottage months ago too.

Message from letters....

Hi, hope you are well.
Just wanted to get in touch now the tier groups have been announced. We are in tier 2 so can accept guests, I am however checking with all upcoming guests what tier they are in and if they still wish to visit. Please can you let me know if you still wish to visit? If you wish to cancel due to COVID a full refund will be offered.
Thanks,
Xxx

Original poster
drspouse · 18/12/2020 13:59

So they would allow you to come if you said "we're in Tier 3 and we want to come"??

OP posts: