Holiday Cancellation

[shezil64]

I had a holiday booked for Brixham this coming May. Unfortunately I had to cancel my holiday which I did do in December. The company said if they resell it I'll get my deposit back less £20 for admin fees. If they don't sell it then I'll be liable for balance set out in the terms and conditions. Does this mean if it isn't resold then we have to pay for the whole holiday or is it just the deposit we lose?

[islandgirl]

what do the terms and conditions say? You can post them up here if you wish for the experts to look at

[shezil64]

Booking Refund Protection

We will provide you with a refund on any unused booking if you are unable to start your holiday on its
commencement date due to any of the circumstances set out below. Please note that this is not an insurance
policy. If you purchase Booking Refund Protection these terms and conditions are added to our general terms and
conditions and applied to the booking you make. Definitions

The following words or phrases have the meaning shown below wherever they appear in bold in this document.
You/Your/Yourself – A person who has made a booking alone or as part of a group with us.
Commencement date – The first day of the holiday.
Doctor – A qualified medical practitioner registered with a recognised professional body. A doctor cannot be you or
a member of your immediate family.
Emergency Services – The Police, Fire and Rescue Service or Emergency Medical Services.
Holiday – The booking you have made with us to rent a specified property for a specified time where we are acting
as agent of the property owner
Group – Any number of people who have been declared to us as part of the party for a holiday booked with us with
Booking Refund Protection in the same transaction.
Illness – A physical or mental condition confirmed by a doctor that prevents you from starting the holiday on the
commencement date.
Immediate family – Your husband, wife, partner, civil partner, parent, child, brother or sister.
Injury – A bodily injury confirmed by a doctor that prevents you from starting the holiday on the commencement
date.
Public Transport Network – Any mode of public transport other than public hire taxis licensed for public use on
which you had planned to travel to the holiday.
Booking – A confirmed non-refundable booking of a holiday with us where Booking Refund Protection has been
purchased at the same time as booking the holiday.
We/us/our – The company with whom you made the booking. What will we refund?

We will refund the cost of your booking if you are unable to start the holiday on the commencement date due to:

• unexpected disruption of the public transport network you could not have reasonably known about before the date of travel to the holiday;
• injury, or illness happening to you or a member of your immediate family or any person(s) in the group due
  to attend the holiday with you;
• death happening to you at any time before the holiday or to a member of your immediate family 4 weeks
  or less before the holiday;
• the mechanical breakdown, accident, fire or theft en route of a private vehicle taking you to start the
  holiday;
• jury service which you were unaware of at the time of the booking;
• burglary or fire at your residence in the 48 hours immediately before the commencement date of the
  holiday that required the attendance of the emergency services;
• you being summoned to appear at court proceedings as a witness which you were unaware of at the time of
  booking;
• you being a member of the armed forces and being posted overseas unexpectedly;
• adverse weather including snow, frost, fog or storm where the Police services or other Government agency
  have issued warnings not to travel. You must provide confirmation of relevant road closures from the Police
  or the relevant Government agency;
• you being unexpectedly made compulsorily redundant.

What will we not refund ?

We will not provide a refund where:

• you cannot provide a doctor’s report for injury or illness;
• you cannot provide confirmation of the booking;
• the holiday is cancelled by us as the property is not available and an alternative is accepted by you under
  our general terms and conditions;
• your sole reason for not attending the holiday is due to another member of your group no longer being able
  to attend;
• you are unable to take the holiday because you are unable to obtain a visa to travel;
• you decide not to take the holiday other than for a reason included within this Booking Refund Protection;
• you are prevented from travelling to the holiday due to disruption of the public transport network which is
  public knowledge prior to the commencement date;
• you can recover any part of the cost of the booking from other sources (but this will not affect refund of any
  balance if all other conditions for a refund are met);
• in our reasonable opinion, you did not allow sufficient time to travel to the holiday;
• you carry out a criminal act which prevents you taking the holiday;
• you are prevented from travelling to the holiday due to an outbreak of a contagious disease and the
  Government or any agency acting on behalf of the Government has imposed a ban on travel;
• you make a false or fraudulent refund application or support a refund application by false or fraudulent
  document, device or statement;
• you submited your refund request more than 45 days after the booked event.
• We will not pay for travelling or associated expenses or any loss other than the direct cost of the booking.
• We will not pay any consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or
  not), civil war, rebellion, revolutions, insurrection, military or usurped power, riot, civil commotion, strikes, lockout,
  terrorism, malicious intent or vandalism, confiscation or nationalisation of or requisition or destruction of or damage
  to property by or under the order of any government or public or local authority.
• We will not pay any costs you incur in submitting or providing evidence to support your refund application.

General Conditions

a) you must make all necessary arrangements to arrive at the holiday on the commencement date.
b) you must not be aware of any material fact, matter or circumstance, at the time Booking Refund Protection
is purchased, which may give rise to a refund request.
c) you must take all reasonable precautions to prevent or reduce any request for a refund.
d) unless we agree otherwise:
i)
the language of this document and all communications relating to it will be English; and
ii)
all aspects of the contract, including negotiation and performance, are subject to English laws and
the decisions of English courts.
e) the cost of Booking Refund Protection is non-refundable unless cancelled within 14 days of purchase (or
before the holiday has taken place if less than 14 days away). To cancel the Booking Refund Protection, you
need to contact us within 14 days. Requesting a Refund

you must log in to booking protect and fill in and submit the Refund Application Form as soon as
possible after becoming aware of circumstances that may lead you to request a refund and in any event no more
than 45 days after the commencement date.
you will be asked to provide at your own expense the following within 45 days of registering your refund application:

• confirmation of the booking;
• a doctor’s report where your refund request is for injury or illness or a death certificate where your refund
  request is for death;
• an official notice from the transport service provider in the event of delay, cancellation, mechanical
  breakdown or accident in relation to the public transport network;
• for the breakdown of a private vehicle, a vehicle recovery service report (AA, RAC or equivalent), copy of
  garage repair bill or parts receipt or a relevant police report;
• the original jury invitation inviting you to be a juror;
• in the event of a burglary the police report with crime reference number;
• the original witness summons requesting you to appear in court;
• A copy of a valid visa permitting your travel to the booked event;
• confirmation of relevant road closures from the Police or the relevant Government agency if requesting a
  refund due to an official weather warning being issued;
• any reasonable additional evidence that we ask for.

[islandgirl]

Thank you. I assume your reason for cancelling is not one of those covered?
At this stage of the year (cancelling in Dec for hols in May) I would not expect you to have to pay the balance but would expect you to lose your deposit though this is not clear from the above.
.

[shezil64]

Hi,
yes it's unclear isn't it. I wouldn't have expected to pay for the whole balance, it seems so unfair. I don't mind losing the deposit which you would normally expect anyway but to charge us the whole holiday when we'd cancelled 5 months before would be just wrong, especially if you can't travel anyway because of covid.

[islandgirl]

I entirely agree that it seems unfair - I think in your position I would be emailing them asking them to CONFIRM IN WRITING that you have nothing more to pay and see what they say. Hopefully someone legal will be along to give more advice!

[shezil64]

Thank you I will do