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Missed 15day cancellation period by a day = Harsh Penalty

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  • Missed 15day cancellation period by a day = Harsh Penalty

    I had booked a short let apartment through an agent on behalf of my employer for the private stay of their elderly relatives to visit family. 1st booking confirmed on 20/08/2021 (for Oct 21 stay). Due to health reasons I had to delay their booking and confirmed new dates on 15/09/2021. As they still were not able to travel, due to their health and concerns around Covid, I requested a cancellation on 08/10/2021 with a view to rebook. New dates were then confirmed on 27/10/2021 for a third stay with dates in 2022 having considered their ability to travel once the peak of Omicron passed and their health improved. However, they still were not able to travel and informed me over the phone on Friday 21st January that they would like to come but have to defer the trip to later in the year.

    At the time of being notified, I got caught up in caring my sick toddler and was only able to notify the agent of the change on Saturday 22nd January (believing I was within the 14 day period cancellation/change notification). Upon refusal of cancellation and review of the confirmation of booking, the T&C's required 15 days’ notice otherwise 100% of the stay would be charged. The bookings I made on 20/08/21 and 15/09/2021 had a 14 day cancellation policy. The last booking confirmed on 27/10/2021 then changed to 15 days notice without highlighting this change.

    I had written to the supplier offering to pay a penalty of 1 weeks charge (email to management on 25th January 2022) as notification was missed by a day. Supplier responded with saying the full amount for 39nights is due unless they manage to sell some nights. I was eventually charged for 29 nights which was still a enormous figure.

    My booking agent then had written to the VP of the suppliers head office stating the penalty was overly harsh, seeking for part or full compensation seeing as the change of T&C was not made clear i.e. not highlighted in communications to the agent/nor myself but only written in the confirmation attachment. We have yet to hear back from them.

    Is there anything I can do? Will I have a favorable case if I took this to small claims court?

    Thanks in advance...
    Tags: None

  • #2
    Sorry but it looks like they bent over backwards to help you (for good reason) two or three times. You still had a right to cancel, but, not for any reason related to them, you got it wrong. The reason would be irrelevant anyway.
    The paperwork is often complicated, and it may be worth someone looking at all of it, but as to the basic premise of your question, I doubt you can do much.

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    • #3
      DSLippy thank you for taking the time to reply. My booking agent mentioned post booking, should the supplier change T&C's that it should be made clear. I had hoped someone can shed a light on this point.

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      • #4
        Sorry, I missed that. Someone needs to look at the exact documentation to see what was changed and on what notice to you.

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