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Cancelling and no refund?

Jul 18, 2017
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This issue came up recently on another forum. The people had booked a stay on a site for three weeks and initially paid a deposit. About 2 weeks before their arrival they paid the balance. No issue.

However about three days before their arrival, one of them took a terrible turn and they phoned to advise the site that due to illness they were unable to make the booking. Illness had nothing to do with Covid as at the time it did not exist. They asked if the booking and payment could be transferred to a later date. The site refused and told them that they should have taken out holiday insurance.

After about 10 days the person who was ill recovered and they decided to take the balance of the holiday as they had paid for it. They contacted the site who told them that because they had cancelled, the pitch had been let to someone else. The site still refused to reimburse them although the site only suffered a partial loss. Surely the site should not be profiteering like that?

Apparently they took legal advice and were told that they stood no chance of getting anything out of the site. IMHO the legal advice given was incorrect!
 
Jun 16, 2020
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Sadly I believe the site might be correct. But there T&C’s should make it initially clear that advance payments are non refundable. When the cancellation was made the pitch automatically became available again. Therefore the site rebooked.

It may not be morally correct, but the lesson is, always read the small print.

John
 
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Damian

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Mar 14, 2005
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If they took legal advice and were told that the site was within the law, then that is that.
Your opinion has no standing, you may not like it, but that is how it works.
Moral of the story........always check the T&C's of wherever you are going before agreeing !
 
Jun 16, 2020
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Apparently they lost nearly £700 so quite a loss especially as they were not able to use the balance of their stay. Maybe they should have said delayed instead of cancelling, but probably at the time were unaware of the nature of the illness.

As a matter of interest are there any holiday insurance companies that offer UK cover? No issue with cover for EU.

Sadly holiday insurance offered by many sites is only for the stay at their site and can actually work out to be quite expensive in comparison.
Yes, loads, but no doubt very expensive at these times.

Just Google UK holiday insurance.


John
 
Jun 20, 2005
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The two Independent sites I have used the last two weeks offered their own cancellation insurance for £10 a week. Take it or leave it but as with the OP expect to pay if you cancel . Also imo the Law is clear no one should make a profit out of a loss. If the site re let the pitch then they should reimburse the OP less say an admin fee.
 
Jan 3, 2012
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Sadly I believe the site might be correct. But there T&C’s should make it initially clear that advance payments are non refundable. When the cancellation was made the pitch automatically became available again. Therefore the site rebooked.

It may not be morally correct, but the lesson is, always read the small print.

John
I am agreement with you the site might be correct I always read the small print
 
Jul 18, 2017
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The two Independent sites I have used the last two weeks offered their own cancellation insurance for £10 a week. Take it or leave it but as with the OP expect to pay if you cancel . Also imo the Law is clear no one should make a profit out of a loss. If the site re let the pitch then they should reimburse the OP less say an admin fee.
That was my view regarding the loss which is why I felt it was unfair and that the incorrect legal advice had been given. I am unsure of where to find the legislation which I know does exist.
 

Parksy

Moderator
Nov 12, 2009
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Then why did you bother to reply to the thread if you do not know yourself?
He didn't reply that he didn't know, he replied in the affirmative but that he wasn't going to do the legwork for you.
There's a difference.
 
Jul 18, 2017
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The two Independent sites I have used the last two weeks offered their own cancellation insurance for £10 a week. Take it or leave it but as with the OP expect to pay if you cancel . Also imo the Law is clear no one should make a profit out of a loss. If the site re let the pitch then they should reimburse the OP less say an admin fee.
Seems it may be covered under Unfair terms which is part of CRA 2015. Does not affect us as we have never had that sort of issue, but though it an interesting post.
Typically, the business has no entitlement to keep any amount that can be saved by finding another customer. That would likely constitute an unfair contract term under the Consumer Rights Act.
 

Damian

Moderator
Mar 14, 2005
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Yet again there seems to be problems between a couple of users and it has rapidly become personal.

Either STOP with the petty niggling or the topic WILL BE REMOVED and the perpetrator of the comments WILL BE BANNED.
 
May 7, 2012
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I am afraid the site are probably within the law. If when they booked the site set out its terms and the payment was not refundable then they are applying the contract terms. It does seem though that they were able to re let the pitch for at least part of the time and I believe that a tour operator was ordered to repay part of a final payment when they did the same. Possibly the Citizens Advice might be able to help if the sums involved make it worthwhile.
 
Jun 16, 2020
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Seems it may be covered under Unfair terms which is part of CRA 2015. Does not affect us as we have never had that sort of issue, but though it an interesting post.
Typically, the business has no entitlement to keep any amount that can be saved by finding another customer. That would likely constitute an unfair contract term under the Consumer Rights Act.
Not sure, just glanced through this document.

Looking at this statement in the annex I would suggest, that IF the T&C were clear and in plain English, then they may not be subject to being unfair.

19.12 Core terms. Terms which define what is being purchased under the contract, or set the price to be paid, are exempt from the test of fairness to the extent that the consumer is able to read and understand them. As will be clear from the above, the OFT does not consider that plain vocabulary alone meets this requirement. If a term is illegible, or hidden away in small print as if it were an unimportant term when in fact it is potentially burdensome, then it will be considered as potentially unfair.

John
 

Parksy

Moderator
Nov 12, 2009
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It would be appreciated if the thread could be removed all together as I did not expect it to take a turn like it has done. Thank you.
If you hadn't have used this thread to respond to a reply in an argumentative antagonistic manner to another forum member the thread wouldn't have taken the turn that it has done.
This sort of thing keeps happening, which is why moderators are becoming involved more often with your responses.
You really need to change your outlook, this forum isn't a platform for carrying on public personal vendettas, and if forum members want to answer questions posed on other caravan forums they will answer on those forums directly.
You don't have the right to instruct other members not to reply to points you raise or to question their motives for responding on this forum so please stop doing it.
 
Mar 27, 2011
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Reading this topic has made me wonder about my main booking, I’ve got a 3 week trip booked at one site in July, I just tried google to find a policy of some sort that would solely cover the cost of the booking, I think our booking is around £550 for the 3 weeks so if myself or my wife should be unwell and we couldn’t go it would be a big lump to lose, the site only offers to move the booking to anytime in this season, it would be good to find an insurance policy to cover it, anyone any ideas?

BP
 
May 24, 2014
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As it happens, I am facing almost the same situation. I am depending on the caravan repairers to have my caravan ready when they promised, after the debacle of repeatedley moving the goalposts on me. Based on their promise, I have paid my holiday in advance.

The site I use stipulates that the balance of the holiday must be paid 28 days in advance. Cancellation after 28 days will automatically debit my card for the full balance, less any days that they are able to resell the pitch. How grey is that though.

I wouldnt know whether or not my pitch had been resold, that is something that has to be taken on trust, but after the money these sites all lost due to covid, I expect them to try and make it back wherever they can. In the case of the site in question, it is ALWAYS full in summer, so I would expect they would resell it easily.

So yes, always read the small print, insure if you are in doubt. The sites clauses will always have the upper hand, you can be certain they have been written with their, and only their benefit in mind.

Its worth noting too that the site I am using always had you pay the balance on arrival, this for them is something new after lockdown and I think it speaks volumes.

i think it could be really useful in these strange times to investigate between us cancellation insurance for UK caravan holidays.
 
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Jul 18, 2017
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After searching the only one I found that seems to do UK only insurance was Staysure however the premium was very high probably due to medical issues. However if you are holidaying in the UK and fall ill and need to cancel it is only the cost of booking that you will be reclaiming.
There is no option to opt out of having a medical issue covered. Your medical issue may be serious, but not one that is going to hospitalise you suddenly i.e. arthritis, asthma etc.
 
May 24, 2014
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Buckman, this is part of the problem. Every one of these insurers I look at seems to be slanted far more to medical reasons for cancellation.

Try finding insurance for your holiday cancellation for either breakdown, or for some reason, as in my case, the caravan is unusable due to damage or breakdown.

Perhaps this is something the clubs need to add to their list of benefits.
 
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Jun 16, 2020
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Buckman, this is part of the problem. Every one of these insurers I look at seems to be slanted far more to medical reasons for cancellation.

Try finding insurance for your holiday cancellation for either breakdown, or for some reason, as in my case, the caravan is unusable due to damage or breakdown.

Perhaps this is something the clubs need to add to their list of benefits.
In a sense the clubs already insure their member’s automatically, As they allow you to cancel right up to just before the booking regardless of the reason.

Some say that private sites are comparative in cost, but, as this thread shows, not with the same benefits.

It is not in the clubs interest to provide cover for private sites who are in competition with their own sites.


John
 
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May 24, 2014
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It is not in the clubs interest to provide cover for private sites who are in competition with their own sites.
Agree to a point, but if tyhey are making money on it. We all know the clubs are clubs in name only.
 
Mar 14, 2005
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There are no specific regulations in place covering non domestic rental agreements, such as camping and caravanning sites etc.

Consequently sites operators are basically able to write there T&C's however they like. and until there are legal guidelines about refunds for charges or deposits we will continue to see big variations in the way they operate.

Personally I think all bookings should incur a non refundable deposit (under all circumstances) of at least 20%. but any additional payments made in advance should be refundable on cancelations made up to 14 days before the booking or on a pro-rata basis for unused periods.

The 20% should cover an admin costs, and offset some of the loss if the booking is not able to sold on. Its also a big enough chunk to make serial multi bookers think twice about doing it.
 
Mar 29, 2021
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The term in law is "Reasonableness"

Regardless of what the contract states, if its found to be unreasonable then its nullified.

A partial refund, holiday cost minus the nights site fees lost would be "Reasonable".
Personally depending on the sum I'd pursue a small claim the site has already admitted the pitch to be let.
 
Jun 20, 2005
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There are no specific regulations in place covering non domestic rental agreements, such as camping and caravanning sites etc.

Consequently sites operators are basically able to write there T&C's however they like. and until there are legal guidelines about refunds for charges or deposits we will continue to see big variations in the way they operate.

Personally I think all bookings should incur a non refundable deposit (under all circumstances) of at least 20%. but any additional payments made in advance should be refundable on cancelations made up to 14 days before the booking or on a pro-rata basis for unused periods.

The 20% should cover an admin costs, and offset some of the loss if the booking is not able to sold on. Its also a big enough chunk to make serial multi bookers think twice about doing it.
Absolutely Prof! You will well recall for years the complaints on here about the CAMC Chatsworth Park site. All weekends booked yet weekdays remain available. As you point out, money speaks!
 
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