Should we get a refund?

[ProfJohnL]

Who on earth would sue for a £35 charge?

The OP was asking for options. He clearly thinks he's not bound by the contract he agreed to.

It's not bad luck, its failure to read the contract and to understand its implications before agreeing to it. According to the OP the T&C's states 100% charge is payable. Contrary to his assertion it is not ambiguous at all, it's very clear 100% is at risk if he breaks the contract.

If he didn't like the site's T&C's why did he agree to book it? He didn't like the holiday insurance contract becasue of its T&C'. He knows how ridgid insurers follow their t&c's, so why does he expect other businesses to be less ridgid?

Caravan sites in common with most other business have continual costs whether a pitch is occupied or not, so there isn't a zero cost impact if a camper does not attend.

Whilst I agree it's probably not worth going down the legal route for just £35, but as a principle, if you think a clause in a set of T&C's is unfair your choice is to either not enter the contract, or to seek with the other party to agree a change to the term in question, or to seek and arbitration or judgment about the clause.

 

[otherclive]

The OP was asking for options. He clearly thinks he's not bound by the contract he agreed to.

It's not bad luck, its failure to read the contract and to understand its implications before agreeing to it. According to the OP the T&C's states 100% charge is payable. Contrary to his assertion it is not ambiguous at all, it's very clear 100% is at risk if he breaks the contract.

If he didn't like the site's T&C's why did he agree to book it? He didn't like the holiday insurance contract becasue of its T&C'. He knows how ridgid insurers follow their t&c's, so why does he expect other businesses to be less ridgid?

Caravan sites in common with most other business have continual costs whether a pitch is occupied or not, so there isn't a zero cost impact if a camper does not attend.

Whilst I agree it's probably not worth going down the legal route for just £35, but as a principle, if you think a clause in a set of T&C's is unfair your choice is to either not enter the contract, or to seek with the other party to agree a change to the term in question, or to seek and arbitration or judgment about the clause.

Yet another response that doesn’t reflect the real world. Do you realise how expensive arbitration can be? I was quoted between £250-400 when I had a dispute with a neighbour ( a solicitor no less) over the height of her Leylandii hedge. That was a prerequisite by the Council before I could submit my complaint. In the end I bided my time as shortly after her house went on the market and I just dropped the estate agent an email outlining the dispute situation. This result in stoppage of her legal sale questionnaire and her sale. Net result was that she paid for me to buy a very nice Stihl long reach hedge trimmer on the understanding I maintained a suitable legal maximum hedge height, and had nothing more to do with her wrt the boundary. My reply being “ No can do as it’s a joint boundary fence and I cannot guarantee being able to manage your hedge. But will give best endeavour “ Clearly she hadn’t read her deeds😂

 

[Mr Plodd]

At £200 for holiday insurance I'm assuming that someone in your party has some ongoing medical issues?
I amcertainly not trying to pry at all, but that premium does seem very high compared to what I/we are paying (no health issues at all)

 

[Buckman]

The OP was asking for options. He clearly thinks he's not bound by the contract he agreed to.

It's not bad luck, its failure to read the contract and to understand its implications before agreeing to it. According to the OP the T&C's states 100% charge is payable. Contrary to his assertion it is not ambiguous at all, it's very clear 100% is at risk if he breaks the contract.

If he didn't like the site's T&C's why did he agree to book it? He didn't like the holiday insurance contract becasue of its T&C'. He knows how ridgid insurers follow their t&c's, so why does he expect other businesses to be less ridgid?

Caravan sites in common with most other business have continual costs whether a pitch is occupied or not, so there isn't a zero cost impact if a camper does not attend.

Whilst I agree it's probably not worth going down the legal route for just £35, but as a principle, if you think a clause in a set of T&C's is unfair your choice is to either not enter the contract, or to seek with the other party to agree a change to the term in question, or to seek and arbitration or judgment about the clause.

Not sure why you are making accusations like you think that i think I am not bound by the contract? I probably understand contracts far more than you will ever understand a contract. Also not sure why you think I never read the contract as you were not present when I read the contract.

I never said that I did not like the T&Cs so again another made up assumption decided by yourself. At no time did I state that any of the terms were unfair. You have written a mile long post making very unfair assumptions.

Please read my FIRST post again as all I did was ask a question whether I should ask which is plain and simple. I have asked and now await their reply. If they say no, I will have to accept their decision and that will be last of it.

 

[Buckman]

At £200 for holiday insurance I'm assuming that someone in your party has some ongoing medical issues?
I amcertainly not trying to pry at all, but that premium does seem very high compared to what I/we are paying (no health issues at all)

Not sure why it was so high considering if we used Red Pennant to travel overseas with current medical issues, it is just over £300 and that includes breakdown cover etc.

In the UK medical is not an issue when out and about as a hospital is always nearby, but we may need to cancel prior to setting off due to a medical issue so i guess that is what they are covering. In this case it was the vehicle that needed a medical and no issue with Green Flag.

 

[Mr Plodd]

My view would be that the basic site fee would be forfeit in the event of cancellation, as per the T&C's but the money paid for the dogs should be refunded, simply because if I (rather than the OP) had booked the pitch without having dogs then that £37 would not be levied in the first place. No additional costs (or losses) incurred by the site due to non attendance of the dogs. Refund should be given without argument.

 

[Dustydog]

My view would be that the basic site fee would be forfeit in the event of cancellation, as per the T&C's but the money paid for the dogs should be refunded, simply because if I (rather than the OP) had booked the pitch without having dogs then that £37 would not be levied in the first place. No additional costs (or losses) incurred by the site due to non attendance of the dogs. Refund should be given without argument.

Plus the unused electricity😎

 

[Mr Plodd]

I certainly wouldn't expect a refund for unused electricity in these circumstances. If however I had paid an extra amount for hook up (no mention of such in the original post) then yes I would expect that to be refunded.

 

[Buckman]

I certainly wouldn't expect a refund for unused electricity in these circumstances. If however I had paid an extra amount for hook up (no mention of such in the original post) then yes I would expect that to be refunded.

It is a well known site in the New Forest so not a million miles from your location. LOL! Just hoping they will be reasonable as we would like to use them sometime in the future as the CAMC site has rubbish network and wifi coverage

 

[ProfJohnL]

Yet another response that doesn’t reflect the real world. Do you realise how expensive arbitration can be?

I disagree. I made it quite clear in my post the cost of whatever action you might wish to take may not make it worth it. but that is a decision for whoever is making the complaint.

 

[Buckman]

Being nice does help. Got a reply;

However as an act of goodwill, on this occasion, we will keep the dog payment as a credit on your account to use on a future booking.

We are happy with the outcome as we will be visiting the area again within the next year.

 

[borderbilly]

Being nice does help. Got a reply;

However as an act of goodwill, on this occasion, we will keep the dog payment as a credit on your account to use on a future booking.

We are happy with the outcome as we will be visiting the area again within the next year.

Bit of a cheek that,,to get you to go back. Wouldn't be me, I would demand the money as its better sitting in your account than there's.

 

[Hutch]

Bit of a cheek that,,to get you to go back. Wouldn't be me, I would demand the money as its better sitting in your account than there's.

I don't think so, it's a half win , half loose.

 

[borderbilly]

I don't think so, it's a half win , half loose.

Looks like a full win for the site.

 

[JTQ]

Being described as a "Goodwill gesture", if true, rather suggests the T&Cs covered their right to retain the funds?

Life's experiences of both sides, as the client and the supplier is dealing with a non demanding, reasoned and anything but belligerent demanding client works out very much better.

I feel they are less than generous, but more so than they could have been should they have felt it appropriate to chose, if the T&Cs were so written.

 

[ProfJohnL]

Yes "Goodwill Gestures" are not an admission by the organisation of any wrong doing or change in the legal position or obligation. they use the phrase to make it clear the action should not be seen a precidence . They may not be as forthcoming with anyone else who makes the same request.

 

[Guzzilazz]

It also depends on when you cancel. If the site stands no chance of re-letting the pitch, why should you get a discount?

 

[Buckman]

It also depends on when you cancel. If the site stands no chance of re-letting the pitch, why should you get a discount?

Only for extras would a refund be appreciated and as it is I am happy with the outcome, that is what counts.

 

[Beachball]

We also had a Seasonal site for four years called Westley House farm Shrewsbury while my wife was working i was a man of leisure love carp fishing every day . I loved the peace and quality of life of our caravan .