Can I get my deposit back?

[FunkyFox]

Wonder if anyone can help?

 

I booked a holiday with a well known boats/cottages/parks company back in January. We booked 2 seperate locations 1 in Cornwall and 1 in Devon. As a result we had to pay a £150 deposit for each.

 

Unfortunately due to a change in circumstances we have had to cancel the holiday and they had written to say that they have retained our deposit of £300.

 

We booked over the phone and received an email confirmation with no terms and conditions at all and never received any.

 

Is there any basis for challenging their decision to retain the deposit. They had already sold the holidays again. I'd quite happily take them to the small claims court if there was some basis to do so.

 

Any help, advice or pointers greatfully received.

 

Thanks, FF

[Conniff]

There is a myth about deposits not being refundable and most of that myth is on the sellers end. They are not out of pocket and have resold the holiday, so have no reason to keep the full deposit, just an admin fee.

 

If their T&Cs (which you will need) say non refundable under any circumstances, then I would challenge that as an unfair term.

[FunkyFox]

Thanks for the advice Conniff.

 

I eventually found a hyperlink on the email they sent that links through to a pfd on their website of the t&c's that apply. I thought I was onto something as this is not considered a 'durable medium' under the distance selling regulations but it would seem as far as I can tell that holidays, accomodation etc are excluded from this part of the regs so no doing there.

 

Within their terms the cancellation is 100% loss of deposit if cancelled before 56 days, which we did.

 

What would you suggest is my angle. I have checked the CPUTR and it all seems quite vague regarding how I would approach this as an unfair term. I intend to write in the first instance requesting they reconsider as they have been able to relet the accomodation and suggest they keep £50 by way of admin fee. I don't think I'll mention anything at this point about unfair terms or possible legal action.

 

Would you think this is the right way to go about it and any other thoughts on the CPUTR angle?

 

Thanks for your assistance. FF

[Conniff]

Can you pm me the name and website address of the company please FF