Fee not refunded for residential course - covid cancellation

[koolkat66]

I have enrolled on a residential craft course due to start weekend. The course  is run by a craft association,  using a local college as a venue for the residential part. I paid the fee in full when requested.

Yesterday I tested positive to covid  and I informed the association that I may have to cancel if I was still positive by the Friday. I am supposed to travel on the Saturday, day 1 of the course.

 

I was told that as per gov guidelines I would not be allowed to attend because it is a requirement to have two consecutive negative tests after 5 days from day 1 which would have taken me to Sunday. I was also told that they do not think they can refund me the fee as the college may not be able to refund their own fee for the accommodation.

 

I am asymptomatic and as per new guidelines I believe that I am allowed to go.  It does not mean that I would, and I understand the concern, however I find unfair that I am not refunded the fee when the decision of attending has been removed from me.

 

Also, I believe that there is no financial loss on their part as  the enrolment was already closed when I booked and they did an exception for me, therefore the room or space on the course was not going to be given to anyone else . I have no way of contacting the college directly to discuss they policy and all I was given is an email saying sorry but probably not a refund.

 

Lastly, in the booking form there was no cancellation policy, nothing was stated one way or another.

 

What are my rights about getting the fee back?

[BankFodder]

What is the name of the college and the Craft Association?

[koolkat66]

The college is Bishop Burton College, the association Strawcraftsmen. I am still waiting for a reply from them. I have been reading all the covid guidances that I can find and it seems to me that I would be entitled to attend (should I wish to do so), proof of negative tests are no longer required, so it would be their choice if they prevent me from attending.

 

 

10 hours ago, BankFodder said:

What is the name of the college and the Craft Association?

HI BankFodder, did you ask the details for a reason?

[BankFodder]

If they are preventing you from attending or if there are government rules which prevent you from attending then it seems to me that you should be entitled to a full refund.

Whether or not they are able to obtain their own refunds in respect of accommodation is their problem. If they are not permitted to host you as a participant because of government rules then the contract is frustrated and their contract with the accommodation provider is frustrated.
I suppose that either they don't understand or they don't want to go to the trouble of all this.

How much money are you talking about?

 

We've had these issues come up before during the pandemic. If you search the forum for the wedding cases where venues have been cancelled due to Covid and yet the function provider has refused to refund, you will probably find some helpful information

[koolkat66]

It is about £250, plus a train fare of £70 which is my loss. Government rules no longer prevent me from attending. there are no rules, just 'advice' to isolate 5 days, no negative tests requirement, and I am asymptomatic. It would be just them preventing me from attending (and my conscience of course).

[BankFodder]

Well I think that if they are preventing you from attending then they will have to be liable for the costs of that to you – including the reimbursement of the train fare if you have already purchased the ticket and it was reasonable to do so.

If you are free to attend then it would probably be quite difficult to get a reimbursement although technically speaking they would only be entitled to retain any expenses which they have already incurred or which have been caused by your breach

 

[koolkat66]

The outcome is that I am now going to get a refund as they preferred me not to attend even if I tested negative (which I did). Thank you for the help

Edited April 9, 2022 by dx100uk
unnecessary previous post quote removed