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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11553
Experience:  30 years as a practising solicitor.
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HelloOn 20 October 2015 I booked wife and I and son

Resolved Question:

Hello
On 20 October 2015 I booked for my wife and I and son and daughter in law to stay at a hotel in Scotland for 4 nights from 31 December 2015 to 3 January 2016. The price of £608 included a Gala Dinner on the evening of 31 December 2015.
The accommodation was meant for just two people but the hotel agreed that me son and daughter in law could occupy the accommodation as there was a sofa bed.
One week later my son announced that they couldn't come as my daughter in law had just decided to leave her employment and they could no longer afford to come.
I contacted the hotel to ask if we could get a refund.
Despite several emails and telephone calls they are refusing not only to grant us a refund but will not agree to even a part refund for instance for the cost of the Gala Dinner.
Their reasons stated are that ours was the last accommodation available for that period and that subsequent to our booking they marked their website as having no availability for the period. They also stated that the booking slip stated that "Reservation dates can be changed up to a month prior to arrival date at a charge of £15 thereafter reservations cannot be changed or transferred. Please note this reservation is non- refundable."
This booking slip was only emailed to us after we had paid for the accommodation and we were not made aware of the above statement previously.
Do you think that we have any case for a refund or even a part refund. The hotel are refusing point blank unless they can re-book the room and I have no confidence that they will honour that statement even if they do get a further booking.
Best regards,
Alan Wilkinson
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
I'm afraid I don't think you have a case for a refund or a part refund. The reason is that, despite the reasons given, as a matter of contract law, if you enter into a contract, which you have done, unless the contract says otherwise there is no entitlement which allows you to withdraw from the contract in the absence of the consent of the other party.
If that was the case then anyone could walk away from a contract and there would be no point in having a contract at all. So whether they are full or empty or whether they can rebook the room or not, you have no case for any sort of refund as you were offered the hotel and meal and accepted that offer by making the booking.
I hope this helps. Please leave a positive response so that I am credited for my time.
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