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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80438
Experience:  Over 5 years in practice
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My holiday has been cancelled due to coronavirus and the

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My holiday has been cancelled due to coronavirus and the company has refused to repay my deposit. My insurance company has rejected this and says the company must, by law, repay the deposit. Is this correct?
JA: Where are you? It matters because laws vary by location.
Customer: Scotland.
JA: What steps have you taken so far?
Customer: I've submitted a claim to my insurance company, who has advised that because the booking company cancelled they must refund the deposit.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

They certainly must.

If they cancelled, they are liable. That is the starting point.

if they want to avoid that then they have to start negotiating, for instance offering deferrment etc.

They cannot just refuse your deposit back. They are in breach.

It isn't their fault of course, but that is not your problem.

Don't let them fob you off.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
They have offered to defer the holiday, but only if I pay in full, and with the proviso I cannot claim anything if its cancelled again. Irrespective, the holiday was timed to coincide with a family event this year, so postponing to another time is not what we want.

Then a deferrment won't work for you. They have a duty to refund in full.

You are absolutely right.

Jo C. and 3 other Law Specialists are ready to help you