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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70886
Experience:  Qualified Solicitor
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In view of the covid situation I wish to cancel a hotel

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In view of the covid situation I wish to cancel a hotel booking but I'm told that I must. make a new booking. rather than get a refund. I am regestered blind, my wife suffers from COPD following cancer. How do we stand, can I demand a refund. We live in Newcastle UK. Thank you
JA: Where is this? And just to clarify, when was the purchase made?
Customer: 25 September 2020 southsea UK
JA: What steps have you taken so far?
Customer: I have already cancel once and rebooked this one
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just my rights, as I say I don't know if my wife will be able to make the train journey I? 6months.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Hi there. Can I just check, why do you wish to cancel? and did you book directly or via an agent?

Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Customer: replied 14 days ago.
I booked direct I wish to cancel because of new covid rules relating to visiting other households

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

Your rights will depend on whether you have cancelled or the hotel has cancelled. If the hotel has made the decision to close or cancel your booking he you will be due a refund.

If you are the one making the decision to cancel, then you will only be able to do so if there was a cancellation clause allowing you to do so. No cancellation rights are mandatory and it is entirely possible for the hotel to make the booking conditions such that no cancellation is possible without a cancelation charge which depending on how soon before the date is made, could result in the loss of the full payment.

If you still wanted to cancel, that is where travel insurance would come in, if you had taken any and that is specifically what it is there for.

One potential get out clause you may have had is if it was impossible for you to travel, such as a local or national lockdown, preventing you from travelling. That is not the same as you deciding not to travel through your own choice because you are worried about the risks. You must be officially prevented from travelling, in which case you can argue that the contract has been ‘frustrated’ and you are due a refund.

I appreciate this may not be the answer you were hoping for but it is the legal position and all I can tell you is what the law says. I do hope that it at least explains where you stand and I will be happy to clarify anything for you in relation to it. For now, thank you for using our service.

I hope that your query has been answered to your satisfaction. I just wanted to take this opportunity to remind you that if you needed any further clarification with this query, you should not hesitate to contact me and I will be happy to help. For now, thank you for using our services.

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