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SolicitorRM, Solicitor
Category: Scots Law
Satisfied Customers: 3632
Experience:  Director and Principal Solicitor. UK
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I am an Australian who, in early 2020, booked accommodation

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I am an Australian who, in early 2020, booked accommodation for 2 nights (28, 29 June 2020) at the Sir Christopher Wren Hotel in Windsor. The nightly rate ($150UKP approx), which was paid in advance was non refundable at the time of booking. However, due to CoViD-19, the hotel is closed and I am unable to travel to the UK. In my view, our contract has been frustrated and I should be entitled to a full refund. The hotel is denying this and, instead, is offering me a deferral for up to 12 months. However, as I won't be in the UK during that period, their offer is worthless. Where do I stand in the matter and what remedies are available to me?
JA: Where are you? It matters because laws vary by location.
Customer: I am in Sydney, Australia.
JA: What steps have you taken so far?
Customer: I have contacted the hotel and their response is as above. I am awaiting comfirmation in writing.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think that's all.
Hi thank you for your enquiry and patience. If the terms and conditions do not have a force majeure clause then if the deferring is of no use to you then yes you can rely on doctrine of frustration as it is not possible to fulfill the terms of the agreement. It’s a shame they have decided to take that stance as most have just refunded. You should send them a letter of claim giving 14 days to pay back and advise failing that you will file your claim with the county court money claims centre abd you will look to recover your costs of that pursuit too. Sometimes they will try it out and if you do not push they get away with customers’ money. All the best
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