Hen party cancelled....not giving full refund

Feets

Hi all.
Anyone dealing with hen or stag party companies? Our hen was cancelled, by the company, and they offered only a 40% refund. Anyone else in the same boat? All money was paid up.

splinter65

Feets wrote: »

Hi all.
Anyone dealing with hen or stag party companies? Our hen was cancelled, by the company, and they offered only a 40% refund. Anyone else in the same boat? All money was paid up.

You’re not entitled to a refund. The cancellation of your trip is outside of the control of the service provider. They are entitled to offer you a change of dates.

Darc19

splinter65 wrote: »

You’re not entitled to a refund. The cancellation of your trip is outside of the control of the service provider. They are entitled to offer you a change of dates.

I disagree.

If they cannot provide the service, a refund is due. Obviously not extra compensation, but the basic rules of a contract would mean no option but a refund.

blackbox

Was there a refund policy on the contract that you signed?

dubrov

splinter65 wrote: »

You’re not entitled to a refund. The cancellation of your trip is outside of the control of the service provider. They are entitled to offer you a change of dates.

Can you give a source for that?

This the service provider cancelling, not the customer.
I can't see how they can get away with anything but a full refund.

Salary Negotiator

What do the T&Cs say about cancellation?

Bear in mind though that if everyone demands a full refund the company could be insolvent and if they go bankrupt you’ll get next to nothing back.

splinter65

Darc19 wrote: »

I disagree.

If they cannot provide the service, a refund is due. Obviously not extra compensation, but the basic rules of a contract would mean no option but a refund.

Here are the facts:

Changes to your package holiday

If the organiser makes a significant change to the holiday, for example the price, dates or accommodation, or cancels the trip, they must offer you the following:

a replacement holiday of equivalent or superior quality, if they can provide this
or
a lower grade holiday, with a refund of the difference in price, if they can provide this
or
a full refund

The organiser has the right to cancel a package holiday because of factors beyond their control. If this happens, you are still entitled to a refund or a replacement package as set out above. It is up to you to negotiate with the organiser which option you would prefer.

Price changes to your holiday are not allowed within 20 days of your departure date. However, before that, the organiser can increase prices only if there is an increase in:

The cost of transporting passengers because of the cost of fuel or other power sources
The level of taxes, fees and charges including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports
Exchange rates relevant to the package holiday
TOP TIP
If the price increases by more than 8% you have the right to cancel without a charge being applied.
If you cancel your holiday yourself, you need to check the terms and conditions of your contract. It should outline what happens in your situation. You may lose your deposit or have to pay a cancellation fee. Usually, the closer to your travel date, the greater the portion of the cost of your holiday you will lose.

If you want to transfer the package travel contract to someone else you can do this before the holiday by giving at least seven days’ notice to the organiser. You may have to pay for any costs incurred by the organiser to carry out the transfer.

You also have the right to cancel your package holiday beforehand in the event of unavoidable and extraordinary circumstances taking place at or near your destination which would affect your holiday, or your travel to the destination. You are entitled to a full refund from the organiser without undue delay.

You can cancel the holiday any time before the start of the package but you have to pay an appropriate and justifiable cancellation fee.

splinter65

dubrov wrote: »

Can you give a source for that?

This the service provider cancelling, not the customer.
I can't see how they can get away with anything but a full refund.

From ccpc.ie

Changes to your package holiday

If the organiser makes a significant change to the holiday, for example the price, dates or accommodation, or cancels the trip, they must offer you the following:

a replacement holiday of equivalent or superior quality, if they can provide this
or
a lower grade holiday, with a refund of the difference in price, if they can provide this
or
a full refund

The organiser has the right to cancel a package holiday because of factors beyond their control. If this happens, you are still entitled to a refund or a replacement package as set out above. It is up to you to negotiate with the organiser which option you would prefer.

Price changes to your holiday are not allowed within 20 days of your departure date. However, before that, the organiser can increase prices only if there is an increase in:

The cost of transporting passengers because of the cost of fuel or other power sources
The level of taxes, fees and charges including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports
Exchange rates relevant to the package holiday
TOP TIP
If the price increases by more than 8% you have the right to cancel without a charge being applied.
If you cancel your holiday yourself, you need to check the terms and conditions of your contract. It should outline what happens in your situation. You may lose your deposit or have to pay a cancellation fee. Usually, the closer to your travel date, the greater the portion of the cost of your holiday you will lose.

If you want to transfer the package travel contract to someone else you can do this before the holiday by giving at least seven days’ notice to the organiser. You may have to pay for any costs incurred by the organiser to carry out the transfer.

You also have the right to cancel your package holiday beforehand in the event of unavoidable and extraordinary circumstances taking place at or near your destination which would affect your holiday, or your travel to the destination. You are entitled to a full refund from the organiser without undue delay.

You can cancel the holiday any time before the start of the package but you have to pay an appropriate and justifiable cancellation fee.

ahnowbrowncow

splinter65 wrote: »

From ccpc.ie

Changes to your package holiday

If the organiser makes a significant change to the holiday, for example the price, dates or accommodation, or cancels the trip, they must offer you the following:

a replacement holiday of equivalent or superior quality, if they can provide this
or
a lower grade holiday, with a refund of the difference in price, if they can provide this
or
a full refund

The organiser has the right to cancel a package holiday because of factors beyond their control. If this happens, you are still entitled to a refund or a replacement package as set out above. It is up to you to negotiate with the organiser which option you would prefer.

Price changes to your holiday are not allowed within 20 days of your departure date. However, before that, the organiser can increase prices only if there is an increase in:

The cost of transporting passengers because of the cost of fuel or other power sources
The level of taxes, fees and charges including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports
Exchange rates relevant to the package holiday
TOP TIP
If the price increases by more than 8% you have the right to cancel without a charge being applied.
If you cancel your holiday yourself, you need to check the terms and conditions of your contract. It should outline what happens in your situation. You may lose your deposit or have to pay a cancellation fee. Usually, the closer to your travel date, the greater the portion of the cost of your holiday you will lose.

If you want to transfer the package travel contract to someone else you can do this before the holiday by giving at least seven days’ notice to the organiser. You may have to pay for any costs incurred by the organiser to carry out the transfer.

You also have the right to cancel your package holiday beforehand in the event of unavoidable and extraordinary circumstances taking place at or near your destination which would affect your holiday, or your travel to the destination. You are entitled to a full refund from the organiser without undue delay.

You can cancel the holiday any time before the start of the package but you have to pay an appropriate and justifiable cancellation fee.

So the OP is entitled to a refund or a change of dates. Whichever the OP prefers, which in this case I'd imagine would be a full refund.

Stanford

If the service provider is acting on Government advice then no refund is due, every contract has an implied Force Majeure clause

splinter65

ahnowbrowncow wrote: »

So the OP is entitled to a refund or a change of dates. Whichever the OP prefers, which in this case I'd imagine would be a full refund.

No it’s not whichever the OP prefers. It’s subject to negotiation between the service provider and the OP.

dubrov

Stanford wrote: »

If the service provider is acting on Government advice then no refund is due, every contract has an implied Force Majeure clause

Force Majeure clauses reducing refunds are on very shaky ground and unlikely to be enforcable.

Feets

The girl who booked it is young and I don't want to burden her because the company is refunding her x amount and she has enough hassle trying to redistribute it to us...even though we didn't pay her, we paid the company each individually..I know they can go bust...so can everyone, but they literally can't be out of pocket..all the did was book a hotel and one activity...painting. I am.just surprised by it, I guess.

Atlantic Dawn

How did you pay them? Perhaps a clawback from debit/credit card is the route to go.

Maggie Benson

Feets wrote: »

Hi all.
Anyone dealing with hen or stag party companies? Our hen was cancelled, by the company, and they offered only a 40% refund. Anyone else in the same boat? All money was paid up.

Tell them you will go ahead with the arrangement. See what their reaction will be then!!

Batgurl

splinter65 wrote: »

From ccpc.ie

Changes to your package holiday

If the organiser makes a significant change to the holiday, for example the price, dates or accommodation, or cancels the trip, they must offer you the following:

a replacement holiday of equivalent or superior quality, if they can provide this
or
a lower grade holiday, with a refund of the difference in price, if they can provide this
or
a full refund

The organiser has the right to cancel a package holiday because of factors beyond their control. If this happens, you are still entitled to a refund or a replacement package as set out above. It is up to you to negotiate with the organiser which option you would prefer.

Price changes to your holiday are not allowed within 20 days of your departure date. However, before that, the organiser can increase prices only if there is an increase in:

The cost of transporting passengers because of the cost of fuel or other power sources
The level of taxes, fees and charges including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports
Exchange rates relevant to the package holiday
TOP TIP
If the price increases by more than 8% you have the right to cancel without a charge being applied.
If you cancel your holiday yourself, you need to check the terms and conditions of your contract. It should outline what happens in your situation. You may lose your deposit or have to pay a cancellation fee. Usually, the closer to your travel date, the greater the portion of the cost of your holiday you will lose.

If you want to transfer the package travel contract to someone else you can do this before the holiday by giving at least seven days’ notice to the organiser. You may have to pay for any costs incurred by the organiser to carry out the transfer.

You also have the right to cancel your package holiday beforehand in the event of unavoidable and extraordinary circumstances taking place at or near your destination which would affect your holiday, or your travel to the destination. You are entitled to a full refund from the organiser without undue delay.

You can cancel the holiday any time before the start of the package but you have to pay an appropriate and justifiable cancellation fee.

Package holiday in this instance refers to a flight+hotel holiday. Without a transport element, this doesn’t fall under the protection of EU package holiday protection.

fatboy69

Just wondeing if you got anywhere with this. The company we are booked with are saying we can re-book the dates or lose the 300 deposit. Dosnt seem right to me but the TnCs state 4 times the deposit is non refundable however it dosnt state if the provider is closed and cannot hold the party. I think ill try Citizens Advise and see what they say

Xterminator

Darc19 wrote: »

I disagree.

If they cannot provide the service, a refund is due. Obviously not extra compensation, but the basic rules of a contract would mean no option but a refund.

excellent. so without seeing the OP's contact and T&C's you can point out where in the contract it states that.

Handy that.

Feets

The bridesmaid got 60% back. The company said they could be used again to rebook the hen. As If...

fatboy69

Feets wrote: »

The bridesmaid got 60% back. The company said they could be used again to rebook the hen. As If...

Thank you

Might hold off until nearer the time and see if we can use it for something else

Small claims court for the rest of the money. Cost you €25.

gOst

I understand the logic of a non-refundable deposit being forfeited in the event that the customer reneges on the booking but surely as the provider is unable to fulfill the promised service, on what grounds can they claim the retention of the deposit?

I empathize with the tourism/hospitality operators as their industry has been decimated over night but at the same time, it doesn't feel just that they can retain booking deposits when they are unable to fulfill their end of the contract.

Or is just a case of tough sh*t

whippet

gOst wrote: »

I understand the logic of a non-refundable deposit being forfeited in the event that the customer reneges on the booking but surely as the provider is unable to fulfill the promised service, on what grounds can they claim the retention of the deposit?

I empathize with the tourism/hospitality operators as their industry has been decimated over night but at the same time, it doesn't feel just that they can retain booking deposits when they are unable to fulfill their end of the contract.

Or is just a case of tough sh*t

this is an unprecedented event - so no real logic prevails.

The reality is that in the travel, hospitality sector if every consumer were to look for their deposits, monies paid immediately the vast majority of service providers would go bankrupt over night.

fatboy69

Just to give you an update I contacted CPC and they were very helpful. As there was transport included from the accommodation to the boat cruise it could be argued that the company does come under tour operator. CPC advised me what to say in the email and the company agreed to a full refund( after a very sarky email which indicated I was the only one not happy to rebook) The deposit was sent to my account this morning