Hen party cancelled....not giving full refund

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.

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.

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 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.

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.

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!!

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

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

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.