Posted 17th Mar 2020
What can I do to prevent the spread of COVID-19
What happens if my break gets cancelled by Warner Leisure Hotels?In the event that we need to cancel your break, we’ll let you know as soon as possible by telephone, email or SMS. Your money will be transferred into a hold-account to use towards another break in the next 12 months.
What happens if my break gets cancelled by Warner Leisure Hotels?In the event that we need to cancel your break, we’ll let you know as soon as possible by telephone, email or SMS. Your money will be transferred into a hold-account to use towards another break in the next 12 months.
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sorted byI'm pretty sure that if Warner cancel then it would be a straightforward fight to get your money back. You can't sell something, not supply it but still keep your money.
The terms of WL cancellation options accepted by customers are reasonably clear, and since as far back as last decade include a pandenic clause (great foresight):
"...We will not be liable to you in any way or pay you compensation if we have to cancel or change your booking in any way because of..." blah blah listincluding "...epidemics and pandemics,..."
so presumably the customer was OK with the terms when making the booking prior to the 2020 pandemic.
Nothing has been stolen from the customer, it has been deferred. Think similar deferment concept is applicable to other holidays, such as mortgage payment holidays
Random example 2017 terms including pandemic clause web.archive.org/web…ons
March 2020 terms still including identical pandemic clause phrase and making informational refs to CV19 web.archive.org/web…ons
What happens if my break gets cancelled by Warner Leisure Hotels? In the event that we need to cancel your break, we’ll let you know as soon as possible by telephone, email or SMS. Your money will be transferred into a hold-account to use towards another break in the next 12 months.
Terms and conditions need to be fair, and those t&c's are most definitely not and open to abuse (edited)
Probably because they won't give him his money back if they cancel. Placed in a hold account so he just has to rebook
Absolutely.
Otherwise they could offer fantastic deals for Jan 2021 - Mar 2021, get a full order book on non existing offers, cancel them all in Dec 2020 at the same time as quadrupling their prices from Jun 2021 - Jun 2022
I disagree with you. It is fair to both sides as determined for decades if not centuries before in the golden era of shipping empire.
The basic "nuts and bolts" is, in this orderly manner. Disease exclusions are very common and this is standard process, more or less. It is tough for both sides of the bargain.
First of all we need to refer to the contract, as @AndyRoyd has written, there is a force majeure clause. Then the next step is whether the T&C sets out what happens next. There isn't so, this next general contract law step happens, either suspension or terminated of the contract and both parties bear own costs. However, as you @zimmajon paid in advance, then the next step is to decide whether the suspended contract can be continued or terminated. In this case, this circumstance allows Warner to choose one the following (we know from the contract T&C, Warner are not liable to continue with the delivery of the contract) :-
1. Resume the suspended contract at a later date (as the cause of the force majeure is deemed to be temporary). (Which is what the WLH had chosen.)
2. The force majeure clause expressly say how termination is to happen.
3. Money is payable under restitution because the performance of the contract is deemed to be impossible, so called frustrated contract. You have little grounds on this one as the law is unclear, but since the suspended contract can be resumed, then you have not a leg to stand on, unless you can prove that the contracted date was the only date possible. This could have been done, when you booked, you wrote that this date must be, or else you can never go, e.g. say a honeymoon and you have a wedding date. Then, you can argue that your honeymoon is frustrated.
@zimmajon It is not acceptable that you use harsh words without making a personal effort to discover at least what T&Cs are and browse for yourself the contract law on epidermics and pandermic plus other infectious diseases. You said, "Warner Leisure Hotels and COVID-19 !!!! DISGRACE NO MONEY BACK." A better phrase is "WLH and Covid, I did not look up the contract, please help." (better if you had look up the contract and then ask). (edited)
Surly if they cancel your break they should refund your money in full
Have you checked their T&C even when you didn't at purchase time?
You do understand that COVID-19 is an extra-ordinary world event. I am surprised that you still expect normality in contract delivery! Have you ever read a contact T&C, there are always exclusions and provision for extreme situations. (edited)
Well i learnt 2 things there, the 2nd one being to avoid Warner Leisure Hotels like the plague (edited)
I suppose they could buy a lot of rice, pasta, toilet rolls and sanitizer with that. At least they aren't declaring bankruptcy. Get nothing back then .
Not if that's not this terms and conditions.
No, see my comment above.
Wishful thinking though, "...I'm pretty sure..." @deeky
Meh
It would be worth asking how this ‘holding’ account is managed. To find out if it is their asset or yours. How is it protected should they fold.
Spot on, Splender.
I would.
I would go even further, avoid Expedia and all these platform agents for flights and hotels. Look at their T&Cs.
They are not as good, saving grace is S.75 , but one has to pay more on the card, factored in card services and protection, that's why they are cheaper.
Buy flights direct from national airlines, especially the British ones, EU ones, pay more for better terms.
I was on a flight back to UK with Virgin, just a phone call to change date of return, within minutes, all done smoothly, no extra money.
Is that some sort of dubious admin fee to sidestep the "no card-surcharge" legislation, or is Expedia using a foreign registration base not subject to NCS legislation?
I meant "the wool always comes from the sheep", the credit card protection, in UK, is funded by operational costs, which, ultimately is paid by the credit users and the suppliers rather than by shareholders. The credit card then fleece the sheep in return. (edited)