No Cancellation Policy from LuxuryEscapes - Advice

ItsGod on 20/08/2019 - 18:17

We purchased a 5 nights + 7 nights (12 nights) 2 bedroom suit accomodation from LuxuryEscapes in January for Nov visit to the GC.
We have just put a deposit on a house and we will be moving around the time the holiday is booked for. We will also be using most of our savings to pay for bank deposit, stamp duty, furniture, etc…

I called Luxury Escapes today to request a refund and they said that refund is only possible within 7 days from the purchase date.

I understand that my circumstances are not “out of my control” and are indeed considered good events, but we really can’t make it at this time of the year and would rather a refund.

That said, LuxuryEscapes confirmed that they can transfer the booking to someone else’s name as long as the hotel agrees.

Do I have any grounds for a refund or should I try and resell the booking and cut my losses?

Thanks!

Travel

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Comments

  • mskeggs on 20/08/2019 - 18:21
    +17

    Why would you have grounds for a refund?
    I think you are quite lucky they are allowing a transfer, many wouldn’t.

    • ItsGod on 20/08/2019 - 18:41
      -5

      I was asking in terms of consumer laws. Guess not.

      • spackbace on 20/08/2019 - 18:56
        +5

        How would you feel if the hotel cancelled your booking because someone else paid more?

        Same reasoning applies

      • Randxyz123 on 20/08/2019 - 20:19
        +4

        There isn't a consumer law for changing your mind and not being able to go. Or not wanting the product etc.

  • HighAndDry on 20/08/2019 - 18:22
    +1

    I understand that my circumstances are not “out of my control” … but … would rather a refund

    And I'd rather win the lottery than work a full-time job =P

    Do I have any grounds for a refund or should I try and resell the booking and cut my losses?

    Unfortunately no. Change of mind refunds are at seller's discretion. But you've still got 2-3 months till Nov, should be able to sell them especially since prices tend to get more expensive closer to the date.

  • c64 on 20/08/2019 - 19:00

    what did the sales t&cs say regarding cancellations when you read them?

    • ItsGod on 20/08/2019 - 20:09

      7 days cancellation policy.

      • Bargain80 on 21/08/2019 - 10:33
        +2

        there you go.

  • Skramit on 20/08/2019 - 19:07
    +1

    Surprised they can’t just let you change the dates and go another week.

    • Quantumcat on 20/08/2019 - 20:08

      Yeah OP did you try this?

      • ItsGod on 20/08/2019 - 20:11

        I did. But my holiday ends on the 30th of Nov. Dec falls into holidays season and it’s outside the scope of the deal.
        I will try to resell it or try and push it into the New Year as we would be more comfortable both financially and mentally.
        I just don’t want the be on holidays in the middle of moving houses.

    • dcep on 20/08/2019 - 20:09

      probably can but op doesn't want the trip anymore

      We will also be using most of our savings to pay for bank deposit, stamp duty, furniture, etc…

  • garetz on 20/08/2019 - 21:16
    +1

    Should have thought of that before making a commitment and paying upfront.

  • Thrift on 20/08/2019 - 21:59
    -4

    Speak to Fair Trading: 13 32 20

    Travel and accommodation - An industry guide to the Australian Consumer Law
    "[Page 9, Consumer cancellations]
    Make sure any cancellation fees or charges reflect your reasonable costs. If you don’t, they may be seen as penalties, which you generally cannot enforce.
    …
    [Page 10, Cancellation fees]
    Generally, a fair deposit should not be more than 10 per cent of the total cost of the accommodation or service booked, unless your potential loss or inconvenience justifies a higher amount. Otherwise, such a higher amount may be seen as a pre-payment. Pre-payments are refundable, minus any actual or reasonable costs you may have incurred before the booking was cancelled."

    • spackbace on 20/08/2019 - 22:07
      +2

      Funny, at no point in that document do I see anything about a "change of mind" refund. In fact ACL is pretty adament that there's no rules around a change of mind.

      Feel free to call, but it's pointless, no matter how much you want to selectively quote parts of ACL that are irrelevant.

      • Thrift on 20/08/2019 - 22:20
        -1

        It's a pre-paid contract for a service to be supplied three months away. The business can charge a reasonable cancellation fee, but OP should be entitled to a refund for the unused portion of the service.

        • spackbace on 20/08/2019 - 22:28
          +1

          No, no they shouldn't. It's a change of mind refund, nothing more nothing less

    • HighAndDry on 20/08/2019 - 22:08

      Uh, you might want to read the beginning of the entire section:

      Your cancellation policy should spell out what happens
      if a booking is cancelled by you or your customer
      because, due to events beyond all parties’ control,
      it is impossible to fulfil the original agreement      . Such
      instances are known as a ‘frustrated contract’.

      Absent that, these only apply if they allow OP to cancel in the first place. That is - IF OP can cancel, they can't charge him exorbitant cancellation fees. But they don't have to let him cancel at all.

      Also - they have to try to rebook the rooms, but the deal OP got is in Nov for a reason, it's not peak season, hotels don't tend to get booked out.

  • brokenglish on 20/08/2019 - 22:16

    You've become the guest that every accommodation hates lol

    I understand that my circumstances are not “out of my control”

    Should've taken a travel insurance.

    From experience, Fair Trading will side with the accommodation. ACCC Guide

    When you made your booking in January, you have prevented other people from making a booking at the same accommodation. This is considered a potential loss. Accommodation will argue that if you didnt make the booking, someone else will. Sales history from previous years is enough to prove it.

    Try contacting the accommodation directly, November is still quite far away, normally the accommodation will refund you if someone else makes a booking on your dates.
    It's better for the accommodation too as they don't have to pay commission to Luxury Escapes.
    Luxury Escapes said they won't refund you because they'd be losing commission sales from you.

    Remember to be polite and good luck~

    • Cheapskate Paul on 20/08/2019 - 23:37
      +1

      "Should've taken a travel insurance"

      No policy will cover change of mind.

  • Bargain80 on 21/08/2019 - 10:42

    how about you auction the deal so you can transfer it?

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