Accommodation Refusing Refund Due to New COVID Restrictions. Who Can I Contact?

Ljim smith 29 on 23/06/2021 - 20:54
Last edited 24/06/2021 - 21:33

Sydney restrictions this afternoon - https://www.health.nsw.gov.au/news/Pages/20210623_01.aspx
We live in one of the affected areas so the travel restriction applies to us - we cannot leave the metro area.

Thefore have to cancel snow trip this weekend, and accommodation place is refusing to refund, despite a special COVID clause in their policy:

For NSW residents only.
1. Accommodation booked that is unable to be accessed through COVID restrictions, a full refund less 10%.
https://www.thredbo.com/covid-19-policy-and-update/

They are saying - "we are still open - so the acommodation is accessible, therefore this doesn't apply to you"
It's exceedingly disappointing and grossly unfair. I can't go because of COVID restrictions!!!

Guys - what options do I have if they won't budge? where can i take this further?

:(

edit: I forgot to add, the accommodation is nearly $8,000. Already I am losing nearly 800 because of the "less 10%", but I knowingly accepted that risk when I read the T&C's before booking. However, this guy wanting to keep the ENTIRE 8k is too much to swallow.

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Comments

  • Diverse on 23/06/2021 - 20:58
    +9

    I'd just chargeback

    • jim smith 29 on 23/06/2021 - 20:59

      Paid for already - using bank transfer :( :(

      • Diverse on 23/06/2021 - 21:00
        +3

        Well if it's under policy I don't think you can do much about it - hopefully someone has a solution for you.

  • contrafibularities on 23/06/2021 - 21:02
    +13

    Contact the ACCC, they have a taskforce looking at COVID restrictions and the unfair application of policies. On a plain reading of the policy that you linked and assuming you meet the other conditions I would say the Covid policy should apply to you. You should seek to escalate the matter with Thredbo management because it seems obvious that it should apply if YOU are unable to access the accommodation because of COVID restrictions.

  • peterwilliams83 on 23/06/2021 - 21:03
    +7

    Send them your bank details with a direction that they repay you 90% of the amount paid, as per the terms and conditions you've mentioned. End it 'without prejudice' and say you may take legal action without further notice if they fail to respond.

    They're nuts if they think they can get out of you paying you!

    • djkelly69 on 23/06/2021 - 22:09
      +1

      End it 'without prejudice'

      Just curious as to what you think this adds to the letter?

      • brendanm on 23/06/2021 - 22:24
        +15

        Fanciness

      • Binge on 24/06/2021 - 05:37
        +1

        It means OP will let the matter rest, instead of continuing a petty vendetta.

        If you know what you're doing OP with social media and Google, my roommate suggested creating a second website threadboreview.com and basically uploading a screenshot of the terms and conditions, written communications.

        Rank it highly enough and pull the plug when they issue a 100% refund, or if you're petty, squeeze them by the gonads.

        As it stands, I've blacklisted using this website because of this experience but the other alternative is to also, sell it to someone who's not in the hotspot?

  • JimmyF on 23/06/2021 - 21:11
    +9
    1. Accommodation booked that is unable to be accessed through COVID restrictions, a full refund less 10%.

    Hmmm yes I read this as you should be getting a 90% refund.

    • GrueHunter on 23/06/2021 - 21:46
      +5

      Maybe they meant "if COVID closes us down, you get your money back, less 10%" - hence the "we're still open and accessible" line.

      Which is actually twice as f'ked.

      • JimmyF on 23/06/2021 - 21:59
        +5

        Maybe, but they have a entire section for those outside of NSW….

        1. For residents of Queensland, Victoria and South Australia, accommodation booked that is unable to be accessed through COVID restrictions, a 30% cancellation fee applies.

        So not sure how they can claim it means them, when NSW peeps get 90% back, everyone else gets 70% back if they can't make it there :)

        Which is actually twice as f'ked.

        Yeah agreed

  • Dancasper on 23/06/2021 - 21:30
    +4

    The restrictions only came out this afternoon. Maybe the service person was not aware of the restrictions or that you were from an effected area. Try contacting them tomorrow as I imagine you're not the only one impacted by this and they've likely had a bucket of complaints.

    • jim smith 29 on 23/06/2021 - 21:35
      +2

      Thanks all for your responses.

      I send them the link to the restrictions, gave them my address/postcode, told them that this was from an affected area
      I REALLY REALLY want to come, but NSW govt COVID travel restrictions is not letting me.

      I can totally empathise with them as a business - I've even offered accepting credits to use in the future so maybe help out with at least something.
      but yeah their response, it's just not on…

      • BewareOfThe Dog on 24/06/2021 - 13:28

        Not to mention if you are pulled over by the Police, you will have a huge fine, with the risk of imprisonment.

        Also have a look at Fair Trading and if need be take it up with them.

        On another note, you could always go on talkback radio ie 2SM, 2UE, ABC etc who might be interested in your plight.

  • Pelicannn on 23/06/2021 - 22:02
    +18

    Well, at least the thread doesn't read "how to get out of Sydney lockdown to go on ski trip' so kudos to you for doing the right thing. Thredbo are being ass hats.

  • Kaz0551 on 23/06/2021 - 22:23
    +2

    Weird, why the different cancellation fees depending on which state you're from?

    • GrueHunter on 23/06/2021 - 22:42
      +6

      It's almost like they were hedging their bets. "If you're from one of those dodgy COVID states we're taking a risk if we accept your booking, so don't bother unless you're willing to lose 30% of the fee."

      If that's the case, their "but everything is probably fine in NSW" calculations have backfired spectacularly.

      • stirlo on 23/06/2021 - 23:45

        Plus if all of NSW got Covid they likely wouldn’t be open either. We’re still at the localised restrictions stage so they’re still able to be assholes about it. :(

  • mbck on 23/06/2021 - 23:11
    +2

    Oof….that wording sounds like covid restriction has to hit Thredbo for the policy to apply. Not that you can't go because YOU had covid.

    That's bs and I'd be taking it to an ombudsman. At the very least a credit to be used for later (maybe 1 year expiry for next year).

    • jjjaar on 23/06/2021 - 23:47
      +2

      Agree that it sounds like they think it needs to hit Thredbo to be triggered, but as others have said above, it’s weird how that would then be applied differently to residents of different states.

      Basically by their own logic, if Thredbo was shut down, someone from Vic would pay 30% of their fee but someone from NSW would only pay 10%. It wouldn’t make sense to have a distinction by state.

      OP - I would be throwing their own words in their face. The policy uses words “unable to be accessed”. You are unable to access. The wording is right there and however a typical citizen reads that is how the wording is perceived.

      Do you know any lawyers? I would honestly be threatening ACCC/ombudsman and legal advice on this one.

      Or gees tell them you’ve been to an exposure site, or the party with the super spreaders then let them know you’ll be coming anyway.

    • dasher86 on 24/06/2021 - 10:44

      but what makes it read the other way is… that you still get charged 10% if Thredbo can't be accessed with is BS.

  • try2bhelpful on 23/06/2021 - 23:18
    +1

    It’s a bit of a short sighted approach on their part.

    All the best for NSW.

  • this is us on 23/06/2021 - 23:53
    +4

    Last year, I had an event cancelled in Hobart. The hotel initially said "sorry, you still can travel even if your conference was cancelled", which was ridiculous. Two days later, Tasmania closed the borders. Once my flight was officially cancelled, I contacted the hotel again and they accepted giving me a credit valid until December 2020, and then extended to December 2021. I have no idea when I will be able to travel to Hobart and use the credit, but that's better than "you still can travel, it's your problem".

    I also have credit with Qantas and Virgin, but that's off topic.

    Since last year, I've only booked hotels with free cancellation (up to 24h before the reservation date, sometimes 48h), but things have been changing too quickly. Months ago, I had to interrupt a trip to Brisbane and travel back to Melbourne because I felt that Victoria was going to close the borders. The hotel in Brisbane provided a refund of the 3 remaining days. I will definitely stay in the same hotel if I were to travel to Brisbane again.

    I won't name the hotel in Hobart, but the nice one in Brisbane was the Emporium South Bank.😉

    • samcro on 24/06/2021 - 09:54
      +1

      Good to know, we go to Southbank a lot. I'll check it out.

    • SirFlibbled on 24/06/2021 - 14:44
      +1

      Emporium is now my go to in Brissy. Amazing customer service and just funky all around place.

  • samfisher5986 on 24/06/2021 - 08:46
    +5

    Just contact them saying you think you have COVID and was wondering the best steps on how to isolate in their accommodation ;)

  • screensaver on 24/06/2021 - 12:44

    First make ac copy of this beforei it is is removed. I see there is a review site. Leave a review immediately. Make a complaint also on socila media like facebook. And then call service nsw to see who you should make a complaint to.

    • jim smith 29 on 24/06/2021 - 13:13

      Thank you! I have made screenshot of the site, and also taken a video of me refreshing the site on my browser! you can never be too careful!

  • SirFlibbled on 24/06/2021 - 14:39
    +1

    Reading this in context of the policy, they are right but it's so badly written you should get the 90% refund anyhow

    1. Accommodation booked that is unable to be accessed through COVID restrictions, a full refund less 10%.

    2. Accommodation cancelled at guests request 100% cancellation fee applies

    3. This does not affect or apply to Bookings made through online travel agencies or 3rd parties.

    My reading of this in context and as the hotel intended it is - if the hotel is shut down because of restrictions, you get 90% back. If you get restricted but the hotel doesn't then you have to pay.

    Which IMO is a terrible policy. However, as the policy is terribly written, I think you do qualify for 1 and should get a refund.

  • jimbobaus on 24/06/2021 - 16:20
    -1

    Policy looks clear to me

    THREDBO CANCELS YOUR BOOKING : 1. Accommodation booked that is unable to be accessed through COVID restrictions, a full refund less 10%.

    YOU CANCEL YOUR BOOKING: 2. Accommodation cancelled at guests request 100% cancellation fee applies

    • Dancasper on 24/06/2021 - 23:20

      Nah, the policy is terribly worded.

      All parts are applicable, they do not exclude each other (otherwise Part 3 makes no sense)

      Part 1 covers the refund of the booking in the event of a COVID restriction. It would apply to OP as they are not able to access the accomodation.

      Part 2 applies and addresses a "cancellation fee". If Thredbo cancels (they are shutdown) the fee is waived. …I wonder what the "cancellation fee" is? (90% of the booking? - Sorry OP :|

      Part 3 means you can get stuffed if you have booked it through a third party.

      Edit: I just read the "Other States" section and both part 1 & 2 refer to the cancellation fee. Maybe it was intended to be applied as 1 OR 2…

  • screensaver on 24/06/2021 - 16:58
    +1

    I would be giving this scam company a 1star review on every site available and complaining to fair trading, see link above

  • Manny Calavera on 24/06/2021 - 18:21

    You could always go there, sneeze over everything, and force them to close for a couple of days.

    • st1ng on 24/06/2021 - 20:36
      +1

      You could always go there

      That's the problem. For those of us in the seven LGAs, we are legally not allowed to leave metro Sydney. The law even states that a holiday is not grounds for exception.

      I do feel for the OP. I'm also in the same boat but with a Brisbane hotel. My flight and event tickets were fully refunded, but my hotel isn't budging. So yeah, they get to keep my money, but they won't have my repeat business.

  • Kaz0551 on 26/06/2021 - 16:44

    Well then.

  • stirlo on 28/06/2021 - 13:25

    What happened with this one OP? Surely when the entire of Sydney was placed into lockdown they reconsidered this policy?

    • jim smith 29 on 28/06/2021 - 21:59

      Well yes and no - it's been a super stressful ordeal.

      He was very adamant and stuck to his line - "Thredbo is open, local lockdowns are your problem not ours"
      He gave very poor analogies that did not even make sense.. eg:

      1. What if a tree blocked your driveway you wouldnt be able to get out?
      2. What if the only bridge out of your area was damaged and you couldnt leave?
      3. What if the Hume Highway was blocked, and you had to go home?
      4. What if the state government placed a ban on you leaving your suburb?

      His view is that ALL of those fall under the "not our fault, its your problem you can't make it, Thredbo is open, tough luck"
      I like to think I'm a reasonable person, but no matter how I responded it, it was getting nowhere. It just completely drained me talking to this guy - it's like talking to a brick wall. He is also VERY rude and condescending (see my links at the end for evidence).

      When the announcement was made that the entire Sydney greater area was going into lockdown, he very "generously" reached out and with a "kind" offer of a 70% refund but you we had to respond by 6pm on that day. So yeah - according to his logic isn't this the same?

      So I decided to take that up.
      I dont feel good about it - no doubt, but I definiately feel I was backed into a corner.

      As per everybodys advice I called ACCC and Fair work. And to be honest, that experience was underwhelming and disapointing.
      1. ACCC simply said "call fair work".
      2. The first time we called Fair work - they flatly refused to do take the case because it was COVID related
      3. The second time I called Fair work I had to really convince them this is NOT about an ambiguous COVID situation, this is a clear violation of very specific, explicit COVID T&Cs.

      A lot of people speak highly of these agencies as some type of "police" you can report shoddy businesses to, but in reality they cannot do much to help your direct situation. They can mediate, talk to the business, maybe put them on a public warning list - but they can't force the business to do anything. And so given the history, I feel this guy's just going to completely ignore it away.

      They suggested that if I wanted a resolution for my case, then I should seek my own legal representation.
      And balancing up the costs/stress/time between getting legal, and the 20% loss, I chose to take the 20% loss.
      I fully acknowledge that I may have got my full entitlement if I spent more time on this, but tbh - I just wanted to move on from the negativitity.

      So yeah - that's the update, thanks for reading.

      PS - I suppose it's a harsh lesson on me - should have done more research
      https://www.facebook.com/pg/DiscoverThredbo/reviews/
      https://www.crowdreviews.com/genkan

      I'm sure there are more of him all over the internet if you bother to look

      • stirlo on 28/06/2021 - 22:08

        Fairly sure you mean fair trading not fair work but either way I feel like interactions with these under resourced government bodies frequently goes like that.

        Good to see you at least got almost of your money back but I do wonder if there are enough others affected to be able to hire a lawyer together. Those terms and conditions still seem wrong to me.

        • jim smith 29 on 28/06/2021 - 22:29

          Sorry, yeah I meant - NSW Fair Trading

      • SirFlibbled on 29/06/2021 - 10:59

        People constantly tell others to contact the ACCC. They generally don't do anything but they are good to send a complaint to so they can record it. If they get enough complaints they might take action. But they wont help you in your individual circumstances.

        As you worked out, the right place is Fair Trading (which is run by States) and as you've noted their ability to do anything is limited. They are basically mediators. If you want a remedy, you need to sue in small claims.

  • lgacb08 on 30/06/2021 - 20:26

    Yeah, just lodge a small claim tribunal and get the magistrate to pinch him for breach of contract, you'll definitely get something better.

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