Can't Go to Accommodation Due to Lockdown

I'm pretty sure a few people will be in my situation due to lockdowns. So I want to ask this question…

I booked an accommodation for a trip paid over $4000 in total. Now because of Victoria's lockdown I cannot go. I asked if I can move dates to even next year or get any reimbursements back, answer was no. They explained when I booked I agreed to T&C's and and that's that…

Can any business make up new T&C's after COVID and make it protect them 100%?

Is there any government body that can help? ACCC? Consumer affairs?

Mod: Response from Management It seems neither side has come to any agreement or resolution to this issue and both parties no longer want to participate in this thread. Comments closed.

Poll Options

  • 61
    Bad luck, move on
  • 463
    Fight for it

closed Comments

        • +1 vote

          Maybe you should actually leave a review.. what a piece of work, feel for your pain OP.

        • +1 vote

          You can't be held responsible for other people leaving reviews, don't worry about it.

    • +1 vote

      Hope you refused the $1200 and are fighting

  • -5 votes

    Message from Management.
    I manage properties on behalf of owners and do my job, under the T's & C's they have set.
    If a traveler is not happy with the T’s & C’s, it’s simple, DO NOT book.
    vince008 contacted us before making his booking, confirmed he read them and proceeded to make a booking.
    Chat's like this, do nothing but harm small businesses in the tourism industry already struggling to stay open.
    If agreeing to T’s & C’s is not binding, why have them?

    • +3 votes

      T&C can be determined to be unfair by ACCC whether both parties agreed or not.

      A term of a consumer contract is unfair if it:
      • would cause a significant imbalance in the parties’ rights and obligations arising under the contract
      • is not reasonably necessary to protect the legitimate interests of the party who would be advantaged by the term; and
      • would cause detriment (whether financial or otherwise) to a party if it were to be applied or relied on.

      The law sets out examples of terms that may be unfair, including:
      • terms that enable one party (but not another) to avoid or limit their obligations under the contract

      Educate yourself and good luck defending the chargeback/VCAT by citing your T&C.

      • -4 votes

        Thanks for the general information and advice. Appreciate your time.
        If you venture to the ACCC website, you will find their stance relating to the travel industry in particular, affected by covid.
        https://www.accc.gov.au/consumers/consumer-rights-guarantees...
        In Summary you will read:
        "Terms and conditions will vary between travel providers, and in some cases consumers might not be entitled to a full, or any, refund of their booking. Some terms and conditions may provide for the ability to re-book, or credit notes, rather than refunds for cancelled bookings."

        • +4 votes

          If it was only Vince that was in lockdown then fair enough that you can argue your point. But regional Vic is also in lockdown, meaning you couldn't have provided the service. It isn't a simple case of Vince cancelling, it's also you unable to fulfill your contractual obligations.

  • +2 votes

    update- I have requested this post to be taken down, She is threatening legal action against me.

    •  

      GL if it proceeds its normally a battle of who spends the most on their legal team who wins . However unfair it is .

      •  

        a while ago i left a low star review on another business page for crap conduct
        and the crazy lady took the time to stalk my personal facebook and private message me threatening legal action for defamation if i didn't remove the review in 5mins -
        i ignored/didn't reply and obviously a low effort bluff many months later now
        not exactly the same as op but just sayin/sharing

        •  

          This is why you just use a separate account for reviews.

    • +2 votes

      Hopefully you are removing this thread on the condition of getting a full refund.

    • +1 vote

      Good luck - you deserve at least at date change if not a full refund.

    • +6 votes

      Save the entire thread mate. It might come handy. What an absolute nutter she is. Also, keep fighting mate.
      Despite legal threats she is making, she is in the wrong. This doesn’t count as a defamation. Just chargeback and VCAT. She could have simply offered the change of dates, but she is one greedy entitled (profanity) and took the wrong path. Don’t accept the change of booking even if she offers.

      • +1 vote

        It easy for you to say when your wallet not going to be paying most likely more than the accommodation cost not counting the time if some legal action happens .

        •  

          You don’t need a lawyer to chargeback or VCAT.

  •  

    You'd think she do this to make everything go smoothly and for you to actually leave a positive review and have a little Compassion during such a pandemic.

  • It seems neither side has come to any agreement or resolution to this issue and both parties no longer want to participate in this thread. Comments closed.