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

  • +60

    Shit form by not letting you move the dates. (Regardless of Terms & Conditions, IMO)

  • +53

    …make up new T&C's

    What T&C's did you agree to when you paid the deposit? They're not making up new T&Cs if they're the same ones you agreed to!

  • +1

    As much as it sucks, not really the venue's fault either, nor reason for them to lose out on revenue if you agreed to the T&Cs.

    Have you checked your travel insurance and whether they cover cancellation impacts due to COVID outside your control?

    • +44

      nor reason for them to lose out on revenue if you agreed to the T&Cs.

      no reason for them to charge for a service they cannot provide.

      • +11

        They can provide the service.

        The service paid for is to book the accommodation. The accommodation is still booked for them.

        OP unable to get there is not their problem as harsh as that sounds. No different to missing your flight and losing out on onward hotel booking at destination.

        There are clear T&Cs that were agreed to on what cancellations apply.

        • +8

          The service paid for is to book the accommodation.

          Right, so any hotel/motel etc. can charge you to book a room and then refuse to let you use it and keep the money… Pull the other one… LOL

          You pay to use the accommodation, you don't pay for the booking (except if there is a booking fee…)

          • +1

            @jv: Who said anything about refusing to let people use it?

            Wait nevermind, seems like the accomodation might be in lockdown… we still don't know for sure.

            • +12

              @samfisher5986:

              we still don't know for sure.

              All of VIC is in lockdown, including the snowfields…

              That's why the govt is gifting them $18,000….

              They seem to want their cake and eat it too….

              • +1

                @jv: We had a booking ( for NSW ) and if the WHOLE STATE would have gone into lockdown, then the refund would have been given.

      • -1

        What if they lost revenue because you booked?

        • +16

          They are in lockdown. Nobody can go there. The would have lost revenue whether or not anybody booked or not… Besides that, they will be getting money from the state government, being announced later today. It will cover regional businesses impacted by the lockdown.

          • +9

            @jv: Wow they get my money and help by government, no one helps the customers losing out :(

            • +16

              @vince088:

              Wow they get my money and help by government

              Looks like they are keeping your $4000, and Dan is giving them an extra $18,000 to compensate for not being allowed to accept guests…

              Businesses in Victoria’s ski fields, which have seen their peak season hit hard by the lockdown and have been able to claim $15,000 from the government, will get access to another $3000.

              https://www.theage.com.au/national/victoria/victoria-records…

              The lodge you booked is stealing your money….

        • Then it should be more of an reasonable charge not the full amount…

      • -6

        They presumably rostered on $4,000 worth of staff and allocated the room to them, all of which needs to be paid for anyway/lose out on potential other guests.

    • +1

      I went through this last year. There's pretty much no domestic travel insurance which will cover you for state lockdowns.

  • +2

    Is it too late to chargeback?

    • +6

      Im still within charge back dates

      https://www.ing.com.au/faq-result.html?faqid=7554

      Im with ING

      They took 50% deposit in April
      And rest in May

      Both still within 120 days

      • +14

        It's not an illegal charge.

        It's a charge for a service they cannot provide…

        It's like paying for a product that is never sent to you…

        • -2

          The lodge hasn't denied OP service. The accommodation that the OP booked is still available for OP to occupy on the dates that he booked. It is not the lodge's fault that the OP can't get there.

          Having said that I think that both parties should share the pain. Perhaps the lodge should refund half of OP's deposit.

          Chargeback is pointless. The lodge will produce a copy of the T&Cs for the booking and they win the dispute. End of story.

          • +20

            @capslock:

            It is not the lodge's fault that the OP can't get there.

            Where is the lodge ?

            If it is in VIC, the whole state is in lockdown and they cannot provide the service without breaking the law

            • @jv: I just did a search for Melbourne hotels for tonight on booking.com and they are still accepting bookings. If they are all breaking the law then why haven't they been shut down yet.

              • +9

                @capslock:

                and they are still accepting bookings.

                Yet they cannot provide the service without breaking the law. They are in lockdown.

              • +2

                @capslock: They are still accepting bookings because they can still provide accommodation for essential workers with valid work reasons.

            • +2

              @jv: Authorized workers can still travel and would need accommodation.

              • +6

                @apple2016:

                Authorized workers can still travel and would need accommodation.

                Is the OP an authorised worker who can travel?
                If not, then they can't provide the service to him…

            • @jv: exactly !

          • -2

            @capslock: Exactly. He's paid for a room and he has a room.

            • +12

              @bmerigan:

              and he has a room.

              Nope. There service provider cannot let them use the property without breaking lockdown rules.

              They are not allowed to accept guests during lockdown…

              • -1

                @jv: Did they kick people out who were already there or arriving?

                • +5

                  @bmerigan: They cannot accept any guest after the lockdown commenced without breaking the law.

                  No visitors allowed under the current rules.

          • +1

            @capslock: Are they open to accept customer? Are they allow to accept non-essential workers? Probably not by law. So they are unable to provide service to the OP.

            If they are simply closed due to lockdown and not providing services that was agreed in the T&C the OP should have the right for a refund.

            BTW, this lodge is simply an a**hole if they sneak a clause in the T&C that the customer loses all cost due to lockdown.

          • +2

            @capslock: It's the lodge that can't provide the service because it's the lodge that is under lockdown not the OP.

        • +9

          Why the downvotes for jv? This is a valid point, the venue is closed.

          • +8

            @trapper: Yep, to me it's like you order a product, but they cannot send it to you…

            You should be entitled to an immediate refund, otherwise you do a charge back…

            They can't just keep your money and say bad luck…

            • @jv: Hotel accommodation is considered an essential service, at least in Sydney. You can book and stay at one during a lockdown, obviously all the other common amenities and facilities are closed as well as any restaurants and bars (except for take away and room service)

          • +1

            @trapper:

            Why the downvotes for jv? This is a valid point, the venue is closed.

            Must be the lodge owner and their friends/family (staff are probably stood down).
            We should do the same to their google reviews page.

  • +8

    That's a lot of money.

    Chargeback, just be prepared to be banned from whatever platform you purchased through (though you can probably just make a new account).

    • +3

      Never done a charge back before

      But look at my reply above please

      Im with ING, use this?
      https://www.ing.com.au/faq-result.html?faqid=7554

        • +3

          What is a charge back for?

          • +9

            @compound: charging back….

          • -2

            @compound: Chargebacks are mainly for fraudulent transactions e.g. someone gets your card number and buys something online with it

            • +3

              @Zephyrus: Mate, you have it completely wrong there. What you are describing is a transaction dispute.

              • -4

                @DoctorCalculon: Nope, I haven't. A transaction dispute can result in a chargeback.

                What you do is raise a transaction dispute with your bank and they can do a few things (like reject it) and one of them is to do a chargeback.

                A chargeback can be done other reasons, but fraud (completely fake transactions, incorrect values, duplication, no goods, etc.) is the main reason it exists.

    • If you booked through B…. ing com you can contact them before doing anything "drastic"

  • +9

    The first step is to find out What the terms and conditions say. Have you seen the ones that you signed up to? This is a legal issue which you may need advice about. There are also frustration of contract laws in a number of states that may also mean that you are entitled to a refund. I would raise it with the fair trading agency in your state first.

  • I booked an accommodation for a trip paid over $4000 in total.

    How and who through? Was it direct with the company or via airbnb for example?

  • +60

    I've booked accommodation for October, but I chose a place that has free cancellation up to 24 hours before my stay, and I didn't have to pay a deposit. Not that it helps you now, but honestly in this climate, I wouldn't be paying a cent upfront. Best of luck getting your money back.

    • +7
      ↑ This.
      
    • +5

      This pandemic has really turned me off Airbnb. Booking.com generally has really good cancellation policies (for example) but with Airbnb you're at the mercy of the private individual who owns the property - and they're often paying off a mortage on their million dollar property that they've listed.

      • +6

        I wish Airbnb gets crushed.

        1. They are eating into the legit Hotel business.
        2. Inducing people to invest in properties to let as Airbnb.
        3. In turn, Housing is getting unaffordable to the masses.
      • +2

        AirBnB has absolutely trash customer service. I no longer use them.

        • +1

          Agreed. AirBNB has trash customer service in my view. Plus I don't see discount codes for them.

          Just another tax avoiding business.

    • +1

      wife always gets them to specify via email if they will refund if we can not attend due to COVID/lockdowns (either our state or the state the accommodation is in). If not given we don't book with them.

  • +7

    I'm not surprised to be honest, covid is still a fluid situation. I wouldn't book anything more than a day in advance unless I'm prepared to lose it in case there was a situation like this.

    Wife asked me 4 weeks ago what i wanted to do for my birthday in a few days, I said who knows what the rules will be, and somehow I called it. We're in lockdown.

    • +1

      Your fault then … "somehow I called it"

  • +2

    Hi Guys thanks for the replies

    I booked direct, this was for a snow trip to Mt Buller I planned with my family.

    T&Cs are here.

    https://playshack.com.au/termsandconditions/

    When I enquired about lockdowns 2 months before this date, they said I can cancel before 30 days to my booking and get 50% refund. Which I did not accept coz that was unfair. At the time everything looked fine until the 2 removalist from Sydney happened, now I'm in this situation.

    I also bought snow gear for my family which will be useless now :(

    • +23

      2) CANCELLATION & CHANGE OF BOOKING POLICY-We strongly recommend that you take travel insurance as we do not cover for extenuating circumstances such as natural disasters, pandemics, government restrictions on home gatherings, acts of god, force majeure events or other circumstances that may force you to cancel your accommodation.

      Did you?

      No refund of booking tariff for cancellations made with less than 30 days notice. (…) No changes can be accepted less than 30 days from the arrival date, cancellation policy applies in this instance.

      Guessing you fall within this <30 days bracket?

        • +28

          What do you mean unfair? It's what you agreed to when you booked it. You agreed to take on the risk yourself, especially if couldn't find insurance cover.

          In which case doesn't seem they're in breach of anything and T&Cs are valid.

          Your only real option is to initiate a chargeback with bank as others have mentioned above. The ethical dilemma of this is for you to decide.

            • +33

              @vince088: Yes, because you agreed to it.

              It sucks, I know, it's frustrating and I feel for you, but, you agreed to it.

              Most common restaurants don't lose out and can replace your reservation with other patrons pretty quickly. Accommodation booking like this cannot be immediately replaced with others so isn't the same comparison.

              Having said that, upmarket restaurants do take booking fees and you lose it if no show by the way.

              Edit: See jv's point below. If the accommodation is bound by the lockdown rules and they shouldn't be accepting visitors and your booking is during this period, then actually, this could be your get out of jail card!

              • +3

                @Hybroid: While I agree under regular circumstances, I doubt the accomodation is going to get booked out during lockdown. This does seem like a get rich quick scheme preying on lockdowns to get 50% fees.

                • +46

                  @FlipCrank:

                  I doubt the accomodation is going to get booked out during lockdown.

                  They are in a lockdown area. They would be breaking the law if they accept any visitors…

                  If they cannot legally provide the service, they are not meeting their end of the contract and should refund all money…

                  • +17

                    @jv: I agree with JV.

                    Just because you agree to some random term a business owner drafted in the agreement doesn't mean it will hold up in the court of law.

                    It's like those businesses not offering refunds if a defect was found in their products post-transaction.

                • @FlipCrank: Not sure how this is a get rich quick scheme? seems a lot more like a stay in business during a pandemic scheme.

              • +10

                @Hybroid: The real "get out of jail" card is Contract Law which states that a contract is void if either party has to break the law to operate under the terms of the contract. This means if it is illegal for someone to travel to a place to stay in accommodation as covered under the contract, then the contract is null and void.

                Frustration
                In the situation where a contract cannot be completed because of unanticipated circumstances, frustration can release the parties from their obligations. To prove frustration, neither party can be the cause of the frustration, and the event must not have been foreseeable by either party.

                • +1

                  @backpaqer: Sound legal arguments there. You must be a lawyer. ;-)

                  If charge back fails, OP should file a VCAT application using your arguments above.

                • +3

                  @backpaqer:

                  This means if it is illegal for someone to travel to a place to stay in accommodation as covered under the contract, then the contract is null and void.

                  Nope. The contract is not dependent on you making it to the venue, it's still your room with you present or not.

                  The issue here is that the room itself is not even available, the venue is closed. So the venue side of the contract is absolutely broken. = Refund.

                  • +2

                    @trapper: Not that simple if the contract covers their obligations in the event if a lockdown this will count as fulfilling the contract, even if they don't provide the room. The arguments would be about whether the terms are fair and whether were made clear. For what it's worth fair generally means the amount taken from the deposit is in line with actual costs incurred.

          • @Hybroid:

            Your only real option is to initiate a charge back with bank as others have mentioned above.

            This is not even an option for the OP any more after reading the T&Cs.
            The merchant will use Clause (2) as the basis for charge back rejection.

            • +5

              @DoctorCalculon:

              The merchant will use Clause (2) as the basis for charge back rejection.

              The charge back would be for the reason that the merchant cannot legally provide the service that was paid for.

              That is enough reason to claim a cash back…

          • +3

            @Hybroid: Those terms and conditions are not reasonable imo, just because they put something in text doesn't make it legally binding.

          • @Hybroid: Reminds me a bit of people losing $500'000 at the casino, and then suing them, for letting them play ( lose ) for that long.

      • +3

        Hybroid, what you have quoted related to pandemics is from the "CANCELLATION & CHANGE OF BOOKING POLICY" section. If the OP does not try to cancel or change his booking he wont be bound by this part of the policy.

        I would suggest the OP does nothing apart from getting in writing from the hotel that they are closed on the dates he booked. Then just request a full refund due to the hotel not being able to offer service to him that he paid for.

        I'm also curious if the hotel have told him that his booking is cancelled and if the hotel cancelling falls under that part of the T&C, or if it's just the customer cancelling that falls under that part.

        And good idea to have a contracts lawyer glance at it too.

    • Not if this has been answered already, but I'm assuming you can't just move the dates and deal with it in the future?

    • "Which I did not accept"

      How did not you accept it?

      • Exactly, the way you 'don't accept' part of the terms and conditions would generally be to not proceed with the contract in that form.

    • Went to check the wayback machine to see when they added "pandemics", but the page has never been archived :(

    • +5

      Since Mt Buller is in Victoria have a look at Travel, accommodation, and event cancellations because of COVID-19 (consumer.vic.gov.au).
      I’m no lawyer, but the way I see it your contract could become a ‘frustrated contract’ if your travel dates fall inside the government lockdown period as it is impossible to perform or carry out the contract due to events beyond the control of all parties. In such a case, you have the right to a refund but the business or service provider may be entitled to deduct reasonable costs they have already incurred.

      Also from the same page
      If you paid by debit or credit card for services that were not provided, in some situations you can ask your bank to reverse the payment. This is called a chargeback.

      Finally
      If you can’t reach an agreement with the business, you can consider applying to the Victorian Civil and Administrative Tribunal to hear your case and make a decision. You may wish to seek independent legal advice first.

      Bottom line, you may not get a full refund, but you should at least get a partial refund as long as your travel dates are within the lockdown. However, if they fall outside then it’s a completely different story. Because then the business can provide you the service but you are unable to go there due to your own circumstances, which is not the fault of the business, therefore their normal cancellation policies/T&C should apply.

      If the business is in lockdown then try a chargeback, failing that I’d call the company and point them to the page above and try to negotiate a full or at least partial refund, if all else fails then you can always take them to VCAT.

      • Frustration argument will NOT work in OPs position. The accommodation provider is allowed to operate.

        You neglected to copy and paste the exact paragraph in that link that addresses OP's situation. COVID is known and was part of the terms and conditions of the booking.

        • I can't see when OP has their booking (can’t see a date mentioned in the OP or the comments on the first page), but on 11:59pm Thursday 15 July whole of Victoria including the location where OP's accommodation is located went into lockdown, restrictions are still in place as of today.

          Accommodation service providers: Camping ground, caravan park, hotel, hostel, bed and breakfast, private holiday rental facility, including Airbnbs, motel, serviced apartment, must be closed unless for permitted reasons or for emergency accommodation, refuge, shelter or relief purposes. Source: oronavirus.vic.gov.au)

          • @opt: Lol. Click the FAQ in your link. Specifically says they may remain open subject to conditions.

            Selectively taking only certain parts of information is misleading at the least.

            • @Typical16-bitEnjoyer:

              Click the FAQ in your link. Specifically says they may remain open subject to conditions

              Read the FAQs yourself, quote at least one condition that allows the business to accommodate OP as a new guest visiting for recreational purposes. The exemptions are quite clear, I have indicated the important parts relevant to this situation, there is no point in quoting the whole page, which is why I gave the link. FAQ section only elaborates those exceptions e.g: emergency accommodation, refuge, shelter or relief purposes. None of which applies to OP. Just because they can allow some guests under exceptional circumstances does not mean they can serve the OP, which is what matters.

              • @opt: Authorised workers: a hotel, motel or other accommodation facility to the extent that they provide accommodation services, including on a temporary basis for work purposes

                Self contained accomodation would not fall within the requirements of needing to be an Authorised Provider as it is not open to the public and check in, check out can be faciliated remotely. Cleaners for properties would also fall under Authorised workers and be permitted to visit and service properties.

                How do the current restrictions affect bookings and guests of accommodation providers?  Hotel and accommodation providers can stay open to support guests already on-site. Existing guests are encouraged to stay where they are for the duration of current restrictions. If they must leave, they should travel directly home and minimise movement. 

                Clearly the accommodation can operate under the current conditions. OP not being able to travel, by not being an authorised worker and subject to a Public Health Order, is not the fault of the accommodation provider. The accommodation provider can provide the services at any point and can do so - this is not a frustrated contract - my initial point which you appear to have forgotten.

                As a side note I agree the accommodation should provide a full refund out of good will. Most other providers are despite the terms and conditions clearly being in the provider's favour. My posts are directed at your inaccurate frustration claims.

                • +1

                  @Typical16-bitEnjoyer:

                  How do the current restrictions affect bookings and guests of accommodation providers?  Hotel and accommodation providers can stay open to support guests already on-site. Existing guests are encouraged to stay where they are for the duration of current restrictions. If they must leave, they should travel directly home and minimise movement. 

                  None of which applies to OP.

                  The accommodation provider can provide the services at any point and can do so

                  No, they cannot serve the OP / general public, which is the whole point. Even if OP legally (e.g: lived within 5km of the business) or illegally visits the accommodation on the day of their reservation (during the lockdown period) the accommodation provider cannot legally provide accommodation unless for permitted reasons. A good example is that pub owner at Echuca getting charged for operating their pub, BTW pubs also have the same conditions, they can provide food, drink, accommodation, or other essential services to those seeking emergency refuge, shelter or relief (see coronavirus.vic.gov.au ) but NOT to the general public.

                  I’m pretty sure the original contract/T&Cs didn’t require OP to satisfy any of those exceptional circumstances listed on (coronavirus.vic.gov.au). This means the business cannot keep their end of the contract either, regardless of whether OP can or cannot visit. Since it is impossible to perform or carry out the contract due to events beyond the control of all parties IMHO the frustrated contract argument still holds.

                  At least that is how I interpret it.

                  • @opt: You obviously didn't read the T&Cs. This is not a frustrated contract - end of story. Won't bother commenting further.

                    2) CANCELLATION & CHANGE OF BOOKING POLICY-We strongly recommend that you take travel insurance as we do not cover for extenuating circumstances such as natural disasters, pandemics, government restrictions on home gatherings, acts of god, force majeure events or other circumstances that may force you to cancel your accommodation. A $500 cancellation fee applies when the booking is cancelled 60 days or more from booking commencement date, deducted from the refund of monies already paid. A cancellation fee of 50% of the value of the booking tariff applies with notice of 30 to 59 days before booking commencement date. Credit card fees are not refundable. No refund of booking tariff for cancellations made with less than 30 days notice. For changes of dates more than 30 days from the arrival date, an administration fee of $75 applies. No changes can be accepted less than 30 days from the arrival date, cancellation policy applies in this instance.

                    and from your very first link

                    Not every situation will involve a frustrated contract, so you may still have to go ahead with a booking, possibly with changes. COVID-19 and public health restrictions such as lock-downs are now a known risk and many contracts and refund policies now take COVID-19 into account. This means cancelling due to COVID-19 related restrictions may not be a ‘frustrated contract’. This is why you will need to check the terms and refund policy of your purchase.

                    • @Typical16-bitEnjoyer: Just because the business has that bit about

                      we do not cover for extenuating circumstances such as natural disasters, pandemics, government restrictions on home gatherings, acts of god, force majeure events or other circumstances that may force you to cancel your accommodation.

                      does not automatically give them a way out. Because that clause only covers when you (the customer) is forced to cancel, but what about when the business is also forced to cancel (like in this situation), which is not covered in that T&C. So its not clear cut.

                      Won't bother commenting further.

                      +1 , me neither.

                    • @Typical16-bitEnjoyer: Just because they put something like that in their T&C's does not make it legally binding.

                      People pull all sorts of bullshit all the time thinking that people won't question written words.

  • +3

    This is what companies should abide by in terms of lockdown type issues in Vic (Mt Buller) :

    https://www.consumer.vic.gov.au/resources-and-tools/advice-i…

    It does sound like it's more reasonable to expect issues and that covid isn't considered an unknown problem for these sorts of things anymore. I'd still fight for it and any decent company will work with you to change dates/only charge you costs. Think it's shitty for them to just outright say no and that's worth chasing.

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