Can't Go to Accommodation Due to Lockdown

vince088 on 20/07/2021 - 21:45
Last edited 28/07/2021 - 12:30 by 2 other users

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
Travel Accommodation

closed Comments

        • lookingforTV on 26/07/2021 - 16:04
          +1

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

        • samfisher5986 on 27/07/2021 - 08:54
          +1

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

    • hijupic on 26/07/2021 - 17:44
      +1

      Hope you refused the $1200 and are fighting

  • Accommodate on 26/07/2021 - 16:28
    -5

    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?

    • lookingforTV on 26/07/2021 - 16:59
      +3

      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.

      • Accommodate on 26/07/2021 - 17:36
        -4

        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."

        • popsiee on 26/07/2021 - 17:45

          Are you going to commence legal action against OP ?

        • tikei on 26/07/2021 - 17:58
          +4

          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.

    • hijupic on 26/07/2021 - 17:47
      +1

      Regardless of the chat and T+C…

      Was the facility open during the days that Vince was supposed to be there?

    • Payne on 26/07/2021 - 18:53
      +1

      If you want to go down the T&Cs route, ok, let's go.

      Your cancellation policy mentions nothing about a government-imposed lockdown. vince088 never cancelled their booking. In fact, they confirmed it and wanted to proceed. Both parties were unable to fulfill the booking due to the lockdown. So I would suggest your cancellation policy doesn't apply, unless you want to bill the Victorian Government for cancelling the booking.

      Given you also chose to ignore my last post about changing dates, let me take it a bit further.

      You said:

      By the time you arrive, a great proportion of the tariff has already been spent on running the business, house and gardens upkeep, staff, paying service fees to various utility providers, insurances, rates and more.

      Let's break this down.

      running the business

      Running what exactly with nobody there?

      house and gardens upkeep

      As above, and when finances are very tight, why are you employing a gardener? It's winter. What exactly is there to do?

      staff

      What are these staff actually doing?

      paying service fees to various utility providers, insurances, rates

      Surely these are paid periodically (e.g. quarterly/annually) and not by the individual booking.

      My point is, just let vince088 change the bloody booking date. It's not that hard. By taking this ridiculous hard-line stand, you're hurting your business much more than COVID is.

      Please understand that you think people here are being unfair, but it's the opposite. You're being unfair. You need the money, yes, so think of the long-term damage you're doing to your business by repeatedly showing everyone what poor customer service skills your management has. vince088 isn't being unreasonable. They're just trying to get what they paid for.

    • samfisher5986 on 27/07/2021 - 08:58

      Why are you avoiding the main question? If you avoid questions you are asking for negative reviews.

      How are you legally allowed to be open and accept customers during a lockdown?

      I will personally give you a negative review if you don't answer this because you are clearly avoiding the fact that you shouldn't be accepting customers.

  • vince088 on 26/07/2021 - 19:19
    +2

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

    • popsiee on 26/07/2021 - 19:23

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

      • capslock janitor on 26/07/2021 - 23:30

        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

        • samfisher5986 on 27/07/2021 - 09:12

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

    • tikei on 26/07/2021 - 19:49
      +2

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

    • morse on 26/07/2021 - 20:25
      +1

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

    • lookingforTV on 26/07/2021 - 20:49
      +6

      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.

      • popsiee on 26/07/2021 - 21:47
        +1

        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 .

        • lookingforTV on 26/07/2021 - 22:02

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

  • Jjj888 on 26/07/2021 - 21:55

    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.

  • Moderatorneil on 27/07/2021 - 10:27

    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.

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