With the summer holidays fast approaching, many of us are getting ready for a break in the sun. But what if the worst happens and you need to cancel your booking? No-one wants to cancel a holiday but if you have to, you shouldn’t lose out more than is necessary.
This blog explains what consumer law means for deposit and cancellation fees, and how you can make sure you’re being treated fairly.
What we mean by ‘fair terms’
Under consumer law, businesses must make sure their terms are fair. If a term is considered unfair by a court, then it can’t be enforced against the customer even if they have signed up to it. It is particularly worth looking out for unfair terms with deposit and cancellation fees.
Businesses are entitled to ask customers to pay a fee if they cancel – or to keep some of an upfront deposit – to cover their losses. But the amount they keep must be in proportion to what they are actually losing as a result of a cancellation.
Terms and conditions that don’t follow this approach – for example, where the business keeps a large upfront deposit which bears no relation to its losses – are likely to be unfair. As a general rule, deposits should only be a small percentage of the total cost.
In practice this means that if you cancel a booking and a business resells it, you should be entitled to some money back. Travel firms can either use a case-by-case system, where people are refunded if and when a replacement booking is made, or they can have general terms and conditions based on how likely it is that they will be able to resell any cancelled bookings as the date of the booking approaches.
Both approaches can be fair under the law, so long as customers are getting back a reasonable amount.
What you can do if you think a business has treated you unfairly
1. Talk to the business
You are entitled to challenge the business and ask them to justify what a fee covers. Remember, even if you signed or agreed to something, this doesn’t necessarily mean the terms are legally binding if they are not fair under UK law.
2. Contact a consumer advice body
If you think a businesses is keeping more than is fair, you can go to Citizens Advice and get advice from their consumer service on 03454 040506 or 03454 040505 for Welsh language speakers. Consumers in Scotland can call Consumer Advice Scot on 0808 164 6000.
Alternatively, you can report an issue to your local Trading Standards Office. There are also independent companies – some of which offer free assistance - that may be able to help you to resolve your issue.
3. Seek legal advice
If you still feel you’ve been treated unfairly, you have the right to escalate your complaint. Customers can take an issue to the small claims court where the amount at stake is not more than £10,000.
Our role
As the Competition and Markets Authority, we believe that most companies want to do the right thing, but some might struggle to understand the rules on what’s legally fair. Previous research found that less than half of UK businesses know the rules on unfair terms well.
That’s why we’ve been running our “Small print, Big difference” campaign to encourage the holiday and tourism sector and businesses to ‘check in’ on their terms and conditions. We have been working with partners such as ABTA – The Travel Association, UKHospitality and the Specialist Travel Association (AITO) who are helping us spread the message and make sure businesses are being fair with their customers.
Unlike the other government-funded agencies listed above, the CMA isn’t set up to provide advice on your individual issues or complaints. We are responsible for taking wider action to tackle problems that affect consumers as a whole, aiming to improve things for people right across the UK.
If you think you've seen an unfair term that might be a common problem with businesses in a particular sector, or indeed any other unfair or anti-competitive practices, you can draw our attention to it by completing our notification form.
For advice for businesses, visit our fair terms campaign page.
34 comments
Comment by alan powell posted on
If you have paid fully for your foreign holiday and you are over 70 and still self isolating under government advice past the departure date, would the holiday company take this as cancellation and therefore we would lose our money
Comment by geoffrey Tonks posted on
a tour companies terms and conditions state we will keep your deposit as compensation,and incase we can not resell the holiday, they have used these terms and conditions,all the way through covid 19, they knew they could not resell anything ,excuse you cancelled first not us so were keeping your deposit.
Comment by Mark posted on
I cancelled a holiday (before covid). The company has kept the whole 10% deposit (£538) despite confirming that their costs were £419 and that some of this has now been refunded. I have taken this through arbitration where the QC found in the holiday companies favour. I thought the reason for cancellation was irrelevant and that the company can only retain their accountable costs? I'm waiting for the CMA to confirm the legal position before I challenge the decision.
Comment by geoffrey Tonks posted on
CMA it looks like tour companies are taking no notice of your letter they are still flaunting rules and regulations on cancellations and refunds and now it is nearly the end of July,Action please
Comment by Philip Hayward posted on
How can Travel Agents get away with offering partial refunds, even when they have received the majority of our cash, from Cruise companies and other?
We were offered about 2 thirds of our money back by the Agent (Jetline Cruises) but now reduced to 1/3, remaining refund amounts in each case on an RCN (Refund Credit Note) end of September. We just need our full refund but they just ignore our wishes and several messages? No point having a rule for refunds within 14 days, our holiday was cancelled in May and still no refund, HELP!
Comment by G Robson posted on
I reported Jetline Cruises to CMA on May 13 2020. I have received no contact from Jetline regarding my cruise refund since June 16. Cruise cancelled on Feb 16 2020. I am pursuing this through Section 75 with 2 credit card companies.
Comment by Richard Sanders posted on
I paid for a cruise with P & O on the new ship Iona for two families, trip was for September 2020. Cancelled in March as Covid-19 took affect.
Contacted Rol Cruise ( Agents) by letter and email to cancel cruise.
Since then I have written to them 3 times and each times they say we are dealing with this. I was told originally that it may take 90 days, now 100 days and still counting.
I will now take the matter further.
DISGUSTED with P & O, I will never use this company again.
Comment by Christine wood posted on
I paid £130 deposit to PO for a cruise after 2 cruises and because l cancelled a week before the government cancelld all travel due to covid l have not been repaid despite being offered a cheque or add onto next cruise and travel agents are taking thousands off people for 2 years and cancelling knowing ships are not cruiseing bad customer service l won't use them again its called stealing and abta and attol or bank insurance don't pay out or help
Comment by katrina stainton posted on
My son and six of his friends booked a holiday. Two of the boys dropped out. They still had to buy the whole of the holiday. They couldn't afford this so cancelled losing their 440 deposit but then had too pay another 120. Is this right? "
Comment by Siobhan Dickson posted on
I have paid in full for a holiday villa booked through Solmar Villas, this was booked ore covid for May 2020, they agreed to move the holiday to 2021 which was fine but still in the same predicament this year. They are refusing to refund me and the cost for moving it to the same time next year is too expensive. They have told me the villa is there and not cancelled so not breaching their contract. Spain is not permitting entry from UK residents and the UK Government are not permitting residents to travel. In my opinion Solmar cannot provide the service so I should be entitled to a refund.
Comment by Philip Harrison posted on
Warner holidays cancelled a Xmas holiday due to Covid last year. They haven’t returned the deposit. It’s only £100 but it’s the principle. You can call them on their hot line at 45p/minute but I’ve emailed since 25 Feb and despite promises they’ve done nothing. I think they are just hoping people will give up. Time to raise the anti on social media.
Comment by Margaret Winchester posted on
I booked a holiday with Sandy Balls (Away Resorts) in Hampshire for October 2021 and paid a deposit. I broke my hip and had further medical problems. I had to cancel and gave them 65 days notice. They resold the holiday, but refused to return my deposit, stating their terms and conditions did not allow for a refund; only offering to allow me to rebook within 3 months of my cancellation in August 2021. Of course, I was unlikely to be able to do so. I don't think this is fair, as they resold the holiday. Do I have rights?
Comment by kategraham posted on
Hi Margaret. We’re unable to advise on individual cases, you may want to get in touch with Citizens Advice: https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/
Comment by Karen Moore posted on
Yes you do have rights. The company has to prove it was fair to keep all your money despite reselling the holiday. You need to liaise with the company and if you still get no joy contact Trading Standards, Citizens Advice and ultimately report the company to Competitions and Marketing Authority - despite what a company’s T&cs say - they are supposed to be fair under Consumer Rights
Comment by Margaret posted on
Thank you.
Comment by Steve Aldwin posted on
I cancelled a holiday today booked for September on health grounds. I paid a deposit of £250.
I have been told that they will try to rebook but if they are unsuccessful I will not only lose my deposit but will be liable for the balance of £1400. I did not sign anything with these terms in it. Am I liable?
Comment by aislinnshivakumar posted on
Hi Steve,
We are unable to advise on individual cases, but if you contact our general enquiries team, they will be able to assist on where to go next: general.enquiries@cma.gov.uk
Comment by J Kirby posted on
Hoseasons,I have paid a £30 cancellation fee,and £333.deposit,
My break is 6 months away ,I cancelled because I have chest pain
and breathlessness,it was becoming a worry for me because the
Property has steep stairs,I have decided not to go away this year,
Until my health improves.I am happy to pay a booking fee £40.
and ins £30, but to keep my deposit is not fair,
Comment by kategraham posted on
Thank you for your comment. We can't advise on individual cases, but Citizens Advice may be able to help you: https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/
Comment by Phil Jenkinson posted on
I booked a holiday , 12 days ago, through love holidays and we now need to cancel. I have paid £97 I think as a deposit but to actually cancel the holiday they are wanting over £1000 to cover the flights they have booked on Ryanair. I cannot contact love holidays, it’s totally impossible. I have tried to cancel through online chat to someone at Ryanair and they said that would be fine they would easily resell the ticket, no problem, but I can’t do that. It would have to be the company that booked the tickets, love holidays. I’m stuck. Do I refuse to make any more payments and risk bailiffs coming round to the house? Please help
Comment by kategraham posted on
Hi Phil, thanks for your comment. We can't advise on individual cases but you can get in touch with Citizen's Advice who may be able to help: https://www.citizensadvice.org.uk/about-us/contact-us
Comment by Karen posted on
Hi I booked a holiday with love holidays I cancelled with in 2 hrs of booking it as transfers seats and luggage were going to cost a fortune. I spoke to tui airlines who cancelled flights and said I would be refunded. But love holidays say in there terms and conditions that flight are non refundable and they want me to pay £75 to cancel booking fee plus £25 and another. £980 for the flights I carnt cancel my holiday until this paid
Comment by Jade Reynolds posted on
Hi phill I'm currently In the same position as you with love holiday's
Booked only paying the deposit two members of My travelling party have dropped out love holiday's are saying flights are no refundable so I still need to pay the balance witch I simply can't afford what happed to you in the end
Any information would be really helpful
Thanks
Comment by Frank posted on
I was looking at euro parcs at availability I filled out a reservation form in to allow me to see what was available on their website! I didn’t pay a deposit and didn’t enter any card details and don’t want to go to there it was just an enquiry, I hadn’t been on emails and received a reservation confirmation from filling a my Persoanl details not any money related details but hadn’t confirmed I wanted to defiantly take it! they are now asking for the cost of the holiday in full cause I filled a form in I haven’t giveb a deposit etc where do I stand can they send debt collectors if I haven’t paid anything and haven’t have any payment details
Comment by Dawn posted on
I booked a caravan and paid £50 deposit for my relation who now cannot go the site, I can accept they keep this deposit because I have had to cancel on what would have been the first day of the booking, would they be entitled to still request the remaining balance from me?
Comment by Ben posted on
Hi Phil, I've just found myself in the same situation after booking a summer holiday with LH 8 days ago and have now been informed I'm losing my job (my flights are with TUI).
Did you have any success with the refund?
Ben
Comment by Lauren posted on
Hi Ben,
I'm in the exact same situation. What was your outcome?
Comment by Ken hurdiss posted on
I booked a holiday with TUI for September I paid £150 part of deposit then I had to pay £250 pounds after a few weeks I suddenly had a heart condition where I couldn’t go on holiday abroad so I cancelled the booking thinking that I would just lose the £150 but now I’ve had a e mail saying they still want the remaining £250 what happens if I don’t pay it ?
Comment by Competition and Markets Authority posted on
Hi Ken,
Please visit Citizens Advice https://www.citizensadvice.org.uk/ for more information, who may be able to help with your query.
Comment by Linda Baldwin posted on
I booked a holiday in haste for me and my family and paid £720 deposit and booked the wrong holiday can I get my deposit back
Comment by Competition and Markets Authority posted on
Hi Linda, please contact Citizens Advice who may be able to help with this. https://www.citizensadvice.org.uk/
Comment by Linda Baldwin posted on
Thank you all sorted now
Comment by Mr John Cotton posted on
If the airline changes the departure time making it unacceptable can I demand my deposit back ie breach of contract
Comment by Competition and Markets Authority posted on
Hi John, thank you for your comment. Please contact Citizens Advice who may be able to advise and provide more information https://www.citizensadvice.org.uk/