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Are 'non-refundable deposits' REALLY non-refundable

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Kos | 13:02 Wed 21st Jan 2009 | Law
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I've had to cancel a booking for a holiday I can no longer go on and would like to reclaim my deposit.
The company state it is 'non-refundable' in their Ts & Cs, but is it really, or do any of you bright sparks know how I might get it back?
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no, you eneterd into a contract with them, and it sounds like the deposit really is non-refundable. However, look at the terms and conditions - what do they say?
How long ago did you book, how soon is the holiday?
Question Author
Booked on Saturday. Holiday in April.

As stated, the Ts & Cs state that the deposit is non-refundable.
I'd be surprised if there isn't a 14 day cooling off period
I'd be surprised if there IS a cooling off period. No reason why there should be one if it was bought in a travel agents.

Not sure of the position with regard to an internet booking if it was done that way?
Question Author
It was an internet booking
You have a right to refund:

# Distance Selling Regulations (2000). These regulations stipulate that you should have several key pieces of information made available to you before you buy, namely:
# That you have what is known as a 7 working day 'cooling off' period, where if you change your mind you are entitled to a refund

http://www.onlineshoppingrights.co.uk/buying-a -holiday-online-consumer-rights-cancellations- refunds-and-complaints.html
Question Author
Ethel- I love you!!!!
Thanks!!!
I though distance selling regulations didn't apply to things like travel and holidays?

That site looks positive enoughg that they do though.

Now I'm confused
"Further to the Distance Selling Regulations regarding the 7-day cooling off period, you should always check the company's cancellation policies and the affect they have on refunds."

But the DSR's also include this for booking a holiday on line, so it is, from reading that, highly unlikely you will get your deposit back
Sorry: http://www.opsi.gov.uk/si/si2000/20002334.htm

2) Regulations 7 to 19(1) shall not apply to -

* (a) contracts for the supply of food, beverages or other goods intended for everyday consumption supplied to the consumer's residence or to his workplace by regular roundsmen; or

(b) contracts for the provision of accommodation, transport, catering or leisure services, where the supplier undertakes, when the contract is concluded, to provide these services on a specific date or within a specific period.

(3) Regulations 19(2) to (8) and 20 do not apply to a contract for a "package" within the meaning of the Package Travel, Package Holidays and Package Tours Regulations 1992[9] which is sold or offered for sale in the territory of the Member States.
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@ @
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setting aside the "coolling off" argument for a minute. In a case like this it forms part of the T&C's and presumably you signed so it's really a civil matter but I'd say by signing you agree thats it's non refundable so I'd say they are within their rights.
Question Author
I kniow they are probably within their rights I just wondered if anyone knew of a way around it.
Surely if it is so close to departure you will also be liable for the balance????
Wouldn't have thought there would be any additional liability on a holiday due for April. Even if it's the beginning of April that's still 8 or 9 weeks notice.
Question Author
If they think they are going to get the full balance out of me as well- they can whistle !!!
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Depends on the terms of your booking
Why shouldn't they be entitled to their money anyway? Not their fault you cancelled is it? What would you say if if it was the other way around?
It's all dependent on the reasons you can no longer travel
Question Author
I got it back

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