Question about cancelling a booking at Hotel Giethoorn

Questioner

On June 24, 2020, I made a reservation at the Giethoorn hotel. The plan was to stay there from September 16, 2020 to September 18, 2020. Unfortunately, my wife got sick one day before departure, which meant we couldn't go. The hotel then offered us the opportunity to book at a later date. Due to all the measures surrounding the Coronavirus (the hotel was still open) and because my wife is pregnant, it is no longer possible for us to go to the hotel (we had not yet planned a new date). I therefore contacted the hotel by email on Wednesday, July 14, 2021, asking if we could cancel the booking completely. This was possible. However, we can only get €85.20 back. The total amount of the booking is: €177.90. The hotel will retain an amount of €92.70 in cancellation costs for this cancellation. The hotel's website states in the terms and conditions that you can cancel free of charge up to 7 days in advance. However, because it was only canceled 1 day in advance in September 2020, we cannot now get the full amount back. We also had the option to book a date (after a lot of emailing back and forth) for June 22, 2022 or I have to sell the voucher that I can get (worth the full amount of the booking) myself in order to receive the full amount back through sale. I have asked for the full amount to be refunded, but they are not doing this. According to the hotel, this is stated in the terms and conditions. However, I only read that it is free of charge up to 7 days in advance. My request to send the terms and conditions, including the costs of the cancellation, has not been answered. Nor has my question about how these costs were calculated. My question now is to what extent am I within my rights to still get the full amount back. And what can I still do about this?

Lawyer

You can always cancel but then you have to compensate the actual damage suffered by the company. Lost income from room rental. Of course it is possible that someone else has taken your place and no costs have actually been incurred. The cancellation clause itself is otherwise okay but is not included here because you cancelled later.

Questioner

Thank you for your response. So if I understand you correctly, it is not possible to get the full amount back. I have asked for the conditions in which it is stated that I have to pay this and also what the costs are. The hotel does not answer this. In my opinion they neglect to send this to me. Other questions in the same email are answered. Are there any other options for me to get my money back?

Lawyer

You understand that you first have to make costs to be able to recover any remaining claim, these costs are not in proportion to the amount of the main claim. I think that in this case you would be better off accepting a voucher for another date.