Center Parcs sparked anger with customers for its original decision to close its villages for the Queen’s funeral. The initial announcement to guests stated that they would have to leave by 10am on Monday and find alternative accommodation before being able to return at 10am the following day. Guests could leave their belongings but would have to stay elsewhere.
In what has been a PR disaster for Center Parcs with various announcements and backtracking, they have now stated that holidaymakers will be able to stay in their lodges. A discount will be offered to compensate guests as no facilities will be available in its holiday villages that day.
Guests booked to arrive at Center Parcs on the morning of the Queen’s funeral are being asked to delay their arrival until the following day.
Center Parcs Terms and Conditions
H4. Things beyond our control
This extract is taken from their website.
We cannot take responsibility or pay compensation if we cancel or change your booking in any way because of events beyond our control. Neither can we accept any liability for any injury, loss or damage you suffer because of events beyond our control. Events beyond our control include, but are not limited to: fire, flood, explosion, storm or other weather damage, break-in, criminal damage, riots or civil strife, industrial action, natural or nuclear disaster, epidemics and pandemics, adverse weather conditions, war or threat of war, actual or threatened terrorist activity and unavoidable problems with transport.
In exceptional circumstances, we may need to cancel your booking. If this happens we will advise you as soon as possible and offer one of the below options.
- A replacement break to the same value as the one you booked. If your new break is more expensive, you will be required to pay any additional cost. If your new break is less expensive, we will refund the difference.
- A full refund. If we issue you with a refund, we will return your money in the same way you made your original payment.
- In all cases, except personal injury or death, our liability to you for the total of all claims arising out of your break with us is limited to the cost of your booking less any cancellation, amendment or separate charges.
Breach of contract
This policy is a breach of contract and various consumer laws under these circumstances.
An extra Bank Holiday for the late Queen Elizabeth II who was 96 years old is not an exceptional or extraordinary circumstance beyond their control.
Center Parcs could have foreseen that this would likely happen within the next few years and an extra Bank Holiday would be granted by the UK Government for a state funeral.
It therefore follows that they have to take responsibility and pay compensation as this was not unforeseen.
Your consumer rights are enshrined in law and override any firm’s Terms and Conditions where terms and notices are considered unfair.
Consumer Rights Act 2015
The Consumer Rights Act 2015 states that goods and services ought to be:
- Fit for purpose
- As described
- Satisfactory quality
The Consumer Rights Act 2015 has a fairness test.
Key terms need to be prominent, fair, transparent and balanced. They cannot be buried in the small print, and contracts entered into cannot be amended at a whim to suit a trader.
What is an unfair term?
The Consumer Rights Act 2015 states that a notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations to the detriment of the consumer.
S62 Consumer Rights Act 2015 has a requirement for contract terms and notices to be fair.
What happens if a term is unfair?
An unfair term in a standard form contract is void. This means that the term is treated as if it never existed and cannot be enforced or relied on.
S68 Consumer Rights Act 2015 has a requirement for transparency.
Center Parcs cancellation policy cannot be considered fair, balanced or transparent.
Guests are also entitled to compensation for loss of enjoyment, inconvenience, stress and anxiety. This is subjective and can vary depending on circumstances, particularly if family members have autism which is recognised as a disability and a protected characteristic under the Equality Act 2010.
Consumer Protection from Unfair Trading Regulations 2008
The Consumer Protection from Unfair Trading Regulations 2008 prohibits misleading acts and omissions that are likely to entice a consumer into making a decision they would otherwise not have made.
Misleading omissions includes material information that a consumer needs to make an informed decision.
You have a right to seek damages for financial loss incurred as a result of Center Parcs actions.
Claims can also be made for suffering alarm, distress and inconvenience.
These are referred to as ‘consequential losses’.
S75 Consumer Credit Act 1974
Breaks paid for by credit card over £100 are covered by S75 Consumer Credit Act 1974. This holds the credit card provider jointly liable for breach of contract.
You can raise a dispute and enact a chargeback within 120 days of paying for the break to claw back your payment if you no longer wish to go.
Contracts entered into and paid for outside of 120 days can be raised as a dispute.
Cite ‘breach of contract’ under the Consumer Rights Act 2015 in your complaint. Credit card providers often reject this on the first attempt, so don’t be fobbed off.
Debit card payments and chargebacks
Chargebacks can be enacted within 120 days of paying for a break to claw back your payment with your bank under a separate voluntary code.
Center Parcs Complaints Procedure
You will need to follow the Center Parcs complaints procedure and contact them via their website. Ask for a copy of their complaints procedure so you can refer to it.
Put everything in writing – an email will suffice. I don’t do phone calls as it’s too easy to be fobbed off and have no record of what has been said and promised.
Make it easy to read and follow – keep it simple.
Keep to the facts and bullet point your complaint with a clear timeline of events and costs incurred.
Conclude by saying what you want to remedy your complaint.
Don’t give up!
Make a note of when you sent emails / letters and keep a diary note as a reminder to follow it up. Firms often rely on consumers forgetting about their complaints and giving up to avoid having to deal with complaints!
Perseverance breaks resistance.
Consumers know that things can and do go wrong. It’s how complaints are handled which makes all the difference.
Don’t forget that you are also dealing with real people who will be having to deal with thousands of similar complaints. Be polite and reasonable. You are more likely to elicit a good outcome by doing so.
Have you been affected by Center Parcs cancellations due to Queen Elizabeth’s funeral? Has this put you off booking a Center Parcs holiday? Let me know your thoughts on this.
