Question In the Event of a Covide Lock down in Perisher - Accommodation that is pre-paid

blutek

One of Us
Jun 2, 2003
2,191
320
263
central coast
Smigs lodge advised us,they have now cancelled our booking. We were holding out for a reduction in lockdown. Now for the Epic pass refund.
 
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Slalom

Part of the Furniture
Ski Pass
Jun 17, 2013
10,516
11,867
813
Melbourne
With regards to OP, we had 5 nights at a lodge on Perisher for late August. With the border closure from Vic and having to advise 45 days out whether we were cancelling, unfortunately had to pull the pin. 50% deposit paid. No refund, credit only. That’s ok with me. Something to look forward to for next season.
 
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currawong

Old but not so Crusty
Ski Pass
Sep 17, 2003
43,013
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Kiewa Valley
So in many cases there will not be a frustrated contract
... the relevant question to determine whether a contract has been frustrated is whether the situation resulting from the event was "fundamentally different" from that contemplated by the contract ....
An event is not a frustrating event if it merely makes the contract more expensive, impractical or onerous to perform

To me that suggests that a requirement to do 14 days QT on the way or way back would not constitute a frustrated contract, it just makes it more onerous. The exception would be if the requirement to do QT on the way was announced after too late for you to comply.

And worse, because this happened last year, it's hard to claim that such a circumstance could not have been contemplated.

While I personally think that the decent thing to do is to give a refund when lengthty QT would be required, it looks like it is neither unreasonable nor unlawful for the accom provider to refuse.
 

Legs Akimbo

Grumblebum
Ski Pass
Mar 3, 1999
68,411
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So in many cases there will not be a frustrated contract
... the relevant question to determine whether a contract has been frustrated is whether the situation resulting from the event was "fundamentally different" from that contemplated by the contract ....
An event is not a frustrating event if it merely makes the contract more expensive, impractical or onerous to perform

To me that suggests that a requirement to do 14 days QT on the way or way back would not constitute a frustrated contract, it just makes it more onerous. The exception would be if the requirement to do QT on the way was announced after too late for you to comply.

And worse, because this happened last year, it's hard to claim that such a circumstance could not have been contemplated.

While I personally think that the decent thing to do is to give a refund when lengthty QT would be required, it looks like it is neither unreasonable nor unlawful for the accom provider to refuse.
Sydney people are just not allowed out, I think. I'm not sure because I don't live there.
 

currawong

Old but not so Crusty
Ski Pass
Sep 17, 2003
43,013
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Kiewa Valley
Sydney people are just not allowed out, I think. I'm not sure because I don't live there.
I was thinking more in the abstract rather the specific situation. Someone who is not banned from travel but would have to do QT. eg not skiing related, a Victorian can fly to ACT to but must do 14 days home QT when they get back.
 

currawong

Old but not so Crusty
Ski Pass
Sep 17, 2003
43,013
35,532
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Kiewa Valley
I think that point is made abundantly clear in the article.
we all know that many will not read the article. I was summarising what I thought were salient points so that more people would get the benefit of the article taht you thoughtfully posted
 

Legs Akimbo

Grumblebum
Ski Pass
Mar 3, 1999
68,411
43,796
1,563
Coastal suburban boonies.
we all know that many will not read the article. I was summarising what I thought were salient points so that more people would get the benefit of the article taht you thoughtfully posted
One thing you learn very quickly as a baby lawyer is not to give definitive advice in the absence of facts. It's bad enough that your paying customers "forget" inconvenient facts. YMMV.
 

currawong

Old but not so Crusty
Ski Pass
Sep 17, 2003
43,013
35,532
1,563
Kiewa Valley
I'm not a lawyer.

but I very nearly was. i thought I wanted to do law, and got the marks, but decided computers sounded more interesting

and then I did end up doing a lot of work with IT contracts, negotiating, drafting and enforcing. but a long way from actual lawyering LOL
 

Stevie84

Hard Yards
Aug 17, 2020
46
45
68
What's been most people's experience of refunds?

I'd booked three different trips this year, and received the following responses:

1st booking provider stated no refund or credit.

2nd booking provider said credit will be provided to use on another date of our choosing.

3rd booking provider has stated we can choose another date, but it can't be during a ski season (this year or next).
 
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GlenH

One of Us
Ski Pass
Aug 13, 2007
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We got a 70% refund for a booking this coming week that we had to cancel.

We were also given an option to change dates but we were unable to due to work commitments.
 

Telezacski

A Local
Ski Pass
Mar 19, 2010
6,976
13,751
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What's been most people's experience of refunds?

I'd booked three different trips this year, and received the following responses:

1st booking provider stated no refund or credit.

2nd booking provider said credit will be provided to use on another date of our choosing.

3rd booking provider has stated we can choose another date, but it can't be during a ski season (this year or next).
Does the value still hold for shifting dates I.e a $5000 week winter booking isn’t equivalent to a week in summer, if you get two weeks in summer, that’s okay.

I don’t mind this outcome as you get value for what you have spent and hopefully the business in town get value from you when you can travel.


We got a 70% refund for a booking this coming week that we had to cancel.

We were also given an option to change dates but we were unable to due to work commitments.

Not a totally bad outcome everyone is sharing the loss.
 

Stevie84

Hard Yards
Aug 17, 2020
46
45
68
Does the value still hold for shifting dates I.e a $5000 week winter booking isn’t equivalent to a week in summer, if you get two weeks in summer, that’s okay.

I don’t mind this outcome as you get value for what you have spent and hopefully the business in town get value from you when you can travel.

That's good idea, but it unfortunately hasn't been offered to us.

Although we probably wouldn't want to go for more than a long weekend in the summer anyway.
 

albaphet

First Runs
Aug 12, 2021
1
2
3
We were booked into the stables at perisher and were 3 weeks out from our holiday when the lockdown was extended. According to their policy we were on the no refund zone. They contacted us within 2 hours of the announcement and asked if we wanted a refund or a credit for a future stay. Hats off to them for being proactive. We went for the refund and were charged $50 per adult for cancellation. I am super happy with this. Great communication with a customer centric approach.

We were going up for the same dates as 3 other families who were booked into the Perisher Manor who were only offered 70% refund on their accom or a deferment to later in the year, putting them out $1400 on average as the season will be done by then.
They are all quite peeved at the situation.
2 of them run small businesses and have been impacted by this lockdown financially but they all feel that the Perisher Manor is experiencing "unjust enrichment" from these cancellations.
 

joshuaali

First Runs
Jul 19, 2021
3
0
1
We were going up for the same dates as 3 other families who were booked into the Perisher Manor who were only offered 70% refund on their accom or a deferment to later in the year, putting them out $1400 on average as the season will be done by then.
They are all quite peeved at the situation.
2 of them run small businesses and have been impacted by this lockdown financially but they all feel that the Perisher Manor is experiencing "unjust enrichment" from these cancellations.
Same thing happened to us.

They should leave a review:
 

Val Desire

One of Us
Ski Pass
Jul 12, 2018
227
347
163
Lindfield NSW
We were booked into the stables at perisher and were 3 weeks out from our holiday when the lockdown was extended. According to their policy we were on the no refund zone. They contacted us within 2 hours of the announcement and asked if we wanted a refund or a credit for a future stay. Hats off to them for being proactive. We went for the refund and were charged $50 per adult for cancellation. I am super happy with this. Great communication with a customer centric approach.

We were going up for the same dates as 3 other families who were booked into the Perisher Manor who were only offered 70% refund on their accom or a deferment to later in the year, putting them out $1400 on average as the season will be done by then.
They are all quite peeved at the situation.
2 of them run small businesses and have been impacted by this lockdown financially but they all feel that the Perisher Manor is experiencing "unjust enrichment" from these cancellations.

That's strange.
I cancelled my booking first w/end Sept at the Manor - was worried as t&c's when booked stated 'no refund' on $800 deposit. Polite request for full refund in my email pointing out unforseen circumstances of long Sydney lockdown... two previous enjoyable stays....hope for future stays in happier times etc. Received refund less $100 per person and was happy with that.
 
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GlenH

One of Us
Ski Pass
Aug 13, 2007
1,013
1,348
363
That's strange.
I cancelled my booking first w/end Sept at the Manor - was worried as t&c's when booked stated 'no refund' on $800 deposit. Polite request for full refund in my email pointing out unforseen circumstances of long Sydney lockdown... two previous enjoyable stays....hope for future stays in happier times etc. Received refund less $100 per person and was happy with that.
You did well. How much notice did you give? That may have had a bearing?
 

Val Desire

One of Us
Ski Pass
Jul 12, 2018
227
347
163
Lindfield NSW
You did well. How much notice did you give? That may have had a bearing?
I gave 4 weeks notice, but t&c's did say no refunds, so I was happy with the result - happy being relative when this was third ski trip cancellation for this season....:cry:
Have one Crackenback villa credit weekend for next season, Manor refund back on credit card, and waiting for an August Jindy motel one to go back on... booked that through Wotif, cancelled well outside the 'free cancellation' period, yet motel had taken full amount off card and yet to go back on...:mad:. Two Epic passes to try and claim back - will wait for core season date to pass. Hoping they do role over to next year for adult pass and refund child one.
Bring on 2022!
 

joshuaali

First Runs
Jul 19, 2021
3
0
1
That's strange.
I cancelled my booking first w/end Sept at the Manor - was worried as t&c's when booked stated 'no refund' on $800 deposit. Polite request for full refund in my email pointing out unforseen circumstances of long Sydney lockdown... two previous enjoyable stays....hope for future stays in happier times etc. Received refund less $100 per person and was happy with that.
Don't they require you to pay 100% of the balance 8 weeks before arrival? I'm surprised you only had to pay $800 deposit (unless that was the total room cost rather than just a deposit).
 

Val Desire

One of Us
Ski Pass
Jul 12, 2018
227
347
163
Lindfield NSW
Don't they require you to pay 100% of the balance 8 weeks before arrival? I'm surprised you only had to pay $800 deposit (unless that was the total room cost rather than just a deposit).

I booked back in May & payed $800 deposit. They never requested or took balance from my card. I cancelled with four week's notice.
 
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