Lay My Hat

We have a 7 night Xmas booking at our Chester house in tier 2 from guests who live in London, now in tier 3. I emailed them to say that, sadly, since they won't be able to travel before the 23rd, we would have to reduce their stay to the 4 nights of the Xmas bubble and offered them a refund for the lost 3 nights or the option to cancel or postpone.

They have have come back to me saying that they're still planning on arriving on the 21st. Reasons are that they're worried about how many people will be travelling on the 23rd, plus they've been isolating since last weekend. Also, her sister, who they are seeing on Christmas day, says this is government advice, not law.

I'm trying to find the best way of responding. The gov.uk tier 3 'what you can and cannot do' page clearly says 'Avoid travelling outside your area, including for overnight stays, other than where necessary'. I'm thinking that I need to tell her that we risk a fine or something if she goes ahead but I can't find anything to back that up.

She's put us in a tricky situation - I don't want to create any bad feeling just before she arrives. Has anyone else encountered this and how did you handle it?

The advice is to avoid travelling outside Tier 3, it does not prohibit it. Surely you cannot refuse or amend their booking as there is no legal basis to do so? Do you really risk a fine if they stay?

I've re-read the 'what you can and cannot do' page for tier 3 and at the top of the page it's headed 'guidance', so you're right, the 'avoid travelling outside your area' is not an order but advice. There are fines for breaking the rules on group sizes so I guess that bit is more than just guidance, but the rest seems to be basically at the individual's discretion.

I'd assumed (wrongly) that she would want to shorten her stay and then we would refund her the difference. We won't cancel because that would cause us a lot of hassle - following our T&Cs we'd have to find her alternative accommodation. So I'm going back to her to apologise for assuming she'd want to cut her holiday short and let her know she can still travel as planned.

I'm struggling to keep up with all this. It seems that although the Xmas bubble dates are 23-27th you can stay overnight in a hotel from 22nd-28th Dec so I got the dates wrong too!

Same situation but feel it's unfair to residents to honour booking.

I'm with Apexblue. Just had to tell some London guests, so new to tier 3, that we'd have to cancel their New Year booking. They were still keen to come but I think most people understand when you give reasons. I wouldn't like my holiday cottage neighbours to think I was flouting the rules and risking their health and Dorset's nice and low Covid figures. It might be only guidance not law, and some of the guidance doesn't make much sense, but I reckon we have to do our best to abide by it.

A bit different for you Joanna as the guests are already allowed to stay for the Christmas period anyway. The dates either side of the 23 - 27th they will need to continue to follow Tier 3 rules. Another bit of Government guidance that makes little sense

They cannot form a Christmas bubble before 23rd, but one household can travel and stay on 22nd in order to meet their Christmas bubble just after midnight if that makes sense! So if they are from different households in Tier 3 they cannot stay on 21st or 22nd.

apexblue wrote:Same situation but feel it's unfair to residents to honour booking.

I know what you mean. My problem is that as long as they are allowed to stay for the Xmas bubble period, I think we're contractually committed to providing the accommodation.

Personally I think the whole Xmas bubble relaxation is looking like a mistake and I was hoping the guest would see it that way too. But they are assuring me that they have been isolating & will be very careful and stick to tier 3 rules while they're there. I think we'll have to trust them.

Joanna wrote:

apexblue wrote:Same situation but feel it's unfair to residents to honour booking.

I know what you mean. My problem is that as long as they are allowed to stay for the Xmas bubble period, I think we're contractually committed to providing the accommodation.

Personally I think the whole Xmas bubble relaxation is looking like a mistake and I was hoping the guest would see it that way too. But they are assuring me that they have been isolating & will be very careful and stick to tier 3 rules while they're there. I think we'll have to trust them.

They cannot legally stay on 21st December. There is a legal restrictions on gatherings. https://www.legislation.gov.uk/uksi/2020/1374/made

unless they fall into one of the exceptions...

Participation in gatherings in private dwellings and other indoor spaces



(2) No person living in the Tier 3 area may participate in a gathering outside that area which—

(a)consists of two or more people, and

(b)takes place in a private dwelling or in any indoor space

In our case the booking is for a couple who are a single household so as long as they don't meet with anyone else until after the 23rd they will be following the gathering rules.

Tell them that part of your duty of care and responsibility is to follow the official guidance, and if you don’t demonstrate this level of responsibility and diligence your insurance will be invalidated; hence you cannot accept them. That may or may not be the case, but insurers are looking for any reason not to pay out, and a big claim for injury etc would be a nightmare.

London is now tier 4
https://www.bbc.com/news/explainers-52530518

A stay at home order is being issued to residents - although those who have to travel for education or work may continue to do so.

Yep - we've been overtaken by events. Guest has now admitted defeat and cancelled and I've done yet another refund.
Plus our Xmas plans to see my Mum in Devon also cancelled. Not entirely unexpected, but I wish they hadn't left it so late