Can I get a deposit back if I cancel?
Often you can get some or all of it back — a "non-refundable" label isn't automatically binding. Under the unfair terms rules in the Consumer Rights Act 2015, a term is unenforceable if it's unfair, and a business can usually only keep an amount that reflects its actual losses from your cancellation — not an arbitrary penalty. A true deposit or reservation fee should be only a small percentage of the price; a larger advance payment shouldn't simply be forfeited in full. A trader also can't keep money it can recoup by reselling the slot to another customer — typically only genuine admin costs are retained then. And if the trader cancels through no fault of yours, you're generally entitled to a full refund; "no refund in any circumstances" is likely unfair. In short: yes, often partly or fully — ask for a breakdown of their genuine loss.
📋 The rules
- 'Non-refundable' isn't automatically enforceable
- A business can keep only its actual losses
- It can't keep money it recoups by reselling
- A genuine deposit is only a small % of the price
- If the trader cancels, you're usually due a full refund
🔓 Exceptions
- Cancel at very short notice with no chance to resell — they may keep most/all
- A genuine small reservation fee can be kept on a change of mind
- Package holidays follow the Package Travel Regs instead
⚠️ Penalties & fines
There's no fixed statutory figure — the legal test is the trader's actual direct loss, which can include incurred costs and lost profit, but not sums recoverable by re-letting or reselling the booking. Always ask for a written breakdown. A "no refunds in any circumstances" term is likely an unfair term and unenforceable. Enforcement is led by the CMA and Trading Standards, and under the DMCC Act 2024 (from 6 April 2025) the CMA can fine up to 10% of global turnover. Recovery routes if a trader won't refund: chargeback, a section 75 claim for credit-card payments of £100–£30,000, or the small claims court (up to £10,000 in England and Wales). Beware a myth: "I signed that it's non-refundable, so I've lost it" is false — if the business can resell, or the amount exceeds its genuine loss, you can often reclaim some or all. To claim: request the loss breakdown in writing and escalate via your card provider.
📎 Official sources
- Which? — claiming back a non-refundable deposit →
- Consumer Rights Act 2015 →
- GOV.UK — cancelling goods or services: guide for consumers →
❓ Frequently asked
Can I get a non-refundable deposit back?
Sometimes, yes. A 'non-refundable' label isn't automatically binding. Under the unfair terms rules in the Consumer Rights Act 2015, a business can usually only keep an amount reflecting its genuine losses from your cancellation. If it can resell your slot or the deposit exceeds its actual loss, you may be able to reclaim some or all of it.
How much can a business keep if I cancel?
Only its genuine, direct losses caused by your cancellation. That can include costs already incurred and lost profit it can't recover, but not money it gets back by reselling the booking to someone else. There's no fixed figure, so it's reasonable to ask the trader for a written breakdown of the loss they're claiming.
What's the difference between a deposit and part-payment?
A true deposit or reservation fee should be a small percentage of the total price, securing the booking. A larger advance payment is really a part-payment and shouldn't simply be forfeited in full if you cancel. The bigger the sum a business wants to keep, the more it has to justify it as reflecting genuine loss.
What if the business cancels, not me?
If the trader cancels through no fault of yours, you're generally entitled to a full refund, including your deposit. A term saying you get 'no refund in any circumstances' would likely be an unfair term and unenforceable. You shouldn't be left out of pocket because the business couldn't provide what you paid for.
How do I get my money back if they refuse?
Ask for a written breakdown of their claimed loss first. If they still refuse a fair refund, you can try a chargeback through your card provider, or a section 75 claim for credit-card payments between £100 and £30,000. As a last resort, you can bring a small claim in the county court for up to £10,000 in England and Wales.
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