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Help who is being unreasonable

(33 Posts)
mimi1234 Tue 11-Aug-15 12:32:17

First thread need some advice......
We booked a holiday sharing a villa with some family members our family and theirs we both paid £100 deposit and agreed to split the remaining balance.
They ended up pulling out, we carried on with the holiday paying the whole balance ourselves.
Just had emails from the villa people saying the £100 security deposit is due back, other family are saying it's their we are saying it's ours as they pulled out at no fault of ours (visa problems) who is right?

honeysucklejasmine Tue 11-Aug-15 12:34:31

Did you both pay £100, or £50 each? Either way, if they paid it I don't see why they shouldn't have it back too. Presumably you didn't pay it twice, so your holiday cost £x minus the part of the deposit they paid.

Give it back.

waffilyversati1e Tue 11-Aug-15 12:35:02

how close to the holiday did they pull out?

Fundamentally though, you need to ask yourself whether its worth the fallout over £100.

MaidOfStars Tue 11-Aug-15 12:35:08

If you paid the regular cost of the villa, with no additional expense incurred, with your consent after they dropped out, they get half back.

If you paid additional costs for some reason I can't think of, that were directly due to them dropping out, you negotiate.

BlueMoonRising Tue 11-Aug-15 12:35:32

If it was a non-refundable deposit in event of cancellation, then they shouldn't get it back.

If they could have got their deposit back at the time of cancelling, then they should get it back.

Gottagetmoving Tue 11-Aug-15 12:35:32

I would say it is theirs. It was your choice to carry on with the holiday.
I am surprised the Villa people are paying back any deposit.

GotToFTFO Tue 11-Aug-15 12:36:47

I think the point of a deposit is that you loose it if you pull out.
You have had to pay more for a holiday due to them pulling out son i don't think they should really expect it back.

DoreenLethal Tue 11-Aug-15 12:37:20

Are you sure it is the deposit or an amount they add on to make sure that nothing is damaged?

MiddleAgedandConfused Tue 11-Aug-15 12:40:35

I'm guessing the deposit they paid was to secure the holiday - nothing to do with the security deposit which was taken to ensure you didn't damage the premises. At best I would suggest that they may be entitled to it pro rata. If the villas cost £1000 to rent, £100 cost was their's, then they would be entitled to 10% back max.
If you had damaged the villa, would they have paid half the cost for the repairs? Don't think so. So I think it's yours.
But not sure I would fall out with them over £50.

PatriciaHolm Tue 11-Aug-15 12:40:47

This won't be related to the balance of the holiday, it'll be an entirely seperate £100 deposit that you, the ones who went on the holiday, will have paid as security against damaging anything, surely? So it's yours, and I can't see how they think they have any claim!

ImperialBlether Tue 11-Aug-15 12:41:49

If you hadn't paid for the whole holiday, they wouldn't have got their money back at all anyway.

I think as they withdrew, they lost their deposit. However, if it's only £100 and if it's close family, I'd probably just give it to them.

Ragwort Tue 11-Aug-15 12:42:22

Agree with honey - the deposit presumably is an up front part of the total package, which you agreed to pay?

It's a slightly grey area as perhaps it would be a much more expensive holiday than you would have originally planned if you weren't going with another family ............... but as someone else said, do you really want to fall out over £100?

Oldraver Tue 11-Aug-15 12:47:38

I think they pulled out putting you in a position of paying the whole villa cost so have got bloody cheek wanting the deposit back.

Had you of pulled out as well (not wanting to stump up the whole villa cost) they would of been no deposit to return

firesidechat Tue 11-Aug-15 13:01:17

I don't understand some of the replies on here.

Presumably the op had to book a villa that would accommodate all the family members which would have cost considerably more than if they had booked just for themselves. The inconsiderate family then pulled out leaving the op to fund the entire cost, rather than just the share they would have expected to pay.

Of course they don't deserve the deposit back It will help the op to recover some of her additional expenses.

BlueMoonRising Tue 11-Aug-15 13:12:43

I still think that, of at the time of cancelling, the deposit was refundable, they should get it back.

Because presumably the op could have cancelled too, got her money back, and chosen another villa.

I think it unlikely that that was the case however.

A non-refundable deposit is just that. Non-refundable.

LIZS Tue 11-Aug-15 13:20:19

I'd the deposit get offset against the balance ie. You paid £200 total, part as security deposit , part towards the booking. If you agreed to stump up for whole villa regardless , so would have incurred the same expenses, who has been left out of pocket? I think effectively they have funded the security deposit do should now get it back.

Balanced12 Tue 11-Aug-15 13:32:58

They are being unreasonable going direct to the villa managers rather than speaking to you very rude.

And a deposit is a deposit you don't get it back if you pull out

Collaborate Tue 11-Aug-15 13:50:59

You paid double what you ought to have paid. Solely because they backed out of a commitment to join you on holiday.

I agree with those who say the £100 they paid was to secure the booking. You paid the breakages deposit separately. If they can't see this then they're rude and I wouldn't be too bothered about causing offence.

LazyLouLou Tue 11-Aug-15 14:46:04

Tell them you will forward their deposit when they pay their half of the villa rental smile

I would possibly go all PA on this. Give it them back in cash, in a card with a little message... not saying what message I would put in it, you can have some fun imagining that. smile

Or maybe wait until you all attend a family get together, give it back to them then, loudly... Here's your deposit for the holiday we had to pay for!

But I know that, much as you probably despise their actions, you'll be the nice one, the one who sucks it all up and smiles, the so Very British Stiff Upper Lip one and all that. Just like I would, in real life grin

mimi1234 Tue 11-Aug-15 16:43:37

Hi thanks for your reply we both paid £100 each to I presume secure the dates we wanted, the £100 coming back is a deposit they add on to the balance just incase of damages ect we ended up paying double then we expected for a villa bigger then we needed when they pulled out we couldn't pull out as we had flights books so would have lost a lot of money but they just can't see it from our pov so just needed to double check we wasn't in the wrong

wowfudge Tue 11-Aug-15 16:47:31

At what point was that £100 you are getting back paid over to the villa people?

wowfudge Tue 11-Aug-15 16:51:52

Ah, I think I get it: whatever you paid they are saying that because you are getting the £100 security deposit back, that should be used to refund their initial deposit. Cheeky beggars! So you've had a doubly expensive holiday and should lose the security deposit too!

LazyLouLou Tue 11-Aug-15 16:55:52

Then just shout louder: that was a non refundable deposit. This is our damages deposit. No no no no no no no.

I am assuming that the money I coming directly to you so they can't get it unless you give it to them? At which point, with them being family, you will need a stock sentence, maybe:

Yes, they want our damage deposit back after they cost us XX when they fucked up the holiday booking.

They are being unreasonable, have no fear pointing it out! They aren't bothered about upsetting you, or causing a rift in the family. Stick to one short explanatory sentence, forever. And sod 'em!

Theycallmemellowjello Tue 11-Aug-15 16:59:27

It's theirs I think. You presumably had the option of cancelling the holiday and only losing the deposit? In that case they should have paid your share of the deposit. But you decided not to do that, so I don't see a reason why they should subsidise your holiday.

Theycallmemellowjello Tue 11-Aug-15 17:00:42

Oh sorry, I see it's a different deposit that they never paid in the first place. Ok well yes that's yours!

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