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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To be upset and angry at holiday letting situation?

51 replies

Earlybird · 07/08/2015 14:17

Dd and I will be in America over the Christmas break. In May of this year, my sister (who lives there) made a booking for us all to rent a cottage on the beach in Florida for the week between Christmas and New Year. She used a reputable agency that she has done business with previously. A deposit was made to hold the booking, and a confirmation email received from the agency.

Yesterday my sister got an email from the agency saying that the owners of the cottage have decided they want to use the house during the time we've booked, so the house is no longer available. The agency sent through a few alternative cottage suggestions - that are double the price.

To say I am angry is an understatement. How should I approach this? I think I should call (or coach my sister through the conversation) as she can be quite meek. Advice and suggestions greatly appreciated.

I'm going out for a few hours so will not be able to reply immediately.

OP posts:
tobysmum77 · 07/08/2015 18:46

OK so what is your good point? Other than options 1 and 2 we're all waiting....

UrethraFranklin1 · 07/08/2015 18:51

Can't you read?

OP only has one option: to find out whether they have the right to cancel, and if there is anything at all she can do about it. For all anyone here knows, they owe her nothing at all.
Wittering about small claims courts and lawyers and UK is pointless and unhelpful.

In all likelihood there is nothing at all OP can do other than hope they will do something out of goodwill.

achieve6 · 07/08/2015 18:54

OP, as your sister is based in the US, won't it be easier for her to check on laws over there? She can give you that info, then you can coach her for any further coversations with the agent.

tobysmum77 · 07/08/2015 18:55

finally, we agree re your final sentence which is the point I've been making right from the start. It took a while Confused .

lessthanBeau · 07/08/2015 19:03

we had a similar thing happen to us, we've booked a villa in Spain for next year, extremely low price, paid deposit, then the agency got back to us and told us the owner had increased the price for next year and hadn't got around to telling the agent, they offered it at the higher rate or our deposit back, however after looking around we are still getting a cheaper rate than the new advertised price (think the agent got them to compromise on it for us as we had already booked) and it is still a couple of hundred euro cheaper than similar alternatives so we decided to stick with it. I think you should just suck it up get your deposit back and find somewhere else, doubt very much that they would withhold the money already paid. there is loads of beautiful places to rent on the Florida coasts find one you like and don't be fobbed off with the same agency's leftover's if they're not what you want.
so jealous , love Florida have a great time.

Original poster
Earlybird · 07/08/2015 19:18

achieve6 - my sister and her dh will deal with this. I'm just trying to coach them from afar so they have arguments in mind when the call is made (she isn't very assertive). Fwiw, they have rented through this agency several times before and never had a problem Dsis plans to speak to the agency owner, rather than the property manager, as the owner is clearly the person with the 'power' to make things right.....if he's willing to do so.

Makeitacider - hadn't thought of it being a scam. This is a well-establshed agency operating in an up-market area, with homes rented mostly by families who are mostly repeat customers. It is too far off the beaten track to make it much of a destination for tourists. Not that that makes an agency immune to scams......

I suspect the weak terms & conditions may simply be because most of the rentals are straight-forward, so there hasn't been the need to protect against any/all eventualities.

OP posts:
UrethraFranklin1 · 07/08/2015 19:21

finally, we agree re your final sentence which is the point I've been making right from the start. It took a while

No, thats not at all what you said. If you don't read other peoples posts, do at least read your own.

OP, there must be more to the contract than that. If they don't supply them, there will be local statuatory law that you can refer to.

tobysmum77 · 07/08/2015 19:26

OK whatever Confused Hmm still have no idea what your problem is.

OP good luck, I hope you find a solution/ your sister finds out more info that we don't have Smile .

UrethraFranklin1 · 08/08/2015 00:41

Really? I couldn't have been clearer: its people talking shit about stuff they know nothing about. I've said so several times now, can't see how you're not picking up the point.

springalong · 08/08/2015 01:15

I lived in USA 20 years ago but a different state to Florida so different state laws. But there was an organisation called Better Business Bureau (or something). They were similar-ish to Trading Standards. Perhaps you could see if they could help with Florida state laws. There are very likely to be all sorts of regulations around holiday lets.

DamnYank · 08/08/2015 03:11

OP, yes do tell your sis to be very assertive. In America, the squeaky wheel gets the grease (I'm American).

She should tell the agency owner that she's rented from them several times before, never had any problems, has recommended the agency to her friends (whether or not that's true), has visitors coming all the way from the UK, so disappointing to have her rental cancelled and then be over-charged for alternate accommodation.

If that doesn't have desired results she should tell them to let the rental owner know that she'll be writing a TripAdvisor review about this experience (assuming rental is on TripAdvisormany aretell her to check). If they still won't make things right, I think she should demand her deposit back and find a rental through another agency.

I can't advise you about Florida state law, but if the contract doesn't explicitly state that they're obligated to provide alternate accommodation at the same price, they probably aren't. They'll just return the deposit to her. I can't imagine she'd want to hire a lawyer over this anyway.

Good luck--hope it works out for you.

Claireshh · 08/08/2015 03:24

This happened to us three years ago. I was furious! We were emailed a week and a half before flying to Florida.

The agents were great. They worked with the other letting companies on the island to find an alternative property. It was more expensive but the extra cost was paid by the agent. In reality I think it was the equivalent of them missing out on their cut of the fee.

The upshot of it was that we ended up in a far superior house. We had an amazing time. So much so that we booked it again last year and this year. We are on holiday at the moment. I reckon if you or your sister can be assertive enough it could work in your favour.

Which part of Florida are you going to?

Icimoi · 08/08/2015 08:19

The fact that the terms and conditions are basic is probably in your favour - they don't include a right for the agency to cancel.

Original poster
Earlybird · 08/08/2015 12:52

DamnYank - hadn't thought of the Trip Advisor angle. That could be an effective 'card' to play, should the need arise.

Claireshh - I've no idea what the agency stance is on returning the deposit when they've cancelled on us (only that they won't do it if renter cancels - will simply apply it to a future rental). I can only hope the agency owner offers us a similar solution to what you received.
We were due to go to a little community called Seaside. It is in the Florida panhandle, so a long way from Orlando / Disney and other 'typical' Florida holiday destinations.

Icimoi - I hope you're right. As mentioned earlier, the T&C are laughably inadequate - about 6 sentences long, and mostly to do with payment methods/due dates, and renter cancellation rules (nothing about if owner/agency cancel).

Haven't heard anything back from my sister yet, so don't know if the call to the agency has been made.

OP posts:
Original poster
Earlybird · 08/08/2015 20:52

Well....the plot thickens.

My BIL called and spoke to the agency owner (who knows dsis and her family because the rent from the agency 2-3x per year). BIL explained what had happened, and the agency owner was stunned. He said 'of course you have a contract for the cottage, and it should be binding. I don't know what is going on, let me look into it'.

Agency owner spoke to the property manager who admitted she had purposely double-booked the cottage when someone turned up wanting it for 2 weeks (our booking was for one week). She fibbed by saying the cottage owners had changed their minds on availability - and cancelled our booking so she could book in the 2 week customers. Shock Property manager said she thought we'd simply go for another property, so she sent dsis the 'excuse' email and some alternative cottages (at double the price, as I said before).

Agency owner called BIL back, explained exactly what had happened, said it was unacceptable and he was mortified, and that he would 'make it right' by finding us an acceptable alternative at the price we'd agreed.

So, all was well and good until my dsis received a nasty email from the property manager! Property manager was furious BIL had 'gone over her head' and spoken to the agency owner, and 'got her in trouble'. Shock How stupid can this person be???

Obviously BIL will be speaking to the agency owner again at the start of the week to relay latest unprofessional actions of the property manager. I suspect she could lose her job over this.

Unbelievable!

OP posts:
highkickindandy · 08/08/2015 21:16

"how stupid can this person be???"

  • stupid enough to put it in writing in an email from what you just said, so don't delete it! Grin
grapejuicerocks · 08/08/2015 21:33

Well it sounds as if you'll get a really nice property now. Agency owner obviously wants to keep on the right side of you as you are valued customers.

You are right. I think the property manager has just written her own job termination email.

Original poster
Earlybird · 12/08/2015 19:34

Well, as it turns out, we aren't being offered a really nice property as compensation after all.

We've been sent 4 different options, but all are 2-3 bedroom cottages with separate 1 bedroom guesthouses out the back....which means we all won't be under the same roof. Even meals will be difficult because most of the cottage dining tables seat 6, and there will be 9 of us.

The agency does have larger houses, but they are significantly more expensive and the agency owner will only do 'like for like'. Argh.

As it turns out, we are discovering that what happened to us is a regular occurrence. Evidently, the laws in Florida (or this area at least), give all power to the home owner. If they decide they want use of the house, they can ignore any reservations secured by a deposit. Shock

My sister spoke to a different agency trying to find another more suitable house. When she explained what had happened, the woman sighed and said it happens all the time. She went on to tell the story of someone she'd just had to call 2 days before their holiday to say she was hoping to find alternative accommodation because the owners had decided they wanted to use the house that same week. Ludicrous, and astonishing!

I have to say the whole experience has put me off. What was supposed to be a fun, relaxing family gathering is now turning into a complicated mess. At this point, we are discussing which compromise we can best live with - rather than getting something that truly suits us.

OP posts:
AnnoyedParent22 · 12/08/2015 19:44

Gee, you're a bit rude Urethra...

Didn't know we have to be a practicing US attorney in order to offer a thought or suggestion on this situation Hmm

I'm sure the OP realises that random MN posters are not necessarily legally trained and will look into the relevant legal implications herself if required...

PLUtoPlanet · 12/08/2015 19:55

Well! "Down with Florida" is all I can say! Shock

What a lousy way to treat tourists.

GarlicDoughballsInGlitter · 12/08/2015 20:00

So dI spite the agency owner being appalled at the employee... He is got along with her plan??

eddielizzard · 12/08/2015 20:10

an awful lot of aggression on this thread.

i'd be well pissed off too (about the house). i think i'd be tempted to get my money back on principle and look elsewhere (if you can). what an awful pita when you should be looking forward.

if it happens all the time i would be quite wary of going there. if everyone did the same then house owners would be a bit more careful about how they treat their clients.

caveat: i am not legally trained in any country in the world and therefore you should not take any of my post seriously in any way at all.

eddielizzard · 12/08/2015 20:11

yes - i think the owner and his staff do this all the time. he's not really making things right is he?

Original poster
Earlybird · 13/08/2015 00:08

No, the agency owner is not making this right. He's simply offering us what hasn't yet been rented - which is an indication that they are the less desirable properties.

Oh and fwiw, the rude employee who a. fibbed and b. sent a rude email to my sister, will not lose her job. Evidently she is a relative of the agency owner. Shock

What is astonishing is that this is one of the top agencies for this community - so not a fly-by-night operation.

This is no way to do business, but it appears Florida law (at least in this area) allows this business practice. No idea if this would be allowed in the central part of the state where Orlando / Disney / Universal are located.

OP posts:
Original poster
Earlybird · 13/08/2015 00:09

edddielizzard - hard to tell how much of this mess is down to the owner / agency, and how much of it is down to what is legally permissible.

OP posts: