Apartment owner cancelled booking and sold property

[chocolatesaltyballs22]

So our July holiday appears to be completely jinxed and I don't know what to do. We are meant to be travelling to Spain on the 11th, private apartment booked via Spanish agent. Completely understand FCO advice is still not to travel however am equally aware that this may change, and that the Spanish government are welcoming tourists from early July.

I found out from the Spanish agent at the weekend that the apartment owner has decided to cancel our booking as they have sold the property. No regard whatsoever given to existing bookings and the fact that we have a contract with them (and have paid a hefty deposit). They have said that they will refund our deposit but AIBU to expect more in the way of compensation? I have flights which we have paid out for and if they are not cancelled we will not be able to get them refunded. I've looked around for other accommodation but it looks like everywhere suitable is booked, or hugely more expensive (ie massive villas). We are going to a very popular part of Spain where accommodation gets booked up for the summer a year in advance. Just don't know what to do.

Check the terms of your agreement with them, but probably not. You know you will have to quarantine for 2 weeks when you get back to the UK?

Surely you can claim your travel insurance for the cost of your flights?

Yes I realise that but I work from home so not really a problem. Also think that may change if I'm honest if the government want to kick start tourism for the summer and don't want to put people off from travelling, but who knows.

This is quite standard unfortunately. The buyers will have been asked if they want to do rentals and carry forward bookings but have obviously said no.

I kinda think it's a bit off if this is standard and in all my years of travelling to this part of Spain I've never had an owner cancel a booking and break a contract. Maybe I've just been lucky. But I think when you make a booking and pay a deposit you expect it to be honoured.

Surely you can claim your travel insurance for the cost of your flights?

Not if the flights are running. Having a property owner cancel an accommodation booking is not something which is an insured event.

You may have to pay a fee but could you rearrange the flights for another time?

All things I've thought of but there's not another time which is going to work for us all to go - this was a last family holiday to include my mum. After this year we'll have no kids with us and we'll be holidaying on our own, so to rearrange 4 flights for another time just doesn't work unfortunately.

Why do you feel you are due compensation?

Because they have broken a contract with me and I stand to lose money on flights, or potentially pay more for accommodation because of what's now left. To be clear, we 100% planned on travelling if we are allowed to. It feels like they've just gone oh sod it no one will be going on holiday so we'll just stitch this client up.

Did you take out insurance for cancellation of holiday that was beyond your control?

Also think that may change if I'm honest if the government want to kick start tourism for the summer
Even if this is the case, why would they want to kick start Spanish tourism? They’ll want people to spend their money in our economy, surely?
Plus they’ve taken so much (justified) shit about not locking down airports they aren’t going to change it within a couple of months af actually doing something.

I think that's the risk you take when you book each part of a holiday separately rather than a package. Booking a package holiday gives people that extra peace of mind should one aspect of the holiday fail as you are covered for it all. Obviously many holidayers including myself book separately as it works out cheaper and more flexible. Sorry this has happened.

Because without it they'll be out of pocket for not booking early enough when they did book early enough.

I would keep looking for other apartments if I were you. People will cancel their holidays and I'm sure some will become available.

Did you take out insurance for cancellation of holiday that was beyond your control?

I work in insurance - I have cover. But no policy insures against a property owner cancelling an accommodation booking. It's not an insured event.

Also @cardibach am fully aware I may still have to isolate for 14 days after coming back - this isn't a problem. When I said the government might want to kick start tourism what I meant is that they won't want UK airlines to go under, therefore discouraging people from flying is not in their interests in my opinion.

Thanks for the replies. Seems like maybe I'm expecting too much.

I had Novosol cancel booking on me last year and wasn't even offered deposit back initially. Just a couple of alternatives which were not great for same price neither suitable. When I phoned they then agreed to refund but under their contract appeared to only need to offer an alternative.

I'ld be surprised if it's fully booked in this climate though some people maybe waiting until last minute / month to cancel. Has the agent not got an alternative? Maybe ask for ideas on MN shorthaul board - we normally stay in hotels. Have you tried AirBNB / Novosol, not that I would especially recommend either? Places might just offer discounts in current climate as well so might be worth e-mailing an offer to a more pricey one. Just checked our hotel for summer in Thailand and price is a fraction of what I've paid for August, maybe 40%. We wouldn't be going as not viable for us.

they will refund our deposit but AIBU to expect more in the way of compensation?

yes, YABU

They are giving you 6 weeks notice, something like that? It's inconvenient but nowhere near a last-minute change of plans.

We have a holiday home that we let out (in UK). If we cancel a booking out of choice (rather than being forced to by government/incident such as flood or fire) then we have to pay the guests 120% of the rental. Check the contract.

You are definitely not being unreasonable, and under English law if not otherwise covered (eg liability limited or a right to terminate included) under the contract, you could sue for the additional losses connected with your flights as they are a direct and reasonably foreseeable loss of their breach of contract. So definitely check the terms and conditions to see what they say, although no idea how Spanish law works. But if I was you I would be very annoyed too!

A lot of the people who own holiday flats and cottages abroad or in this country just have the one and rely on the income to keep the place going. Faced with a lack of a season it makes perfect sense to get a quick sale before the market is flooded with these types of properties.

Surely there be lots of availability for other properties as people will have cancelled.

Why can’t you just rent another apartment? That’s clearly what the insurance companies expect which is why they won’t cover any losses from owners cancelling bookings. I’ve regularly travelled where I only book accommodation the day before, it’s not hard. And business travellers do this a lot too so it’s not only low end accommodation that will be available. With the crisis there is likely to be way more availability of last minute accommodation than normal. If you have an agent, surely they can recommend similar properties in your price range?

I think you are making a mountain out of a molehill - shit happens, you won’t be out of pocket, you can still go on holiday. Why should you also need compensation for the minor inconvenience of having to book some different accommodation with 6 weeks notice?

It's a bit crap but can you Airbnb or search Booking.com for alternatives before giving up hope?

Believe me I've spent the past two days searching and as things stand there is nothing similar available within the same price range, unless I want to completely break our budget and spend about £4k on a flashy villa. This is an extremely popular area where accommodation in the summer months sells out a year in advance. Hence why I booked this place last July!

I think they are only obliged to refund the deposit. Your flights will need to be a separate claim. CV has changed everything. Or rent a different apartment if you still want to go on holiday.