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.

I think you probably can find suitable accommodation.

But in terms of compensation, I would look at the contract. Spanish law should be largely like UK consumer law because most of it comes from EU law. If you had cancelled now (in normal times) what would your obligations been? More than just paying the deposit? If not, I don't think you can expect more. But if eg they had a term that said they can keep 60% of your money, I would expect that to work both ways. Suppliers can't make everything one-sided.

But you have to mitigate your loss, so if you can find suitable accommodation for a similar price, which you will be able to, then you can't expect any compensation because you've not suffered a loss.

You also said last family holiday with your mum - is that because she is terminally ill? Sorry if that is the case but if you tell accommodation providers that they might be more willing to help?

It's so far from a definite you'll be allowed to go on holiday then that you can't blame the owners.

Check your contract with them for any penalty clauses for cancellation. Even if it’s say 50pc if you cancel within 3 months you could argue to them that would apply vice versa.

Unless you’re versed in Spanish law though it’s really down to them, and to be honest I would expect it. I had similar happen with air bnb and air bnb paid the difference. A private contract I wouldn’t expect same, as furious as I’d be.

So the contract just states that if I cancelled I would not get my deposit back. Balance was to be paid on arrival. It also states that the agent can reserve the right to offer us a similar property if circumstances outside of their control dictate that we can't rent this one. So far they have offered me another property which might be available if the current clients cancel their holiday but which is £1000 more than what we paid for the one we booked.

I don't really understand. Yes, it's rather annoying and hugely inconvenient. But some holiday accomodations take bookings for a year or more ahead. Would all those people have to be "compensated" too ?

If only there was some kind of insurance backed holiday scheme that covered this eventuality. One included when you book through an agent, perhaps.

I hope your short holiday will be worth the two week quarantine on your return.

Spanish law should be largely like UK consumer law because most of it comes from EU law.

This is in no way true. The amount of EU consumer law that affects local regulations is tiny.

The flights and accommodation were booked separately. Therefore you are not entitled to compensation for the flights from the apartment owner.

Years ago we booked an appartment in France through an agency.

Not long before we were due to fly, the owners decided to reserve the appartment for their own use. The agency found us another in the same town and waived the difference in the rental.

I think the agent should offer you the more expensive place if available but at no extra cost.

I had one of the big U.K. holiday cottage companies do this to me many years ago. They rang up and said I could still go to the place I’d booked if I wanted but it had a reported mouse infestation, or they could offer us a much more expensive place up the road at no extra cost. I bit their hand off!

Nah, you're hoping for too much. This is just tough luck unfortunately.

Well that would be a result @JacobReesMogadishu - will certainly snap their hands off if that happens.

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.

That's your own choice and nothing of relevance to an insurance claim though is it?

Erm there is no insurance claim - it's not insured. Not sure what you're getting at tbh. Yes it's my choice not to move the holiday to another time as it's simply not convenient. We'll either go in July, or not at all if we still can't travel.

@MintyMabel

No need to be a douche about it.

And if I am lucky enough to go abroad this year, damn right will I enjoy quaratining for two weeks afterwards - why wouldn't I?

This is the risk with booking things separate. The villa company are only responsible for the villa mot any separate flights you have booked.
You are getting a full refund on the accommodation which is all they should do.

Being in insurance, you knew this was a risk. We take package deals precisely because we would be covered if one aspect failed. Not saying I am unsympathetic. I hope you sort something.

Is it worth seeing if you can find a hotel instead of looking for another villa? Sorry if you've already tried this.

Who do you want the compensation from?

Your contract is with the travel agent and not the property holder? I would imagine that the contract between the property holder and the travel agents has a clause that the property can be sold and booking can be cancelled.

I can understand your disappointment OP.

I doubt very much if you will be compensated in anyway, most contracts exclude consequential losses, ie cost of flights.

I expect a lot of people that planned to travel in July will cancel, so more accommodation options may become available.

Good luck.

Personally, I would push the agency to give you a similar or better villa at the same price. They can pay the difference.

Oh no @chocolatesaltyballs22 I'm so sorry! We've been chatting on your earlier thread, it was all starting to look so positive for your holiday! Your best hope is probably last-minute cancellations from people who decide against foreign travel but have been waiting for an official cancellation so they don't have to pay full whack.

@cardibach I think OP meant that the UK government will either bench their quarantine plans or that they'll have been lifted by the time she's coming back into the UK, to kickstart international tourism.

Thanks @QuimReaper, I do remember you. I think a last minute booking will be our best bet if we find we can travel. I hate everything being up in the air like this!

@MintyMabel What on earth got up your arse?

I am sorry I know this must be a pain for you - but people sell for a reason. Maybe they needed the money. It’s unlikely they would turn down a good offer to make sure the apartment was free for some random stranger to rent. It’s likely you can find somewhere else so why would the compensate you on the flights?