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Original poster

Holiday Cottage Booking Resold without my ok

71 replies

CoastalCalm · 13/08/2024 16:41

Apologies if long will try to keep brief

In the last two weeks I have found out I have a large ovarian growth and also dye used in CT scan caused kidney damage so have been in hospital. On fast track and seeing gynae on Friday re surgery.

We have a holiday cottage booked in a couple of weeks which is paid for £700 plus.

Last Friday I messaged the cottage owner explaining situation re possible surgery and asked if option was available to find someone else to take cottage at reduced price from our friends or their contacts if unable to come

Reply came back saying they could ask contacts or we would substitute and to let them know what we wanted to do. That day I was admitted to hospital and emails were not loading in a&e so didn’t have chance to respond. The next morning another email came through which I received ok they had found someone to take the booking for £300 and they assumed I would be ok with that - well I wasn’t as I wanted to go on the trip still if possible and would be able to know more after appt this week. I said I was surprised they had ahead without my agreement and that I was in hospital and would speak to husband and get back to them. This was Saturday morning - At no point did I expect to be able to cancel the trip for a refund the financial risk was all mine.

Spoke to husband and agreed we would keep the booking in place til I knew plan re surgery and worst case was we would lose the full £700plus. So I sent an email on Monday when I was home and feeling better saying we were just going to see what Friday brings and if we couldn’t make it would see if family or friends could take it.

Today I get an email saying I have put them in a bad situation as the other party have booked annual leave and to give bank details for the £300.

I didn’t ask them to resell the trip , it was clear I was looking at options if I were unable to come due to surgery and I am not happy they went ahead and agreed a very low price with another party. I feel very uncomfortable now even if I am able to go , the owners live next door and the tone of the email was pretty nasty.

I have said that if they are effectively cancelling my booking I would expect a full refund , they are now saying we cannot substitute for family or friends either.

I have had no response to email earlier where I said they have acted without authority in reselling for £300 and they have created the issue - if I need to I will go to small claims.

Am I in the wrong here ? It’s the last thing I need at the moment tbh

OP posts:
purpleme12 · 13/08/2024 16:45

If you really were clear that you were just looking at options and asking a question, then no, you're not in the wrong.
I would be really pissed off if that's the case

Mostlyoblivious · 13/08/2024 16:46

Look at your t&c’s firstly. Then look at your correspondence to see if there is any chance what you have said could have genuinely been interpreted in different ways to how you intended it to be.

The other party should be able to find another cancellation easily enough. The owner should not be spending your money to fund the new holiday makers break and £300 out of £700 is more than a 50% reduction which is a pretty large reduction.

Mostlyoblivious · 13/08/2024 16:47

On a different note, I hope that you’re feeling better

Killingoffmyflowersonebyone · 13/08/2024 16:49

Really sorry to hear about the ovarian growth OP. I really hope it's good news and you're back to 100% soon!

If you were 100% clear and it could no way be taken as a 'I am pre-emptively warning you I will cancel and I may want a refund etc' then you are not in the wrong.

Regardless of whether you were unclear in anyway though, your £700 should no way be used to fund some random persons holiday. They have managed to rebook the property so they should refund you the money (check the T&Cs but most holiday cottage companies operate similar T&Cs on this).

TBH sounds more like they were trying to force your hand in either pulling out or confirming and it's backfired.

Leafygreen84 · 13/08/2024 16:50

They shouldn’t have resold it without 100% confirmation from you.
i hope you’re feeling better!

InTheRainOnATrain · 13/08/2024 16:52

So sorry you’re feeling unwell. I get why, as your head must be all over the place, but I think you possibly confused things with including all of that stuff about reduced rates to the owner. It would have been far clearer to ask if you could potentially transfer the booking to a friend or relative, should you be unable to travel. Then, if the owner agreed, sorted out whatever your family member or friend was going to give you for it between the 2 of you. No need to involve the owner. That said, even if your email was confusing I’d be shocked if the T&Cs actually allowed them to do that especially as you never replied to confirm anything. How did you book and can you open a dispute?

Original poster
CoastalCalm · 13/08/2024 16:52

Extract from email I sent - I am seeing team next Friday so will have a better idea then of timing but it’s looking likely I may be unable to come :(

I am so disappointed as we are all so looking forward to it , just really wanting to check our options even though everything is up in the air

This was the email sent on Friday from them which asks me to let them know

We could try to offer a last minute deal to folk we know, and would refund anything we get. Or you can talk to your own friends and do the same. Let us know which you want to do.

Without being able to reply I got a second email saying they had gone ahead and sold on ! They mention half price but booking was £715 and they resold for £300

OP posts:
FatmanandKnobbin · 13/08/2024 16:55

Them being put in an awkward position is entirely their own fault.

They weren't losing money either way, it was entirely your money at risk.

How did you book the cottage? Did you pay by credit card?

So sorry that you're going through all this health shit, and your lovely holiday is ruined as well op 💐 hope you get a refund and go somewhere better to relax.

notleastbitsurprised · 13/08/2024 16:56

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Original poster
CoastalCalm · 13/08/2024 17:01

We booked with the owners direct as we have stayed there previously , no contract received or details of terms and conditions

OP posts:
allthemiddlechildrenoftheworld · 13/08/2024 17:02

@CoastalCalm looks like you jumped the gun a bit too fast!!

Original poster
CoastalCalm · 13/08/2024 17:03

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Ah I’m fine to be dealing with it, I paid for the trip by bank transfer

OP posts:
Original poster
CoastalCalm · 13/08/2024 17:04

allthemiddlechildrenoftheworld · 13/08/2024 17:02

@CoastalCalm looks like you jumped the gun a bit too fast!!

Sorry not getting what you mean - I just wanted to know options incase we couldn’t go really and didn’t confirm how we wanted to proceed

OP posts:
Killingoffmyflowersonebyone · 13/08/2024 17:06

Ahh. @CoastalCalm your email reads to me like you were testing the waters before you cancelled. I can more easily see why they moved so quickly now.

But they should refund you. Your money should not subsidise someone else's holiday - they should only be able to keep your funds if they don't manage to rebook but I think given the direct booking and lack of contract/T&Cs you'll likely have a fight on your hand (as ridiculously unfair as that is).

FatmanandKnobbin · 13/08/2024 17:06

Ask them to point out where you authorised them to go ahead with this.

Then threaten small claims court when they can't provide the answer.

Hopefully that will be enough to make them realise they will lose in court.

GoogolB · 13/08/2024 17:08

Honestly, I don’t think your email was as clear as you think. You said you were disappointed not to be coming and looking at all options which could easily mean ‘all options for transferring the booking’. And £300 is not far off half price.

I’m sorry this happened and I’m sorry you’re going through everything, but I think you are being unreasonable on this one.

theeyeofdoe · 13/08/2024 17:09

I would send an email along the lines of.

I've rechecked the email chain and at no point did it say you wanted to cancel, it was clear you were just looking for options and you can either come on Friday or you want a full refund.

BeeCucumber · 13/08/2024 17:10

Have they now had £1000 for the cottage? I would expect a full refund OP - you didn’t cancel as far as I can see - poor show from the owners of the cottage. I hope you feel better soon.

circular1985 · 13/08/2024 17:13

I don't think your email was all that clear, and I'm still not really understanding from your posts.

if you didn't have access to internet, your dh should have been tasked with contacting the owner.

Original poster
CoastalCalm · 13/08/2024 17:15

BeeCucumber · 13/08/2024 17:10

Have they now had £1000 for the cottage? I would expect a full refund OP - you didn’t cancel as far as I can see - poor show from the owners of the cottage. I hope you feel better soon.

Yes they have had £1015 now for the booking

Had I said yes please go ahead and offer the holiday for £xxx then that would be fair enough but I didn’t which is why I feel wronged - I would rather have offered it to friends for that sort of price but the option while given was then removed when they went ahead without my ok hours after asking how I wanted to proceed . I could understand it if the financial risk was theirs but I knew it was all mine sadly

OP posts:
12345mummy · 13/08/2024 17:17

I think with this short notice then you are liable for full payment and if you cancel due to ‘ill health’, that’s for you to have covered with you own holiday insurance. I think they probably thought they were doing you a favour by recouping £300 (appreciate that the nasty email was uncalled for). You aren’t subsidising someone else’s break, last minute breaks are discounted due to it being last minute.
I wish you well with your health OP.

TwinklyAmberOrca · 13/08/2024 17:19

Legally they have absolutely no right to resell your booking without your agreement.

I would just politely email them back saying thank you for their offer of someone buying the holiday off you for £300 as a back up plan, but this is now not necessary and you will be taking the holiday as planned.

I would then say that if they have accidentally offered the holiday to someone else then that's disappointing but to prevent them being put in a difficult position you will accept a full refund of £700 so you can book elsewhere that week.

Original poster
CoastalCalm · 13/08/2024 17:21

12345mummy · 13/08/2024 17:17

I think with this short notice then you are liable for full payment and if you cancel due to ‘ill health’, that’s for you to have covered with you own holiday insurance. I think they probably thought they were doing you a favour by recouping £300 (appreciate that the nasty email was uncalled for). You aren’t subsidising someone else’s break, last minute breaks are discounted due to it being last minute.
I wish you well with your health OP.

Totally agree if I cancelled then I would lose the money that was never in question but I didn’t cancel just flagged that I might need to and wanted to check options - I was happy to keep the booking in place until I had my appt on Friday and my initial email reflected that , I wish I hadn’t bothered to flag it now as wouldn’t feel comfortable going now and have lost money anyway

OP posts:
Original poster
CoastalCalm · 13/08/2024 17:28

TwinklyAmberOrca · 13/08/2024 17:19

Legally they have absolutely no right to resell your booking without your agreement.

I would just politely email them back saying thank you for their offer of someone buying the holiday off you for £300 as a back up plan, but this is now not necessary and you will be taking the holiday as planned.

I would then say that if they have accidentally offered the holiday to someone else then that's disappointing but to prevent them being put in a difficult position you will accept a full refund of £700 so you can book elsewhere that week.

My email to them yesterday did politely say that after considering options on return home we had decided to keep the booking as it stood and shoulder the cost if unable to come for all or part of the week or we would see if family wanted to use it.

I had also said on Saturday that I was not happy they had gone ahead without instruction to do so and needed to speak to my husband and mum but was in hospital

OP posts:
PuddlesPityParty · 13/08/2024 17:28

circular1985 · 13/08/2024 17:13

I don't think your email was all that clear, and I'm still not really understanding from your posts.

if you didn't have access to internet, your dh should have been tasked with contacting the owner.

I agree. Your email sounds like you’re cancelling.