Holiday cottage - Booting family out, AIBU?

[HolidayCottageAnnoyance]

I have a holiday cottage which does not allow children under 12. This is for health and safety reasons (think steep stairs, pond, open and functioning fireplace etc). It says on the listing at three different points on the listing page that children under 12 are not allowed. This includes babes in arms. It also makes it clear when you book (i.e. once you've selected dates and you get through to payment) that children are not allowed. There is literally no way this can be missed.

I had a phone call from a neighbour this morning as they had seen a toddler in the garden and had noticed that the car that the 'couple' arrived in has a baby-seat in it. I rang the cottage company before lunch and received a rather passive response that made it clear they didn't want the grief of turfing the family out. I was very firm and said I wanted them out by the end of the day. Long story short they are still there (I have texted said neighbour to check).

So here is my AIBU: would I be completely unreasonable to send a relative tomorrow to boot them out if they are still there? As it's all done through the cottage company I have no way of getting in touch with them myself, so either relying on the ineffectual cottage company or sending a relative are my only choices.

YABU: Let it go, the child hasn't been injured so far and it's only four more nights.
YANBU: They're cheeky fucks and you should boot them out even if the holiday cottage company isn't going to help. Then you should find a new holiday cottage company to list through.

Have you asked the holiday cottage company if they are accepting liability if they aren't removing the guests?

What's the insurance situation if shit hits the fan?

Are they required to list the occupants and ages if under 18 on the booking form if so did they lie?

You need to contact the family that is resident there. What happens if the baby goes in the pond? They are clearly a bit dim

As you have now made the cottage company aware they would receive a firm email saying that as you clearly state no under 12’s on your booking for health & safety reasons that you are requesting they remove the family immediately. If they fail to do so then they accept all liability. I would also be terminating my contract with the cottage company if they cannot follow your instructions

This is on the holiday cottage company surely? Just put it in writing to them that you accept no liability if any accident befalls that child as you made it clear they need to address the situation.

Absolutely this

I don't think I could live with the child drowning regardless of liability and insurance situation. I'd be escalating the situation with the holiday company. I don't think you can send a family member to do it.

Only if the insurance doesn't allow under-12's. This might just be the OP imposing a rule because they don't want to deal with incidents, rather than being required by an insurance company. The OP hasn't said either way....

The holiday tenant's contract is with the holiday company so it is for them to enforce the T&Cs. Some random relative cannot do this. If I was the tenant and your relative started hassling me trying to throw me out, I'd be in touch with the police quite sharpish as another pp said.
Longer term OP, you need a different holiday letting company.

Edited to add... right now, I would e-mail the holiday letting agent advising that if they don't remove the tenants that they will be accepting full liability.

As with most health and safety issues, the chance of the worst happening is slim, it has been let through the company, who are the agent dealing with the customer.

Make the company fully aware, in writing of the situation, particularly if insurance is invalidated (we don't know if this is the case) and leave it in their hands.

The chances of the toddler drowning in the pool or being cremated in the fireplace are slim - its not major panic territory.

I think the letting company are the ones who should enforce this. You cannot have relatives go round threatening guests, you need to force the company to do what you pay them for.

Isn't the problem with telling the letting company that it's their responsibility the very real chance that the company will just continue to let to families and hope that nothing happens? You might have family after family in there and the letting company just crossing their fingers (and putting the blame on you if the shit hits the fan).

Change letting company ASAP.

Agree that if the contract is between holiday company and family who have rented then it is for the holiday company to sort not some random relative of yours.

You had me at pond... I was a Child Death Review Officer in a previous job... so many children lost either to ponds, or covered swimming pools. Thank goodness your neighbour spotted this.

You can't send a family member around there.

I agree with the others - your first step is emailing the company running the cottage making it clear about being made aware about a toddler and the terms etc and making it clear to them that if they don't remove them then they are liable.

Holiday cottage company needs to deal with this and yes they need to be moved. Did they lie on the form

Send your relative out today and boot them
out!! They know full well they aren’t allowed to have children and have deliberately put themselves and you in this position!!

Message letting agent and tell them that from the recipt of the email your insurance is no longer valid for anyone staying under this booking (quote reference). Refer to your previous conversation and state that you have given them ample notice to cancel the booking or arrange relevant insurance of their own.

Rather than getting a relative to confront them. I would send him round to turn off the water supply to the house. Can be done very discretely. It would get pretty miserable with no washing or toilet facilities pretty quickly.

You can't send a relative, you need to be firmer with the letting agent

don't to this - the OP would then be responsible for sorting this out or offering a refund / compensation

Don't send in 3rd party to kick them out - the agent (cottage company) need to deal with this

Your letting agents are working for you. Tell them you want them out as you are not covered insurance wise. The family have blatantly lied and disregarded your under 12s rule. The letting agents will have to find them somewhere else. It’s their problem.

This is wrong. The holiday company is acting as an agent, and the actual contract is between the owner and the guest. The letting company is only interested in the commission it is earning from the let, and probably doesn’t want any other hassle. I have a holiday let and always have the guests’ contact details, and contact them before the holiday so they know who to come to if there’s a problem etc (and hopefully to book directly with me next time).

In this instance I would ask for the guests’ phone number and speak to them directly. TBH if there is no restriction regarding the insurance I would probably let it go, but perhaps speak to the insurers regarding the pond etc.