Surely this "cancellation policy" isn't legally enforceable? Holiday cottage booking

[Petal02]

We made a booking with a holiday cottage company, for the last week in May 2016. Over Christmas, we realised we wouldn't be able to go, so during the first week in January 2016, I emailed the company to cancel. I expected to lose my deposit -but was rather surprised when they came back to say that if they couldn't re-let the cottage, then we would still be liable to the full balance !!!

As we gave almost 6 months notice, surely they can't do this? I have no argument with losing our deposit, but would object strongly to paying any more? This sounds very unreasonable to me.

if they're the terms and you agreed to them, you're bound by them not necessarily at all. If they are unfair then a court won't enforce them. I would get in touch with CAB or a contract law friend if you have one, that sounds very much like an unfair term - lots of legislation in this area, UCTA 1977 or UTCCR 1999.

Holiday cottages have always operated like this. Often though they will move a booking - try that if it helps. Next time take insurance

Thank you Glinda I will contact trading standards if the need arises. I understand the concept of losing any money/deposit already paid, but the thought of being billed for more, particularly as I gave so much notice, really sticks in my throat!

I've never heard of this before and we've booked quite a few cottages over the years.

It does seem extremely unfair, considering you have given them six months notice.

I just wouldn't pay the rest of it if they ask.

And thank for the suggestion about the CAB/UCTA.

Did you ask them what the point of the deposit was ?

I haven't had any dialogue with them, since I cancelled in Jan, and then they sent me an email reminding me of the booking condition which mentions the balance in full if they can't re-let.

I realise there's every chance they could re-let by the end of May, but I want to be prepared, just in case.

You can try CAB/trading standards but I'm not sure they will be any help.

This cancellation policy is likely to be legally enforceable and you signed a contract to agree to it.

I'm not sure just not paying it is a great option, unless you want to test the legality by them taking you to court for money you owe.

I would be inclined to check it was empty for the week you booked if they bill you for it.

I am confused.

the Ts & Cs are pretty clear that you have to pay if they can't re-let it?

I think terms that are majorly unfair can be considered unenforceable but not sure about this, why would it be unenforceable?

Also, wouldn't compare a holiday cottage let to policies held by major holiday companies.

I agree. Terms and conditions must be adhered to. Did you sign anything to inform you that when you sign a booking form it means you are agreeing to the terms and conditions of the booking.

I must agree cancelling six months ahead is extremely unfair and I would think they could rebook that holiday in that time frame.

can you imagine First Choice etc trying to invoice someone the full value of a week in Spain that they'd cancelled six months prior to departure?

Well, yes, if those were the ts & cs First Choice had made clear at the time of booking.

summer

May 2016 has been and gone now...would be interesting to know what happened in the end though

ZOMBIE THREAD
check the dates folks