UK based holiday cottage: owner’s refusal of refund or any reconciliation

[dancingqueen1978]

Hi,
I posted on another thread and today discovered this legal thread. I wondered if someone legal could advise me!

Background: holiday cottage booked in Cornwall for week of 10-17 April. Holiday cottage owner refusing any form of refund or credit.

He says we should cancel. Our argument is that the gov has told holiday accommodation providers to close and therefore property is unavailable. www.gov.uk/guidance/covid-19-advice-for-accommodation-providers Following the Coronavirus Bill I believe this is now law?

He wants us to cancel the booking so he can then re-market and give us any “rent” he gets for the period we booked for. We don’t think he can do that as property unavailable and we’re concerned that he wants us to cancel so he can operate the cancellation provisions under terms and conditions, ie no refund.

Relations have deteriorated very badly - he is very unreasonable and keeps encouraging us to just take the holiday... in Cornwall.

Legal argument: I think we are going to have to go down court route. We’re not cancelling. - property unavailable.

Wondering whether should hold him to his terms and conditions or whether argue for frustration of contract?

Terms and conditions: these state “ If the house is not available or has become wholly unsuitable for holiday letting due to reasons beyond the Owner’s control the Owner’s/Agent’s liability shall be limited to a refund of the rent paid in respect of the period of unavailability” - that to me shows he has liability?

Terms go on to say: “ If, for reasons beyond its control, the Owner/Agent has to cancel or alter arrangements made for the Hirer, every effort will be made to offer an alternative property if one is available. If this is not possible, or the Hirer does not accept the alternative offered, the Owner/Agent will return to the Hirer any monies paid in respect of the period of unavailability, whereupon the Owner's/Agent's liability will cease.”

But is this all written off by this clause, which I think is the force majeure one: “ The Owner/Agent shall not be responsible for other matters beyond its control such as noise or nuisance from neighbours or local events, disruption to utility services or the closure of shops or amenities.”? But then maybe there’s an argument that this applies to local events only, not pandemics!

I think the way forward is small claims court but want to make case strong as possible. Are there any contract law solicitors on here? Many thanks!

Btw credit company won’t pay up as say it’s not consumer rights. And travel insurer won’t speak to us as only dealing with urgent cases. Thank you in advance

You are right. They cannot change the terms of your contract with them without your consent. Even if their original terms had a clause allowing them make changes, such a clause is likely to be an unfair term and hence ineffective.

Am in a similar situation - the cottage company wanted me to re book holiday which was first week in Easter.

They agreed to refund, but are saying minus booking fee and cancellation fee. I agreed to non refund of booking fee, but not the cancellation fee and they are saying that the cancellation was at the point I refused to re book

Other point which may be faster than court, is s 75 if you paid with credit card as it binds the credit card company as a party of the contract.

I really do feel for some of the smaller companies who rely on tourism, during these difficult times, and hope they survive financially but wish they would realise that the best form of advertising is good customer relations.