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Original poster

Cancelled holiday let - owner claiming I still need to pay in full

43 replies

HarlanPepper · 10/03/2023 19:04

Help! I'd hugely appreciate any advice.

I had booked a holiday cottage for a week in July. To secure the booking, I paid a £100 deposit, the balance (£1200) being payable 8 weeks before the start of the holiday. Since I made the booking circumstances have changed pretty drastically and we now can't afford a holiday this year. So I emailed the owner earlier this week, as soon as the decision was made, to let them know. I didn't think it would be an issue, the cottage is in a popular tourist area.

I received the following response today and had a nasty shock - I was expecting an acknowledgement and obviously to lose the £100 booking deposit:

Dear XXXXX

I refer to your email unfortunately that you do not intend to pursue your holiday in XXXX for the week beginning 8th July to 15th July, 2023.

You have so far paid £100 deposit and the balance remains to be paid as per conditions stated at time of booking. Our policy states late cancellations may only be partly refunded subject to the explanation of rebooking in the terms and conditions. Whilst our bookings for '23 -'24 have been good I
must point out that our assessment of chance of rebooking that week is low.

Your e mail does not mention any exceptional circumstances that have led you to cancel which we might wish to take into account .

It may help to understand our position if you know that as an operator we cannot get insurance to defray our loss of income.

That is why our terms and conditions recommend you take out insurance to cover your change in circumstances.

We are sorry you will be unable to enjoy your planned holiday in XXXXX

Best wishes

--------

So the guy is saying I still owe him £1200!!! I checked the T&Cs on his website and I emailed him back. My email:

Hello XXXX

These are the terms on your website that I agreed to at the time of booking:

3. To pay the non-refundable deposit on booking, with the balance payable 8 weeks before the start of the holiday. If a booking is made less than 8 weeks before the start of the holiday full payment is required at time of booking. Failure to pay the balance of rental charges will result in the owner treating the property as available for re-booking.

4. To notify any cancellation as soon as possible in writing and pay any monies due. If we are able to re-let the accommodation at the full rate, a full refund will be made; if at a lesser rate a partial refund will be made. In the event that we are unable to re-let then no refund will be made. To safeguard against such costs we strongly recommend that you take out Holiday Cancellation Insurance.

The balance would have been payable 8 weeks before the booking, not four months before, so no more monies are due at this stage.

I am sure you will have no difficulty in reletting the cottage for the week in July, which is four months away. This would not be classed by any reasonable person as a ‘late cancellation’.

---

Is he likely to be able to come after me for this money? Those are the only pertinent sections of the terms and conditions, apart from an opening standard section about the booking being a contract.

I've had a look online and compared his T&Cs to other holiday lets, and a couple of templates I found. His interpretation of the terms of his own contract is highly unusual, to say the least. But I'm fretting now because it's a lot of money and hassle I don't need.

OP posts:

MaireadMcSweeney · 10/03/2023 19:10

I'm sorry but you're wrong. According to those terms you still have to pay the balance and hope they relet. HOWEVER I wouldn't be paying it. They have plenty of time to relet. To take you to court they would have to prove they didn't let the dates and that's very unlikely.

CatOnTheChair · 10/03/2023 19:13

You owe it if it's not re-let.
Get him to put it back as available, and ask him to contact you 8 weeks before if not filled.

WhatHappenedToYoyos · 10/03/2023 19:17

I agree with the previous response. The terms are saying if they can get a booking for your cancellation then they will refund you but only if they get a booking to replace you.

However, my question would be how would you know if they did re-let it? You could pay the full amount as per the terms, they re-let it and collect money from another person and never tell you they managed to sell the dates on so they make twice the money. It's putting a lot of trust in to the holiday let owners and also I'd assume there should be some responsibility from them to advertise the cancellation in order to sell it on if this their way of working.

In future, ensure you book terms that clearly say cancellation before X date is free. Your booking only specified when payment is due, nothing about free cancellation 8 weeks before holiday.

tribpot · 10/03/2023 19:19

I don't think his interpretation of the contract is unusual, it seems pretty clear:

if they manage to re-let it (seems likely although is in term time except in Scotland?) at the full rate, you receive a full refund
if they manage to re-let it at a lesser rate, you receive a smaller refund.

He's politely pointed out you could have taken out holiday cancellation insurance, whereas he can't get booking cancellation insurance.

He hasn't said you have to pay the balance now, he's said the balance remains to be paid as per conditions stated at time of booking which is 8 weeks beforehand.

So far this all seems entirely reasonable based on the terms and conditions. I hope it will all resolve itself fairly quickly after he re-advertises the property.

WelshWondergirl · 10/03/2023 19:23

But make sure he DOES readvertise!

Original poster

HarlanPepper · 10/03/2023 19:24

Thanks all, I appreciate you taking the time to respond. Not what I wanted to hear obviously, but it's good to have objective views.

It is in Scotland and I do think there's a very high chance they'll get another booking. When he gets back to me I'll respond as @CatOnTheChair suggests. I can see from his website that he hasn't made that week available yet so I'll ask him to do that presto pronto.

Thanks again.

OP posts:

Lisbon37 · 10/03/2023 19:29

I disagree and don't think you owe the balance due! That's the point of taking a deposit. The refund for re-letting would apply if you'd already paid the balance. I wouldn't be paying any more!

wheresmyhomework · 10/03/2023 19:31

I agree with your original interpretation OP (but not a lawyer). The balance is not yet due, the property is available for re-let, and you do not get your deposit back.
I would consider that case closed and would not dream of paying them any more money.

swedex · 10/03/2023 19:32

What will they do if you don't pay? All it says in failure to pay will result in accepting you're not going to be using the holiday let

whatisheupto · 10/03/2023 19:35

I wouldn't pay either. He's not going to bother coming after you.
Alternatively could another tactic be to reschedule for different dates, so you're not asking for a refund?

Crazycatlady83 · 10/03/2023 19:39

I don't think you have to pay. The term says "in the event that we are unable to re-let then no refund will be made". You arent expecting a refund (of your deposit) so you are complying with their terms and conditions.

Let them take you to court if they want the remainder of the balance. They will have to show (1) they made all reasonable attempts to mitigate their loses and (2) that the term meant you would have to pay the full balance in the event that they could not relet. That's NOT what the term says, it says you aren't entitled to a refund (which taken in its ordinary meaning means getting money back you have already paid, you haven't paid the full balance so this term doesn't apply to you)

Where a court is interrupting a term, and it is ambiguous, it is interrupted against the person seeking to rely on it (I.e the holiday let)

But will they bother taking you to court?

Brendabigbaps · 10/03/2023 19:41

Email him advising that he resists it asap, take screen shots of his availability daily. That way you will see when her relists it and resells it! If he then takes further action you have evidence that he never bothered to relist it as per his t/cs or he’s relet it and you owe nothing.
sounds to me like he’s trying to maximise his money making opportunities

Simonjt · 10/03/2023 19:41

We have a similar clause in ours (created properly by a specialist) so I know from that clause you do owe the full balance. However they are unlikely to persue you, small letters also don’t store card details, so they’re unlikely to be able to charge your card for the monies owed.

TippledPink · 10/03/2023 19:46

It is a bit open to interpretation, the terms and conditions should really be clearer. It doesn't say that in the event of a cancellation you still owe the full balance, which it should stipulate.

dementedpixie · 10/03/2023 19:47

To notify any cancellation as soon as possible in writing and pay any monies due. If we are able to re-let the accommodation at the full rate, a full refund will be made; if at a lesser rate a partial refund will be made. In the event that we are unable to re-let then no refund will be made. To safeguard against such costs we strongly recommend that you take out Holiday Cancellation Insurance.

From the above clause I take the highlighted part to mean you pay the full amount and then if they re-let then they will refund you

runningoutoftimeornot · 10/03/2023 19:49

Simonjt · 10/03/2023 19:41

This is correct, I'm afraid.

I also agree with PPs that they won't pursue you for the money though - and that if they did, they would have to show that they took steps to mitigate the loss etc and they need to therefore relist the property etc. But technically you do have to pay it.

I'm not a qualified lawyer but I have a law degree and I'm currently doing some legal refresher course where I'm studying contract law right now!

Bunnyishotandcross · 10/03/2023 19:50

Take screenshots of every date he hasn't relisted it op. If it goes to court he can explain why he didn't...

Grapefrui · 10/03/2023 19:50

What is the point of setting out the payment terms in this way if the deposit isn’t what we normally assume a deposit to be, ie a non-refundable amount that holds a property without obligation to pay more up until a specified date. It should just be called a staggered payment system and made clear that after the first payment you are liable for the full amount.

runningoutoftimeornot · 10/03/2023 19:51

Sorry, I also agree that ambiguous clauses are on the other side to prove it was clear etc though in case that helps

I don't think it is particularly unclear though tbh...hard to know if that's what I would have thought if I hadnt studied law though

Clymene · 10/03/2023 19:52

What an awful clause

LadyJ2023 · 10/03/2023 19:52

Having worked for many holiday cottage companies over the years with pretty much the exact same wording for the gentleman's terms and conditions you are liable for the full amount as there is no real emergency causing you to cancel. Based on the £100 deposit it would be usual for the cottage owner or company to relist once you have re-verified your cancellation clearly in writing. If the cottage re-lets then you only lose your deposit. On the rare occasion and I mean rare that it doesn't re-let then yes you will have to pay the full amount for the cottage 8 weeks before your due to go. Unfortunately it's very easy to resolve in small claims courts if a holiday guest refuses and then they usually end up with more costs also. Good luck hope you get sorted out.

pattihews · 10/03/2023 19:53

Take a screen shot of the fact that he hasn't already put the cottage back on the market and keep screen-shotting every few days until it's shown as being available. If you do end up going to court it may help your case to be able to show that he didn't put that week back on the market quickly. I wonder, too, whether a review warning others that the T&Cs mean that even if they cancel they may still have to pay would, em, help things along. I have to say that as someone who has often booked a hotel room months in advance and then cancelled within a month or two of the date, it would never have occurred to me that I would be expected to pay anything except my lost deposit.

How are you supposed to know whether he is able to let that property for the full rate or not, or whether it is actually let. I presume he can just show the week as unbooked, even if it is booked. He could let it at 90% of the price quoted but tell you he had to give a 50% discount.

Bamboux · 10/03/2023 19:56

I'm not a lawyer, but I agree you may be liable for the full cost.

HOWEVER, it's only early March, and on a human level he is being a complete dick. Insurance wouldn't cover you in these circumstances anyway.

Original poster

HarlanPepper · 10/03/2023 20:00

I hugely appreciate all your thoughts! At the very least I do think it shows his T&Cs could do with a re-write. I still think the bit about 'pay any monies due' is vague and open to interpretation. As @Grapefrui says, it does kind of make a nonsense of the idea of a booking deposit. A lot of places ask for full or half payment at the time of booking - that would be clearer all round.

I will definitely start taking screen shots and bear in mind about what some of you have said about him needing to show he has made every effort to relist.

OP posts:

MumUndone · 10/03/2023 20:08

Lisbon37 · 10/03/2023 19:29

I disagree and don't think you owe the balance due! That's the point of taking a deposit. The refund for re-letting would apply if you'd already paid the balance. I wouldn't be paying any more!

I agree with this, what is the point of a deposit to secure the booking if you 'owe' the full amount anyway, before it is due? You lose the deposit and that's it.

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