please can anyone help.in march I booked a private apartment in villajosa near benidorm for 2 weeks in october and paid £180 deposit 50% of the total cost.I have since been diagnosed with lymphodema in my legs and pelvic area and have mobility problems so the apartment is no longer suitable as it is on the top floor and does not have a lift.I emailed the owner and explained my problem and asked her if I cancelled the boking would I loose any of my deposit as there was nothing mentioned of cancallation at the time of booking.she replied and said because of the short notice(still over 7 weeks to go) I would loose all of my deposit so I replied and said I would keep my booking and send her a cheque for the remaining £180 for the second week.a few hours later she replied and said because I had cancelled the booking the day before (I didnt )she now has builders going in to do work an and I will not get my deposit back and that is her final word on the matter.
the contract you enter into when you use owners direct states that all transactions are between the owner and the person renting the property and are nothing to do with them.
I have tried to email the owner to discuss the problem but she doesnt answer I think she may have blocked my emails.
is there any legal guidelines I can look at to try and solve the problem or is it worth taking legal advice through the small claims court.
any advice would be most welcome as it seems unfair that owners can practically do what they want with no comeback.
As a private rental, I am not sure what kind of protection you would have. The only thing I can suggest is that you ring Ros Fernihough, a travel lawyer on 01922 705134. She will be a happy to advise you, she has help many, many of our members in the past.
Good luck with it.
Sarah
Good luck with it.
Sarah
Hi
Assuming it's the first property on that page (situated on 3rd floor)....
There is an interesting comment which indicates the property has only recently been renovated, which makes me wonder why it would be necessary to get the builders in.
Incidentally, there is still a confirmed reservation for 2 weeks in October. Would they be your dates?
There is nothing to indicate the deposit is non-refundable or indeed, any terms regarding cancellation.
I would be inclined to contact the owner again and see if she will discuss it amicably by telephone if she is refusing your emails. The other alternative would be seek Citizens Advice or your local county court for a small claims proceedings form. It may be prudent to try to meet her half way...
Good luck.
CwB
Assuming it's the first property on that page (situated on 3rd floor)....
There is an interesting comment which indicates the property has only recently been renovated, which makes me wonder why it would be necessary to get the builders in.
Incidentally, there is still a confirmed reservation for 2 weeks in October. Would they be your dates?
There is nothing to indicate the deposit is non-refundable or indeed, any terms regarding cancellation.
I would be inclined to contact the owner again and see if she will discuss it amicably by telephone if she is refusing your emails. The other alternative would be seek Citizens Advice or your local county court for a small claims proceedings form. It may be prudent to try to meet her half way...
Good luck.
CwB
Unfortunately most deposits are non refundable. The likelihood of you getting that back is a little remote. As you have a medical condition can you not claim off your travel insurance for the lost money?
What I don't quite understand is that you say that the apartment was no longer suitable but that you still wanted to keep your booking. Were you planning to let someone else go in your place?
Pippa
What I don't quite understand is that you say that the apartment was no longer suitable but that you still wanted to keep your booking. Were you planning to let someone else go in your place?
Pippa
I think it might be worth taking some advice from Ros to see if you can make a claim through the small claims court,it doe's not state that the deposit is not refundable,it also looks as though the owners live in Britain.Notice that the 2 weeks booked in October now it's just 1 week thats booked.
john40
john40
Lessie you are correct that ownersdirect dont take any responsability, its beteween the owner and the persons renting, most direct rental sites are same. I rent my house out and advertise on the same sort of sites but I always state in my advert that deposits are non-refundable if you cancel and also have a pro rata percentage if it is 56 days before departure for cancellations. It is best to always ask the owner these questions and get it in writing so it covers you.It seems unreasonable to me that the owner gets the builders in the day after, as other have said I would ring Ros for advice. Good luck with your claim
Like Jayjan Im a renter of our holiday home. If there was no mention on the website of a non refundable deposit I think you have a good case. Dont stop there get in touch with Ros. Im sure she will give you good advice. Best of luck !!!
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