Must I refund their money?

sennacat

We have an apartment in Spain which we rent out during July and August. We advertise on a website called holiday-rentals.co.uk where all the photos and info about the apartment are up to date and accurate. Our latest client agreed to rent the apartment for her family who were visiting her from abroad (she lives in Spain in the same resort as our apartment). When she arrived to pick up the keys from our agent she declared that she couldn't possibly put her family in such a squalid apartment and is now insisting on a full refund. We have never had any complaints before of any description let alone one of this nature. She is quoting the distance selling regulations at us as well as claiming that the apartment does not look anything like the photos on the website. There are other aspects of her compaint which are completely unfounded which I wont bore you all with now.
I am quite happy to argue the point with her regarding her spurious accusations but am a little worried about ditance selling regulations. Would they apply in this case and must I refund her the rental she has paid?

browneyedbazzi

The distance selling regs 7-20 (re: right to cancel a contract) do not apply to contracts for the provision of accommodation, transport, catering or leisure services, where the supplier undertakes, when the contract is concluded, to provide these services on a specific date or within a specific period.

In short she's spouting about legislation she doesn't understand and is hoping you also don't understand and will cave to her will.

ETA: what do the terms and conditions of your contract with her state regarding cancellation??

alun4

Contact holiday rentals as they will have come across this situation many times and will be able to give you the latest!

melb

she probably found somewhere else they preferred and is just trying it on

sennacat

Thank you so much for these replies, what a relief.

I don't have a contract so don't have any stipulations regarding cancellation. I think maybe in future I will have to devise something.
Would I have to obtain signatures or is it sufficient to simply e-mail a contract as an attachment requesting a confirmatory e-mail of acceptance?

dzug1

You do have a contract already - just not a written one, and its terms are not fully defined

You don't need a signature - an e-mail acceptance would be ample

sennacat

Thanks dzug for that. In future I think I will formulate a contract and hopefully avoid this type of thing happening again.