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Small Caravan holiday company refusing to refund??

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  • kazwookie
    kazwookie Posts: 14,350 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Contact local trading standards, maybe they can offer advise

    or ring another CAB
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  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    bris wrote: »
    They do have an incentive to relet it, they are £425 down.

    With no costs to apply to the let, all of the money they have from the OP will be profit.
    Whether you like it or not "loss of profit" does exist, it's part of contract law. They do have to minimise their losses, in this case by reletting, but if they can't then loss of profit kicks in.

    What part of contract law says that the OP would liable for loss of profit, seeing as the loss of profit cannot be defined?
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  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
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    I see no evidence of that?

    Duty is on the business to a) do it; b) prove it. I see no evidence that they are.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Moominbaby wrote: »
    I've spoke to citizens advice and I'm not entitled to any money back.

    I have no choice but to right it off! Very unfair I think they get to keep £275 of my money and re-let their caravan!

    Gutted!

    Surely that depends on whether they manage to re-let it or not? If they re-let it at the same price then all they should really be entitled to is perhaps an admin fee and whatever advertising they did (if any).

    I wouldn't be taking this advice very seriously.
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    any ADDITIONAL advertising :)
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • Duty is on the business to a) do it; b) prove it. I see no evidence that they are.


    Is that your legal argument? They have had no input to this thread so I would not expect to see that evidence...would you?
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Flyboy152 wrote: »
    With no costs to apply to the let, all of the money they have from the OP will be profit.




    How do you work that one out? Of course there will be costs associated with the caravan whether it is let or not not least the ground rent.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Just a copy of the T&Cs for the national trust:-

    Cancellation

    If a visitor wishes to cancel a booking it must give The National Trust notice in writing as soon as possible. A 100% cancellation charge will be payable. On receipt of the written cancellation The National Trust will endeavour to re-book the Accommodation for the holiday period and, if successful for the whole or part of the period, will refund the relevant proportion of the money paid less £50.00 (fifty pounds) to cover office administration.


    I imagine that this is fairly typical, with some variation depending on how long ahead of the holiday the cancellation is received.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Haven's T&C's:-

    Paying the holiday balance Deposits are deducted from the full amount, leaving a balance payable 10 weeks before the start of the holiday. Balance payment my be required earlier than 10 weeks before the start of the holiday. This date is clearly shown on your holiday confirmation and balance reminders will not be sent. Bookings made within 10 weeks of the holiday start date are payable in full. We cannot accept cheques within 4 weeks of your holiday start date. If the payment is not received by the due date, the holiday will be treated as a cancellation and any monies already paid will be forfeit.

    Holiday payment and Holiday Protection Cancellation Plan Payment can be made in full or by deposit to secure your holiday booking. Cheques should be made payable to Haven Holidays. We strongly recommend that you take out our Holiday Protection Cancellation Plan which covers you and your holiday party if you cancel your holiday, or a plan giving comparable cover. Any cancellation should be notified in writing to us, and, where appropriate, claims made through the alternative supplier. If you do not take out our Holiday Protection Cancellation Plan or cover of your own NO REFUND WILL BE GIVEN ON ANY MONIES PAID
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hintza wrote: »
    How do you work that one out? Of course there will be costs associated with the caravan whether it is let or not not least the ground rent.

    Which the company would have to pay regardless, so this is not classed as a loss
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
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