cancelled french villa - owner threatening legal action

Sagz_2

daveshipway wrote: »

The rent is payable before entering the premises to the lessor or his home agent.
The amount of the initial rent is fixed at € 1.200 € (TWO HUNDRED THOUSAND EUROS)
A deposit of 480 euros or 40% of the initial rent was paid by PAYPAL May 10, 2013;
It remains to set the day of arrival the sum of € 720 (SEVEN HUNDRED TWENTY EUROS)
Done at <location of villa> 10 MAI 2013
In two originals, one for each signatory
LANDLORD TENANT

I might be splitting hairs here but the OP won't be entering and there will be no day of arrival.

Bob_the_Saver

This contract is extended for a period of 8 days beginning on Friday 12
July 2013 A 00 18H and ending Saturday, July 20 At 4:00 p.m..

Bob_the_Saver

Jerichochick wrote: »

I think you're all missing the point... Which is that regardless of personal and moral reasons is the OP required to pay up? I think the answer is no. There is no cancellation policy and the balance is only due on arrival.

There is no policy for termination after 48 hours or 3 days or
3 days 6 hours either because it is not applicable.

knightstyle

Is he English or French?
If he is English I wonder if he is registered with the relevant authorities?
Check him out and ask for his SARL number before paying.
A phone call to his local Marie may also shed some light. If he is not registered then don't pay but if he is then you must pay.
Ex pat sites may give you more info.
£1,200 = mille deux cents

knightstyle

Just thought, why don't you ask for their registration number saying your insurance company are asking for it?

daveshipway

Hi there,

Dave (the OP) here.

Just to to say thanks to you all for your responses.

Just to address some of the points raised:

Travel Insurance - yes I do have it thank you. Myself and my wife have had joint annual policies for 10-odd years now. Quite interested to know how a couple of you came to the conclusion that I didn't have it ? Anyway my understanding is that while the policy would cover us for what we are legally obliged to pay to the owner, it won't cover us for what we are not obliged to pay. Hence my question as to whether we are legally obliged to pay the 720 euros or not. I didn't come on here asking for sympathy (although I am grateful for the kind words), just trying to establish what our position is. Yes we will look to try and re-claim the deposit on our travel insurance if possible.

As for the moral question of whether we should pay the guy or not, I am afraid to say that that very quickly went out of the window. We contacted him as soon as possible (in what has been a very difficult week) to explain our situation and apologise, but he has very quickly become quite aggressive about the whole thing and has demanded payment in full immediately, even though we weren't due to arrive until 12th July. So my concern for his personal circumstances now matches his for mine i.e. none. At the end of the day he has made 480 euros for doing little more than sending a few e-mails, and while I recognise the cancellation was at short notice he would still have several weeks to re-advertise the property at a reduced price to that time period (since he is keeping our deposit).

As it goes, I also posted on an ex-pats website and have had some very helpful responses. The general consensus seems to be that the wording of the contract he sent me means that he is entitled to keep the deposit, but that we are not obliged to pay anything else.

Thanks once again.

Dave

katejo

I have a room booked at a Swedish hotel in 2 weeks time. My confirmation states clearly that I could cancel without loss of money up until the 1st of July. After that date, full payment will be taken and they have my credit card details to do this. Unless the OP has anything similar with a cut off date, he/she must pay the full amount and claim it on the travel insurance.

Bob_the_Saver

daveshipway wrote: »

At the end of the day he has made 480 euros for doing little more than sending a few e-mails, and while I recognise the cancellation was at short notice he would still have several weeks to re-advertise the property at a reduced price to that time period (since he is keeping our deposit).

Yes, but that only applies if they could have re-let it, summer holidays tend to be booked well in advance. He might not have 'made 480 Euros' but lost the 720 Euros. It wasn't several weeks either it was 3ish from what you say.
Whilst I sympathise with the reason you are in the situation I cannot sympathise with attempts to cheat the landlord out of what is rightfully their's although their actual expenses (heat light etc - probably minimal) could be deducted.
It maybe an unpopular stance but I think you are treating the landlord who was sticking to their part of the contract VERY badly by trying to wriggle out of a contract you freely entered into. It might be moneysaving but I would be ashamed of this.
The landlord stands to lose a lot of money and they have done NOTHING WRONG.
This forum is full of people screaming that travel companies have not given them what they signed up and now you want to do the same.

Stick to what you signed up to, and pay what you owe. I would.

Poppy9

Dave - OP

Why don't you contact him and say you have placed the matter in the hands of your travel insurers. Tell him you have given a copy of the contract you received, which shows receipt of deposit and the balance due. Your insurers will review all paperwork and if indeed you are legally obliged to pay the balance then they can reimburse him direct.

Your insurers should then reimburse you the deposit. Personally I would not pay the balance without speaking to my insurers as they might deem the contract you have does not actually require you to pay the balance as you never "arrive" and therefore they will not reimburse you.

If this is the case then the Villa owner has to accept some responsibilty for not having a contract that fully sets out everyone's obligation in the case of the holiday maker cancelling, or not arriving.


I feel for you having to deal with this at such a difficult time.

duchy

I have to wonder how the OP would feel if three weeks before his holiday the villa owner had contacted him and said - sorry we're cancelling our contract with you.

Frankly the insurance company will pay so why on earth are you wasting time and energy on something so trivial. Ask the villa owner for a cancellation invoice and put it through your insurance - and concentrate on what is important -Your Mum !