cancelled french villa - owner threatening legal action

sharnad

Bob_the_Saver wrote: »

Very sorry to hear about the reason, but with 3 weeks to go it's too late to re-let so there is no reason for the person you entered into a contract with to lose all that money. Can't you claim on your travel insurance?

As you say, There were no clauses about cancellation in the contract
so it's can't be cancelled. There is no reason a cross border contract cannot be enforced.


So the money is owed. Sorry if it's not what you wanted to hear but the villa owner shouldn't lose this money in peak season. The holiday rental market in France is suffering badly so for this amount they will probably chase it and their costs.

Not according to that contract and there are plenty of websites where you get last minute cancellations on villas so it is possible he rent it out again . They paid a deposit they lose that. If he didn't put full price of holiday on cancellation then thts his own fault

sharnad

Bob_the_Saver wrote: »

None at all, I trust you informed them about your mothers age and previous medical history as detailed in other posts so they were aware of the 'risk' (word used in an insurance meaning) they were taking on. I hope they do pay out and as you say 'nobody' is out of pocket.

I have never known any insurance company ask for or anyone offer medical details of members of the family not going on the holiday in case they get an unexpected illness

Bob_the_Saver

Typical wording(s)

This policy will not cover any claims for
Cancellation that arise directly or indirectly from
a pre-existing medical condition of:
 A non-travelling immediate relative;
 A travelling companion who is not
insured under this policy;
 A person with whom you intend to stay
whilst on your trip;

Health conditions
This insurance has conditions that are about your health and the
health of other people who may not be travelling with you, but
who you are depending on for the trip. We do not cover medical
problems that you or they had before the cover started.

In this case the OP's mother (87) has just spend a year in hospital and care home according to another post.

photome

sharnad wrote: »

I have never known any insurance company ask for or anyone offer medical details of members of the family not going on the holiday in case they get an unexpected illness

The OPs mother has been ill for a while so if the medical condition wasnt declared the insurance isnt likely to pay out, I would guess the Op declared it though.

I understand this is a traumatic time but I still think moraly the OP does owe the money.legally...I dont know

Bob_the_Saver

Another point is that the OP has chosen not to travel. Thankfully his mother is still with us.

peachyprice

sharnad wrote: »

I have never known any insurance company ask for or anyone offer medical details of members of the family not going on the holiday in case they get an unexpected illness

It's a pretty standard clause in travel insurance policies, suggest you have a good read of yours if you haven't noticed it.

daveshipway

Hi Dave (OP) here again,

When I renewed my latest annual travel insurance there were no questions about the health of my family. Out of respect for my mother I wasn't going to post any of her details on here, but Bob the Saver has kindly gone trawling through old posts of mine to find out some more information on her. Yes she is 88. Yes she had a stroke and was in a care home but is home now. No the type of cancer she has is not related to any previous medical conditions.

As I said we are contacting our travel insurers about this. It may be that we are not covered. I may well end up paying the villa owner the full whack out of my own pocket. If so, so be it. I just wanted to check my position before I did anything. What I still don't get is how he can demand we pay now when we wouldn't have arrived until 12th July. This does not give us a chance to do anything.

And Bob the Saver - I hope I am wrong, but you sound like you are quite enjoying my misfortune. I don't really get people like you.

Dave

Bob_the_Saver

daveshipway wrote: »

.

And Bob the Saver - I hope I am wrong, but you sound like you are quite enjoying my misfortune. I don't really get people like you.

Dave

Don't be ridiculous

You asked for advice, just because you don't like the answer does not make it wrong. Have you checked the T&C of your insurance policy?
I agree the next payment is on the date you are due to arrive, not now.

mcfisco

The way I see it

If the owner wants the balance, he must wait until it's due and be prepared for you to turn up and use the place for all or some of the time paid for, or for you to sell it on if the contract doesn't exclude it.
Either that, or he issues you with a cancellation note now and accepts that he will have to wait for the insurers, to see what their position is but leaving him the ability to rent the place out again.

If I were the owner, I'd take the 2nd option.

Bob_the_Saver

mcfisco wrote: »

If I were the owner, I'd take the 2nd option.

Me too...............