Booked villa in Florida and now can't get refund on deposit.

BANNEDfromTV

I'm hoping there may be a legal eagle expert on the board. I recently booked to go to a villa in florida. It's owned by a British couple and they rent it out obviously as a holiday home.

Anyway it's just over 10 weeks until we're due to go and unfortunately we've had to cancel the holiday (reasons beyond out control).
Anyway we paid up the entire balance of the holiday plus a refundable £150 deposit in case we were to cause damage to the villa.

Well we have written to the owners of the villa and advised that we've had to cancel our plans and requested a refund of our rental paid in accordance with their terms and conditions.

They have advised that they're happy to refund our rental but they're keeping the £150 deposit as this is now non refundable should we cancel our booking. I have re-read the terms and conditions of the rental agreement we signed and it does state this fact (more the pity).
However I would like to know if this is an unfair term and condition in their contract and if I had the right to formally request this to be refunded also and if this is not forth coming then take it to the small claims court?

I have posted the terms and conditions of the rental agreement below in order for you good people of this here forum to get a better understanding.

TERMS AND CONDITIONS
Contract of Hire
The hiring contract shall be between Clients and the Owners of the property. They shall be deemed to be made subject to these Conditions of Hire. The contract of Hire is not effective until the client receives a written confirmation of booking.
Initial Payment
Bookings will be confirmed upon receipt of the required deposit payment and the signed booking form. However, if the booking is made within two months of the holiday commencement date the full amount of rental and security deposit will be required on booking.
Deposit
A returnable deposit of £150.00 is required and this will be held as security against return of keys, inventory damage, excess cleaning costs, long distance telephone calls where applicable, etc. This deposit will be returned to the client subject to a satisfactory inspection of the property.
Balance Payment
The balance of hire will be due two months before the holiday commencement date. We reserve the right to cancel a holiday where full payment has not been received eight weeks prior to the holiday commencement date. Bookings made within eight weeks of departure require FULL pre-payment.
Confirmation of Booking
Once a confirmation has been issued the hirer is responsible for the total price of the property rental as shown on the confirmation. Signing of the booking form constitutes acceptance of these terms and conditions by the client.
Cancellations
Provided we receive written notice of cancellation not less than ten weeks before the holiday commencement date the hirers will not be required to pay the full balance, the amount of the deposit however, will be forfeit. All cancellations must be notified in writing at the earliest opportunity.
In the event of you having to cancel your booking the following charges will apply:
More than 8 weeks prior to departure - deposit only
Between 6-8 weeks prior to departure - 50% of rental
Less than 6 weeks prior to departure - 100% of rental
Cleaning of villa
To minimize costs to you, you can take up the option, at the end of your holiday, to clean the villa yourself, if your party is no greater than 4 people. This would involve, on departure, restoring the villa to its original state. This includes tasks such as laundering the linens used (we have a full size washer/dryer), vacuuming / dusting/cleaning of the rooms, cleaning the oven/ dishwasher/ fridge, disposing of all your food items and cleaning the floors and bathrooms thoroughly. A cleaning contract must be completed and tasks adhered to.
Non-Smoking-Policy
It is the standard policy of THE OWNERS, that the property is deemed as Non-Smoking. Therefore for guests’ comfort and safety, all Guests are required not to smoke whilst within the villa. Smoking is permitted in the pool/lanai area, and ashtrays are provided for this purpose. Any extra cleaning or damage, howsoever caused through guests not abiding by this Non-Smoking Policy, will be dealt with by the deduction of such costs as required by THE OWNERS from their security deposit.
Liability
The property owners cannot accept any liability whatsoever for any injury sustained by guests or any other visitors to the home or swimming pool or for any loss or damage, howsoever caused, to any property brought to the premises. All information concerning the property is checked to ensure the accuracy of description, however, we are not always able to control all of the components of the facility and it is possible that an advertised facility may be withdrawn or damaged due to circumstances beyond our control and for which we cannot accept liability. These conditions also apply to the barbecue.
Number of Persons
The number of persons lodged in the accommodation may not exceed the number of beds indicated in the description, with exception of children of 5 years or under. The number of persons may of course be fewer than the beds.
We reserve the right to refuse admittance if this condition is not observed
Client Responsibilities
The client is responsible for the property, and is expected to take all responsible care of it. All equipment, utensils etc. must be left clean and tidy at the end of the period. A charge may be incurred should excessive cleaning be required after your departure. This may be deducted from the security deposit.
Damage
All damages and breakage’s are the responsibility of the client, and their costs shall be refundable on demand. Where the amount concerned is less than £150 it may be deducted from the deposit.
Arrival and Departures
Check in times are after 16.00 pm on the day of arrival.
Check out times are before 11.00 am on the day of departure.
Or by prior arrangement with the owners.
Amendments
If after booking you decide to alter any details we will do our utmost to make the requested change provided that we are informed at least eight weeks prior to arrival.
Changes or Cancellation by Owners
Whenever possible all changes will be advised to you without delay. Should circumstance beyond our control require us to cancel a booking we will, where possible make alternative arrangements. Should these prove unacceptable, and once instructions have been received in writing from you, you will receive a refund of all monies paid, but excluding any monies expended on your behalf.
Force Majeure
We accept no responsibility for and shall not be liable in respect of loss or damage or changes caused by force majeure events (e.g. strikes, fire, flood, closure of airports, hurricanes, adverse weather conditions) or any other event beyond our control.
Insurance
NEVER, NEVER TRAVEL WITHOUT INSURANCE. We are not responsible for any deaths, injuries, illness or loss or damage to property including motor vehicles or to that of any guest however caused.
Conditions of Carriage
These booking conditions are subject to the conditions of carriage of your road, rail, airlines or sea carrier when you travel with them to or from your holiday destination and these contain certain conditions which limit or exclude liability.
Indoor and Outdoor Maintenance
In case of need for repairs or general maintenance (swimming pool, garden, etc.,) the owner has the right upon giving advance notice to the client, to enter the premises rented, both indoor and outdoor, accompanied by professional contractor.

soolin

As you say the agreement is quite clear about the level of refund that can be expected in cases of cancellation so I'm not sure what argument you would have in a small claims court.

Surely though your travel insurance should cover it?

BANNEDfromTV

Well since I haven't been provided any service I think it would be unfair to forfeit £150 for nothing. That's my argument anyway.

Not taken out the travel insurance yet unfortunately. We're not due to go until september so we were going to sort that out at the end of August.

dmg24

Why would this be an unfair term?

For the time that you have had the booking, you have stopped the owners from renting the villa to someone else.

Furthermore, the owners have had to process your application, and now have to process a refund.

I think £150 is a fair price for them to charge. Many would charge a great deal more.

BANNEDfromTV

So I'm on a losing battle then you reckon?

dmg24

Yes, definitely.

Had the terms and conditions not stated it, then you would have had a case. But you were aware of the cancellation charge when you booked.

Sorry x

Froggitt

Theyre out of pocket if they cant rent it out, so may have to spend the £150 on advertising or discounting. I spose if you find them alternative tenants, willing to pay the full amount, you should get your deposit back.

BANNEDfromTV

Oh well, thanks for everyones input anyway.

RibAd

BANNEDfromTV wrote: »

Anyway it's just over 10 weeks until we're due to go and unfortunately we've had to cancel the holiday (reasons beyond out control).
Anyway we paid up the entire balance of the holiday plus a refundable £150 deposit in case we were to cause damage to the villa.
.

Cancellations
Provided we receive written notice of cancellation not less than ten weeks before the holiday commencement date the hirers will not be required to pay the full balance, the amount of the deposit however, will be forfeit. All cancellations must be notified in writing at the earliest opportunity.
In the event of you having to cancel your booking the following charges will apply:
More than 8 weeks prior to departure - deposit only
Between 6-8 weeks prior to departure - 50% of rental
Less than 6 weeks prior to departure - 100% of rental


It is really quite clear and obvious with what I've highlighted above. Seeing as they point out about having insurance..... you should try your travel insurance under cancellation. I assume that having read the t+cs of the leasing, you'd have that.

jonesMUFCforever

Can you not go later on or even next year?
They could keep the deposit until then???

BANNEDfromTV

We also asked above putting off until next year but they said that a further deposit would be required which is one of the reasons I wanted to ask for my initial deposit back.

Also I thought I might have a loophole similar to the bank charges whereby keeping the £150 would be deemed as unfair but keeping say £50 for marketing purposes would be a fair charge (thus at least getting £100 back).

Does anyone think this would be reasonable?