Refund on overseas holiday accomodation

roscoe3

Hi,
I'm after some advice on where I stand with a refund due to accomodation booked overseas.

I rented an apartment through the Holiday Lettings website with a private owner in Spain. All monies paid before we arrived into a Northern Ireland bank account. Due to certain circumstances we had to move out after 4 days. We requested a refund and the owner agreed. I have this in writing via a text message. Owner has only partially refunded my money and I am still owed a substantial amount with the owner defaulting on an agreed date to refund the money.

The fact that she agreed in writing and has refunded some money would indicate to any court that I am owed the money.

I am unclear though on how I would go about claiming this money back through a court. I am in the UK and money was paid into a UK bank account. The contract however seems to state that we are bound by a law in Spain.

Has anyone any advice on how to proceed?

Thanks in advance

zoob

Why did you have to move out?

stevemLS

I don't think you will get any sensible advice without more information.

How long was the original booking for and at what cost?

How much of a refund have you been given.

To be frank, leaving part way through a booking, whatever the circumstances, as a matter of law you are lucky to have had any refund even if it was for something which would give rise to sympathy such as the death of a relative (although in that case, you would probably have been able to claim on insurance)

bris

If the owner resides in the UK and the money was paid into a UK bank then UK law would take precedence. Serve papers to a UK address if you have one.

roscoe3

Thanks for all the replies.

zoob wrote: »

Why did you have to move out?

stevemLS wrote: »

I don't think you will get any sensible advice without more information.

How long was the original booking for and at what cost?

How much of a refund have you been given.

Briefly, initially we were put in a diferent apt due to not having a working fridge in the original apt. However, as the days went on a couple of safety issues came to light and then she removed our belongings from the apt as another family were moving in after I instructed her not to do so.

bris wrote: »

If the owner resides in the UK and the money was paid into a UK bank then UK law would take precedence. Serve papers to a UK address if you have one.

Unfortunately the owner resides in Spain.

I thought that as she has stated that she will refund and she has already made some payment then legally it would be clear that she agreed to refund all monies. I was just hoping that I could serve papers in a UK court.

mije1983

roscoe3 wrote: »

I thought that as she has stated that she will refund and she has already made some payment then legally it would be clear that she agreed to refund all monies.

Unless she specifically stated she would refund all of the money, it's not that clear that she intended to refund any more than she already has. It could equally be argued that she has given you a partial refund as you did stay there for a period of time.

How long was the accomodation booked for, how much did it cost, and how much has she refunded?

roscoe3

mije1983 wrote: »

Unless she specifically stated she would refund all of the money, it's not that clear that she intended to refund any more than she already has. It could equally be argued that she has given you a partial refund as you did stay there for a period of time.

How long was the accomodation booked for, how much did it cost, and how much has she refunded?

booked for 21 nights
Paid £1825
She has taken off £300 for the nights we stayed (I dont have a problem with that)
Refunded £490
Owed £1035

I specifically asked how much she would refund and via text she has stated £1525.

Cheers