Uk holiday home rental- not allowed to cancel?

Jewelbabe

Hi all I will try to condense my story as much as possible and I don't have a clue about this sort of thing.
So I booked a holiday in wales on 14th feb over the phone with a holiday letting agent( they let for individual owners). I paid a deposit to stay for the week in July first week of school holidays. When I booked I asked if any properties available on flat land due to buggy etc. was advised nothing left. I booked one that is up a substantial hill. However less than a week later a property came up on their Facebook page exactly where I had originally requested. My partner brought it to my attention that with his back problems he'd struggle with that hill anyway( didn't even dawn on me when I booked). I made a phone call asking if we could move properties as we have had second thoughts on the location of property 1. I was advised that the owner would have to be contacted to see if they agree to that and that I may lose my deposit unless it was relet. I was told the second property would be put on hold until it was sorted out.
Of course I received an email stating that the owner did not agree I should be moved and that I would in fact be responsible for the cost of the whole holiday if it didn't get relet. The email stated that they strongly urge I honour the booking as if I booked property number 2 I could end up being responsible for 2 holidays. Of course I'm not in a position to pay twice.
My issue is I was told afterwards that I could've just made a provisional booking on the phone and wouldn't have been liable then. We were not told this we were told we needed to pay a deposit. Also if there is no cancellation or cooling off period I surely should have been advised of that before taking my money and then saying less than a fortnight later that I have to stick with this property or pay for it anyway. Apparently it's a lovely property( I agree) and I should go ahead with the booking. Any advice greatly received. Of course if I have no choice I will stick with this but I get the feeling I've been bullied into this as the lady said they have a responsibilty to their owners

InsideInsurance

There is no legally required cooling off period for holiday bookings and needless to say most wont give you one if they dont have to. Neither are they obliged to tell you of all the options on the table, though if you ask and they lied there could be problems.

As they have pointed out, under UK law the owner can only claim from you their losses if you were to breach the contract and not show up. They must make all reasonable efforts to mitigate those losses which include trying to relet the property. If they failed to do so then in theory you'd be liable for something a little below the full price. If they managed to relet it then the cost probably goes down to some simple remarketting and admin costs but most would waive those as long as the margins are healthy enough.

It really has to be a learning lesson to decide properly first and pay second.

George_Michael

Jewelbabe wrote: »

Also if there is no cancellation or cooling off period I surely should have been advised of that before taking my money and then saying less than a fortnight later that I have to stick with this property or pay for it anyway.

Unless there is legislation in place that states otherwise, you should always assume that when entering into a contract, that contract is binding and a cooling off period does not exist.


There is a 14 day cancellation period when buying some goods and services at a distance but there are some exception to this, holiday accommodation being one of them.


The agent is also correct in stating that you could be responsible for the full cost of the original booking if you cancel and they are unable to get another booking to cover the dates that you originally had.
If they do manage to re-let it, you are then only liable to cover whatever costs they incurred as a result of your cancellation.

Jewelbabe

Thanks for advice guys. I naively didn't think by booking a deposit I was entering a contract. I think over the phone it simply would've been good customer service to make me aware. Thanks for enlightening me and looks like I'll be staying with the original booking!

InsideInsurance

Jewelbabe wrote: »

I naively didn't think by booking a deposit I was entering a contract.

You are always entering into a contract when you pay someone with the only exception being if the money is a gift

"Contract" makes people think of something very grandiose and probably a written document but you enter into a contract with a shop keeper when you buy a penny chew and handover your 1p

agrinnall

InsideInsurance wrote: »

You are always entering into a contract when you pay someone with the only exception being if the money is a gift

"Contract" makes people think of something very grandiose and probably a written document but you enter into a contract with a shop keeper when you buy a penny chew and handover your 1p

Can you still get penny chews? (Of course, in my day it was 4 chews for 1d ).

InsideInsurance

agrinnall wrote: »

Can you still get penny chews? (Of course, in my day it was 4 chews for 1d ).

Our local corner shop still does half penny sweets, there was a kid arguing with the shop keeper the other day as there were only five left and they were wanting to charge him 3p

They are more like specks of popping candy or something though than actual penny chews that existing during my childhood

shaun_from_Africa

agrinnall wrote: »

Can you still get penny chews? (Of course, in my day it was 4 chews for 1d ).

I remember those days.
Four of these for a penny. (I doubt if the picture on the Black jacks would be allowed today!)

agrinnall

shaun_from_Africa wrote: »

I remember those days.
Four of these for a penny. (I doubt if the picture on the Black jacks would be allowed today!)

Yes, that's the ones, although I never liked Black Jacks anyway so I'd only have bough the Fruit Salads.

halibut2209

I'm a mojo man myself

arcon5

Money doesn't even necessarily have to change hands for a contract to be entered in to.

Nothing illegal about it -- just shoddy service.