Welcome Cottages - Punitive Cancellation Policy

Azari

lithium_77 wrote: »

It's not a case of the company having to re-let or mitigate their losses.

Yes it is.

If you don't have even the most basic grasp of contract law, as your statement above indicates, it's probably best to just keep quiet to avoid misinforming people.

... but really it's a successful multi million £ American owned company so their conditions will have been checked and verified by a legal team.

LOL, I love the naivete of some people.

Companies frequently put unenforceable clauses in their contracts in the knowledge that there are enough idiots around who think that "because it's in the t&c's it must be legally enforceable".

Unfortunately, there are a lot of people who don't understand the basics of contract law, but don't let that stop them sounding off and promulgating nonsensical statements that only serve to widen confusion and ignorance.

pendragon_arther

The only way they can legally claim the full amount is if they can't relet the cottage and therefore prove a loss of income. I would assume they could easily get another punter within the 4 months. As others have said whatever they say in their T&Cs isn't set in concrete (as shown in the First Choice EPC thread https://forums.moneysavingexpert.com/discussion/5065423).

I would also suggest doing a write-up on TripAdvisor or threaten to do so as a bit of leverage as this would do a lot of damage to their reputation but it would have to be carefully worded for legal purposes.

It may be best to send them a letter recorded delivery outlining that they are entitled to keep the £30 deposit (which I think they are and your mistake in not using Google maps has cost you that amount) but you will defend your case in court if they are unable to relet the cottage within the 4 months. Further, that you will write a summery of events on TripAdvisor if this matter is not brought to a satisfactory conclusion for both parties.

missbiggles1

pendragon_arther wrote: »

The only way they can legally claim the full amount is if they can't relet the cottage and therefore prove a loss of income. I would assume they could easily get another punter within the 4 months. As others have said whatever they say in their T&Cs isn't set in concrete (as shown in the First Choice EPC thread https://forums.moneysavingexpert.com/discussion/5065423).

I would also suggest doing a write-up on TripAdvisor or threaten to do so as a bit of leverage as this would do a lot of damage to their reputation but it would have to be carefully worded for legal purposes.

It may be best to send them a letter recorded delivery outlining that they are entitled to keep the £30 deposit (which I think they are and your mistake in not using Google maps has cost you that amount) but you will defend your case in court if they are unable to relet the cottage within the 4 months. Further, that you will write a summery of events on TripAdvisor if this matter is not brought to a satisfactory conclusion for both parties.

The £300+ amount isn't the full amount, it's the deposit.

Azari

missbiggles1 wrote: »

The £300+ amount isn't the full amount, it's the deposit.

Yes.

He was talking about the full amount of the deposit.

missbiggles1

Azari wrote: »

Yes.

He was talking about the full amount of the deposit.

He may have been but that isn't what he wrote.

Azari

missbiggles1 wrote: »

He may have been but that isn't what he wrote.

He didn't specify which 'full amount' he was talking about.

However, anyone who had properly read the thread and used basic common sense would have known he was referring to the full amount of the deposit as there has never been any suggestion that even these cowboys were trying to get the entire cost of the booking.

glentoran99

Azari wrote: »

Yes, it is usual to lose your deposit.

Where a deposit is what is deposited with the company as surety.

What these cowboys are doing is charging a penalty and since they do not have the money it has clearly not been 'deposited'.

There is virtually no chance that they would succeed in any claim in court, as the terms are very obviously unfair, given that they have had plenty of notice and should have no trouble re-letting.

I wouldn't be so sure about that, It appears that only part of the deposit has been paid and the full deposit is payable on cancellation

Azari

glentoran99 wrote: »

I wouldn't be so sure about that

You may not be, and that's absolutely fine.

However, anyone with some basic understanding of contract law will remain pretty sure.

It appears that only part of the deposit has been paid and the full deposit is payable on cancellation

More gobbledegook.

How can it be a 'deposit' if it has not been deposited?

It's quite obviously a penalty - given that the company is demanding the money with no indication that they are are making any effort to mitigate their losses.

As such they can be virtually guaranteed to fail in any court case to obtain said penalty.

glentoran99

Azari wrote: »

You may not be, and that's absolutely fine.

However, anyone with some basic understanding of contract law will remain pretty sure.



More gobbledegook.

How can it be a 'deposit' if it has not been deposited?

It's quite obviously a penalty - given that the company is demanding the money with no indication that they are are making any effort to mitigate their losses.

As such they can be virtually guaranteed to fail in any court case to obtain said penalty.

there are several low deposit places were you don't pay the full deposit at once,


Travel-republic. On the beach, Thomson, low cost holidays


They state quite clearly that the full deposit is payable should the holiday be cancelled, are you saying that these are unfair terms and that they wouldn't stand up in court?


also on the opening post it states they have only paid £30, Nowhere on the welcome cottage site is a payment of £30 a deposit the minimum is £70


and on the welcome cottages site


Occasionally, we make offers giving you the chance to book properties with either no deposit, or a deposit which is lower than usual. We will give you details of any extra terms that may apply to the offer before, or when, you make your booking. You should read these with these booking conditions. If you book a property with either no deposit or one which is lower than usual, you also agree to pay the difference between the amount paid and the usual deposit, plus any booking fee, ferry or Eurotunnel charges and any travel insurance premiums due, either at the time the balance of your booking is due or, if you cancel, at the time you cancel the booking






Cancellation charges



Number of days before the start date of your trip that we receive your notice to cancel (or on which you are deemed to have cancelled)
Cancellation charge (plus all booking fees, insurance premiums, credit-card charges or administration fees you owe)
More than 56 days
Full deposit (including any balance of the deposit due)






So please do tell me where these penalty charges come in? And show me any case where an agreed deposit is forced to be returned on cancellation, the one linked previously isn't one as it was the full cost of the holiday.

Azari

glentoran99 wrote: »

there are several low deposit places were you don't pay the full deposit at once,


Travel-republic. On the beach, Thomson, low cost holidays


They state quite clearly that the full deposit is payable should the holiday be cancelled, are you saying that these are unfair terms and that they wouldn't stand up in court?

There's no point in just regurgitating what you find written in t&c's.

Anyone can write just about anything they like in them.

What counts is British contract law.

You need to get yourself a book on contract law and bone up on the section(s) on 'mitigating losses'.