Help Needed!! Non Refundable Deposit!!

unholyangel

JJM26 wrote: »

This is the point I'm making, there was no contract. After raising this with them, I was told the booking form we signed was our TC's & contract. We never got one or signed one. I went looking and found one in their site. It states next to signature box, I hereby agree to comply with TC's as above.

I have asked them to provide me a signed copy, no reply despite various efforts.

I have also advised, that I understand the my have costs and would discuss a split, but again, as yet no communication.

But even if you weren't aware of those terms (and therefore they didn't form part of the contract), it would fall to the default position in law - which isn't to receive a full refund but rather that you be liable for actual losses (or a reasonable pre-estimate of loss) they have incurred due to your breach. They do have a duty to mitigate those losses though, but at 12 weeks, they may not be able to.

As above, there is a contract. Perhaps nothing written detailing the terms of the agreement but there is still an agreement.

antrobus

JJM26 wrote: »

This is the point I'm making, there was no contract. ....

Err, read post #2 again?

You have a contract to pay £7,500 for the rental of a very big holiday cottage somewhere. The fact that you paid a deposit of £2,250 is evidence of that contract.

You are now in breach of that contract, and the other party is entitled to damages. The other party thinks it's entitled to retain the whole £2,250 as damages, you think that's too much. If that's their position, and you disagree, you are going to have to take them to court, and let a judge decide what the number should be.

The moral of the story is that, if you are going to lay out £7,500 for the rental of a very big holiday cottage somewhere, you should really get some insurance.

Here's one option from Google; https://www.cancellationplan.co.uk/

glentoran99

JJM26 wrote: »

This is the point I'm making, there was no contract. After raising this with them, I was told the booking form we signed was our TC's & contract. We never got one or signed one. I went looking and found one in their site. It states next to signature box, I hereby agree to comply with TC's as above.

I have asked them to provide me a signed copy, no reply despite various efforts.

I have also advised, that I understand the my have costs and would discuss a split, but again, as yet no communication.

So had you not cancelled and turned up to stay and someone else was there and you were sent on your way would you still say there was no contract?

macman

So you booked a £7,500 holiday mansion without bothering to check the T&C's relating to cancellation, or having any insurance in place? Words fail me...
The contract is perfectly valid, whether done online or by phone-there is no requirement for you to confirm it in writing to make it a binding contract. Payment of the deposit clearly indicates acceptance of the terms, whether you bothered to read them or not.

bod1467

I agree with the OP - he's fully entitled to return of the full deposit.















This is sarcasm. I wonder if OP will read this small print?