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Section 75 - inadequate holiday accommodation
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Thanks for your help. We contacted the letting agent the day we left the property. The letting agent did contact the owner over the weekend and got back to me today. The owner doesn't personally know the standard of cleanliness in the property because they don't live nearby and employ a cleaning agency to clean between new holiday makers. The letting agents don't visit the property so also don't know personally how clean it is (this is what they have indicated in their correspondence).
If there are no repercussions for raising a claim under section 75 (ie if the credit card company refuses to pay) I may start the process. The main reason I contacted the letting agents was to provide feedback. Any compensation would be a bonus.
Thanks0 -
Squiggles86 wrote: »Yes thank you. Hindsight is wonderful and we should have said something at the time. I think the owner is well aware of the shortcomings of the place especially as they had a myriad of slug repellent kept in the utility. I'd welcome any comments about using section 75 too if possible.
Thanks
This is definitely not a case of hindsight!. Every single time I have stayed in any accommodation and their has been an issue I have reported it right away!. Surely this is common sense!.
Plus if I had small children with me and it was as bad as you are saying I would have found somewhere else!.
You can't expect to have compensation because you stayed their all week and made no attempt to contact the agent or find somewhere else during your stay.
What your doing is effectively the same as going to a restaurant ordering food, eating it all and then leaving. Then when you get home ringing the restaurant and saying the food was no good and you want some money back! :rotfl:0 -
As above, S75 simply backs you up in the event of breach of contract/misrepresentation.
Remedies include damages (ie money compensation for your loss) or rejection. That's why with faulty goods you can return them for a refund. If you had walked away on day one, then claiming a full refund might have been possible.
In this case, you continued with your holiday. So you have to try and put a money value on what these "filthy" conditions cost you. Not easy.... obviously if you had paid a local cleaner to clean the place, that could be quantified. A price can be put on bottles of cleaning fluid. If you lost a day whilst cleaning the place, then you could argue for a day's rental.
Once you've come up with a figure, then that's something you claim off the owner and by extension the CC (assuming you paid directly by CC and not via a third party). One thing is for sure - you are not entitled to a full refund. You did obtain some value from your stay.
Any agreed T+Cs might have an impact and we haven't seen those, but note that just become something is put into written T+Cs doesn't mean that it is legally enforceable.
Not saying anything at the time doesn't really matter except: 1) you lost the chance of an amicable settlement, 2) a complaint trail at the time would assist from an evidence point of view.0
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