Aparthotel - apartment repossed

HWG

If you're reasonably convinced that you won't be staying at the property you booked, you could do the following:

1. Pay the full amount on your booking with Off The Wall
2. Book an alternative with a different company
3. Show up at your Off the Wall booking, and when they can't provide the accommodation you booked, hold them to their T&Cs and demand a full refund.
4. Check in to your alternative booking.

I guess it depends on the exact wording of the T&Cs and your appetite for risk. Worth investigating further though...

Alternatively, you could message in advance, saying that you suspect they won't be able to honor the booking, you won't accept lesser quality accommodation or anything in a different location, and that you'll have an alternative booking in place and would demand a refund from them. You could ask if they'd like to take the simpler way out and unwind the contract and refund your deposit in light of this.

unholyangel

Right OP, was this term in the T&C's you agreed to?

1.2. Any booking made, will only come in to existence when payment has been made in full and your confirmation has been dispatched by us.

Also, this is assuming that these terms were given to you before you entered into the contract (since you can't be bound to terms you had no opportunity to become acquainted with).

And the bank, have they said which part of the T&C's they're relying on? If its the term that states the business should be relieved of all liability - this is only where circumstances are outwith their control. A property being repossessed because they failed to keep up payments is wholly within their control and they cannot disclaim liability on that basis.

In fact, I wouldn't worry about their terms at all since their T&C's are a bit delusional - they seem to think they can breach the contract with impunity and that is never the case. Nor can they disclaim liability for failures of third party providers.


ETA: although they company is currently looking to be struck off, it appears this has been automatic through failure to submit accounts rather than the company itself asking to be struck off.

danielscott13

HWG wrote: »

If you're reasonably convinced that you won't be staying at the property you booked, you could do the following:

1. Pay the full amount on your booking with Off The Wall
2. Book an alternative with a different company
3. Show up at your Off the Wall booking, and when they can't provide the accommodation you booked, hold them to their T&Cs and demand a full refund.
4. Check in to your alternative booking.

I guess it depends on the exact wording of the T&Cs and your appetite for risk. Worth investigating further though...

Alternatively, you could message in advance, saying that you suspect they won't be able to honor the booking, you won't accept lesser quality accommodation or anything in a different location, and that you'll have an alternative booking in place and would demand a refund from them. You could ask if they'd like to take the simpler way out and unwind the contract and refund your deposit in light of this.

We are pretty convinced they won't be staying in the apartment they have booked but we aren't too keen on risking another £1000 (made up of other people's money) on it. Particularly as the credit card company have said that the T&Cs state they can change a booking however they like (although surely this will be classed as an unfair term!).

We've tried contacting them numerous times. Originally the number would ring out but now they have an out of office answerphone message that tells us to ring the number we have actually called or email them which we have already done. In fact, they accidentally answered one of our calls yesterday but then immediately hung up!

danielscott13

unholyangel wrote: »

Right OP, was this term in the T&C's you agreed to?



Also, this is assuming that these terms were given to you before you entered into the contract (since you can't be bound to terms you had no opportunity to become acquainted with).

And the bank, have they said which part of the T&C's they're relying on? If its the term that states the business should be relieved of all liability - this is only where circumstances are outwith their control. A property being repossessed because they failed to keep up payments is wholly within their control and they cannot disclaim liability on that basis.

In fact, I wouldn't worry about their terms at all since their T&C's are a bit delusional - they seem to think they can breach the contract with impunity and that is never the case. Nor can they disclaim liability for failures of third party providers.


ETA: although they company is currently looking to be struck off, it appears this has been automatic through failure to submit accounts rather than the company itself asking to be struck off.

I can't remember seeing that term in the T&Cs. I believe the terms are on the booking page so they were technically there at the time of booking.

The bank are saying that the following term would mean their hands are tied:
"Off The Wall reserves the right to refuse, alter or cancel a booking, even after the receipt of final payment. In addition, the business is relieved of all liability should the reserved accommodation not be available due to circumstances beyond our control. In such an instance, alternative arrangements will be made in similar accommodation or a full refund will be offered. However, no refund or liability will apply to a situation where a client is requested to vacate, or leaves of their own accord prior to the expiration of the booking".
As you say, if they don't have the accomodation, then surely that is within their control! The issue being, we don't have actual proof of this because we only know it's been sold and not who too...

unholyangel

danielscott13 wrote: »

I can't remember seeing that term in the T&Cs. I believe the terms are on the booking page so they were technically there at the time of booking.

The bank are saying that the following term would mean their hands are tied:
"Off The Wall reserves the right to refuse, alter or cancel a booking, even after the receipt of final payment. In addition, the business is relieved of all liability should the reserved accommodation not be available due to circumstances beyond our control. In such an instance, alternative arrangements will be made in similar accommodation or a full refund will be offered. However, no refund or liability will apply to a situation where a client is requested to vacate, or leaves of their own accord prior to the expiration of the booking".
As you say, if they don't have the accomodation, then surely that is within their control! The issue being, we don't have actual proof of this because we only know it's been sold and not who too...

So has the company given anything in writing at all telling you that they won't be able to provide the booked accommodation?

You could always try negotiating with the bank - in that if they leave it until the booking date and the accommodation isn't as promised, they could potentially be liable not only for a full refund, but also for damages given you'd be making a claim under section 75 of the consumer credit act which makes them jointly & severally liable. However unless you have some sort of evidence that the contract has been breached or will be breached (ie letter from supplier saying that they wont be able to fulfil/have to offer alternative accommodation), I would expect them to say there is no claim against them until the breach happens.

danielscott13

unholyangel wrote: »

So has the company given anything in writing at all telling you that they won't be able to provide the booked accommodation?

You could always try negotiating with the bank - in that if they leave it until the booking date and the accommodation isn't as promised, they could potentially be liable not only for a full refund, but also for damages given you'd be making a claim under section 75 of the consumer credit act which makes them jointly & severally liable. However unless you have some sort of evidence that the contract has been breached or will be breached (ie letter from supplier saying that they wont be able to fulfil/have to offer alternative accommodation), I would expect them to say there is no claim against them until the breach happens.

No we,ve had nothing from the company at all. We can't get in touch with them! They are ignoring our calls and emails.

The bank have already said that there's no breach as yet and want us to risk paying the final payment to see if there will be a breach. We are not willing to do that at the moment when the company has gone of the grid with our deposit.

danielscott13

I've just realised that the payment on my CC statement has been made to 'Ware Apart Hotel' whereas the company is 'Off the Wall' and it states this on their website "Iconik Apartments Trading as Off The Wall Apartments Liverpool". I may be clutching at straws here but is another company allowed to take payment? Particularly as 'Ware Apart Hotel' is a company that has an active proposal to strike off. Just wondering if it is worth bringing this up with the CC company?

GemmaNew

Hi did you get anywhere with this? We are in exactly the same position however have paid the full amount already and we’re due in Liverpool this weekend for a hen do! No contact from the company via phone or emails for over 3 weeks! Thanks

danielscott13

GemmaNew wrote: »

Hi did you get anywhere with this? We are in exactly the same position however have paid the full amount already and we’re due in Liverpool this weekend for a hen do! No contact from the company via phone or emails for over 3 weeks! Thanks

Hi,
No, not as yet! We've been contacting the company for weeks too without a response. I'm going to get back in touch with the CC company tonight to stop any further payments and fight for a refund of our deposit again. Surely their advice can't still be to pay these people another £1000!

Hope all goes well for you at the weekend! What apartment did you book? If you don't mind, would you let me know how it goes and if you get any contact numbers, can you pass them on please?

Wonga

Further information about this con man is here:

http://pubchat.co.uk/rob-ware-owner-ware-apart-hotel-liverpool/