Sykes Cottages - £20 Deposit

scottyals

Hi there,

Just wondering id someone could help me out.

I recently paid a low cost £20 deposit on renting a cottage in the summer. I tried to
cancel yesterday and Skyes cottages are saying I have to pay £345 for the full deposit.

Do I have a leg to stand on ??

Thanks

Andy

Caz3121

the t&cs you agreed to do state that the full deposit is due if cancel (this is common with low/reduced deposits)
https://www.sykescottages.co.uk/book-now-pay-later-terms.html

scottyals

Many thanks for the reply, much appreciated.

So there is no way out of it?

DoaM

I don't know if this would fall under Unfair Terms ... the seller is only entitled to recover actual costs incurred (or loss of profit) if they are able to resell the dates. (e.g. if your contract was for £1000 and they could only get £900 on resale then you'd be liable for the £100 difference plus costs in re-marketing).


On the flip side ... even though this was an online transaction (I presume), there are no automatic cancellation rights - bookings for events on a defined date (or to/from dates) are excluded.


I really don't know for sure what the answer is - but I'd query their right to charge the full deposit just because it's in their T&Cs; they're not entitled to betterment.

Les79

Two exploratory point:


1. Is the website setup in a way which could directly mislead someone? I've had a look and I think that could go either way to be honest.... it is clear as day that the deposit is £20 and it does strongly suggest that this is literally all you pay. However, below the Balance Remaining summary it does state:

The remaining balance of £583.00 is due 15/07/2019. Cancellation charges apply, please click here

It is only after clicking the "click here" button does it tell you about the extra deposit. There's no * on the £20 deposit part either.


So the information is there, but it could potentially be misleading.


May actually be worth reporting to the ASA perhaps? I think they deal with stuff like that, HOWEVER I don't think that would have any impact on getting it resolved (other than having your advertising complaint officially recorded somewhere)


2. DoaM's point... They can only really charge you for their ACTUAL LOSSES and not gain money from it. So you may be liable to pay some but not necessarily ALL of it.


The problem, however, is how to go from here. Obviously raising the above two points and making an offer to cover their PROVABLE losses incurred would be a good starting point (and a nice piece of evidence to show to a court if they decline and take you there). Aside from that, and assuming the money hasn't come out, I think you may just have to wait until they take court action and dispute it. If they HAVE taken the whole deposit then you could take them to court.






This is why I read Ts and Cs very carefully. I also tend to have a "fk it" sort of attitude whereby the second I put down even a penny I am going, full stop. Never quite understood people who book something only to flake out a short while later, more so when it is for something in about 6-8 months!

Jumblebumble

Les79 wrote: »

Two

2. DoaM's point... They can only really charge you for their ACTUAL LOSSES and not gain money from it. So you may be liable to pay some but not necessarily ALL of it.

!

I often see this stated but why are airlines, premier inn etc etc allowed to resell your seat if you cancel and clearly gain money but the cottage owner is not allowed to do the same?"
JumbleBumble

bris

Jumblebumble wrote: »

I often see this stated but why are airlines, premier inn etc etc allowed to resell your seat if you cancel and clearly gain money but the cottage owner is not allowed to do the same?"
JumbleBumble

They aren't, mitigating losses is a law not something some companies can choose to ignore.


With airlines if they fly full after you cancel then they mitigated the loss, there might be a price difference but they still mitigated the loss.


With hotels it's a bit harder to mitigate the loss because they usually have many room available so it can be difficult mitigating that one.


In the OP case they need to keep an eye on the booking to see if the dates get resold, if so they would be entitled to the deposit back less any price difference and advertising costs etc, if any.


Knowing the loss has been mitigated and getting the money back is however two different things. You might need the courts to help with that.

DoaM

bris wrote: »

Knowing the loss has been mitigated and getting the money back is however two different things. You might need the courts to help with that.

Which is why not paying the deposit balance (or reversing/disputing the charge if it has been automatically applied-for) could be a tactic to be considered. The seller would then need to take the OP to court, at which point they'd need to prove their loss and/or why they were unable to mitigate it.

zoob

If you have Travel insurance it my cover the cancellation if it’s not just a change of mind cancellation

Sophiaa2006

Hi there,

Could you please let me know the outcome as I have found myself in the same situation. I believed the £20 low deposit was my deposit that covered me in case I cancelled.

Kind regards

Sophia

Mr_Singleton

Jumblebumble wrote: »

I often see this stated but why are airlines, premier inn etc etc allowed to resell your seat if you cancel and clearly gain money but the cottage owner is not allowed to do the same?"

They do it because they get away with it and will no doubt only stop once the courts step in..... look at the way airlines used to cancelled the return flight if you missed the outbound one. Courts have stepped in and told them they can’t do that.