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How can I have a contract here?

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Comments

  • deethebee
    deethebee Posts: 233 Forumite
    DoaM wrote: »
    Therein lies the nub of the issue - was this clear in the OP's situation?

    What he said is that the terms say his contract is with the owner of the holiday rental, but the owner is not mentioned in the contract nor does it provide any contact details with them.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    deethebee wrote: »
    What he said is that the terms say his contract is with the owner of the holiday rental, but the owner is not mentioned in the contract nor does it provide any contact details with them.
    IANAL but to me that indicates that the contract is with the agent as they are the only party that are identified - you cannot have a contract with an unidentified entity.
  • deethebee
    deethebee Posts: 233 Forumite
    DoaM wrote: »
    IANAL but to me that indicates that the contract is with the agent as they are the only party that are identified - you cannot have a contract with an unidentified entity.

    Yes, I was saying the same.
  • Lomast
    Lomast Posts: 880 Forumite
    Part of the Furniture 500 Posts Name Dropper
    UK contract law allows an agent to enter into a contract with a third party on behalf of their principle. Liability within the contract may remain with the agent or transfer to the principle depending on the terms of both the contract and also the contract between the agent and their principle.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    But if the agent's principal (not principle :)) is not identified then the consumer (3rd party to the agreement) cannot have a contract with the principal (IMHO).
  • deethebee
    deethebee Posts: 233 Forumite
    And if you don't have any details of the person you supposedly have a contract with, how can you enforce terms on them if you don't even know who they are or how to contact them?
  • visidigi
    visidigi Posts: 6,727 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Thanks all - its a weird one - they were find to do everything until I complained and asked for a proportional refund (the place was heavily miss-described and in dire condition compared to the stated appearance).

    As soon as I said that they said 'we will see what the owner will give you as per our Terms and Conditions your contract is with them, we are merely the agent'

    Basically I did get some money back, but this particular statement didn't ring true.
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