Refund of holiday villa deposit

MauriceSmith_Jones

Can anyone help?
I have booked a villa in Portugal for this August through Olivers Travels paying a deposit of just over £1K. The villa is 8 bedrooms and it is for one week for all of our family to get together. According to the company I have pay the balance within the next two weeks which is £2K. I am resistant to do so as I do not believe that we will be able travel to Portugal and return to the UK without there being quarantine rules in place, whether that applies in Portugal or the UK. The companys' position is that they can postpone the villa rental for one year, which we cannot do as all our families are doing other things. Further on this I am concerned that the company may not be trading next year especially when consideration is given to the state of the travel industry and the effect of the Covid 19 pandemic. The company have also stated that the deposit is non-refundable. They purport to have paid the money to the villa owner and my contract is with him. I have challenged this as I believe my contract is with Olivers Travels and is subject to UK law. I was not aware of the owners details until after I had paid the deposit and therefore my contract is with Olivers Travels. I also believe, as the company have pointed out that the non-refundable deposit clause is stated in their terms, that this is an unfair term and can rightly be challenged in the Small Claims Court. I am not a legal expert and wondered whether other members have experienced this and what is the best way forward as I have a lack of confidence with Olivers Travels and I do not want to throw good money after bad. Any legal experts out there..........     

davidmcn

If they're able to provide the villa for your use in August then they're fulfilling their side of the contract. If you want to cancel then the same principles apply as would have if coronavirus wasn't a factor. I don't think there's anything intrinsically unfair in them keeping the deposit if that represents their losses arising from your breach of the contract.

LilElvis

It would appear that the villa is available and that it is currently your choice not to use it. Whether your contract is with the villa owner or the agent is immaterial - it is you seeking to breach the contract. You would only be entitled to the return of your deposit should they manage to relet the property for that period or if they cancel your booking.

Keep_pedalling

You obviously did not bother to read the terms and conditions when you booked the villa.

Except where otherwise specified, we Oliver’s Travel Ltd of Unit 6G, 26-32 Voltaire Road, London, SW4 6DH act only as an agent in respect of all 'accommodation only' bookings we take and/or make on your behalf.

We accept no liability in relation to any contract you enter into or for property you book through this website (“Property”) or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with any Property.  For all 'accommodation only' bookings, your contract will be with the owner/supplier/principal of the Property in question (the ‘Owner’). When making your booking we will arrange for you to enter into a contract with the applicable Owner of the Property. Your booking with us is subject to these Agency Terms and Conditions and the specific booking conditions of the relevant Owner you contract with (if any) and you are advised to read both carefully prior to booking. The Owner’s terms and conditions may limit and/or exclude the supplier's liability to you.  Property specific terms and conditions for each Owner are listed under the relevant heading on each property advert page. By booking a property you agree to those terms and conditions.

born_again

You cancel, all is lost.
Surely your family have not got the whole of 2021 rock solid planned out, with no free dates?
So much negativity that companies will not be here next year....
At this rate the lockdown was a up side and what is to come will be far worse.
Or we all get on with life and take the holidays next year...