Private villa hire during Coronavirus

adamjs25

I had a villa booked in florida for July. 10 weeks prior, the owner was demanding the final balance payment 75%, but I refused to pay it until I had spoken to my insurance company, given the circumstances. I was never able to speak to them as their phonelines were closed, but I did receive a couple of inconclusive emails from them which didn't really assist as they couldn't verify if I was covered or not, should I pay the final balance- It would be decided on a case by case basis upon reciept of a claim, which I couldn't persue at the time as the flights were not cancelled this far in advance.
This dragged on until after the departure date, where the owner has now taken the legal route. 
Although the t&c's where signed, what view would a judge take on this? Surely due to the pandemic and the fact i was unable to travel to the USA because the flight was cancelled, airports closed and the FCA had advised against all travel, the t&c's can't possibly stand up?
The owner has 25% deposit, which they have kept and were unwilling to move the holiday to a different date, they simply wanted payment in full as 'thats what my insurance is for'
Surely they would have business insurance to cover losses caused by such eventualities?
Any views would be appreciated.

mattyprice4004

You’re not going to like this, but if the villa was available for you to use and they didn’t re-let it then you’re going to have a tough time arguing you shouldn’t have to pay. 

The villa was available for you, the fact you can’t get there isn’t their problem. 

I’d personally opt for mediation when it does go to court and try and agree on a compromise, maybe 50% of the balance. 

Aylesbury_Duck

I agree.  Your inability to get there isn't the villa owner's concern.  If they've gone legal, I'd follow the advice above and try to come to an agreement.

On the insurance point, you should check what cover you have with your insurers.  Why should the villa owner make a claim on their insurance for a problem that is yours and not theirs?  They have a deposit and a signed contract where you agreed to pay the balance.  That's their insurance. 

[Deleted User]

Sorry also but agree with mattyprice.  As tough as it is, you were the one who broke the agreement.  You may get a sympathetic judge in view of the extenuating circumstances but wouldn’t bet on it as whatever is decided in your case will set a precedent for others.   As previous says perhaps try to settle out of court and then check your insurance to see if you are covered. 

 Actually you should have been able to check this without contacting them!  Just by reading your policy.   Insurance companies are not renowned for answering hypothetical questions re situations that haven’t yet arrived. It is up to the policy holder to ensure policies meet their needs.  Sadly this pandemic has caught  thousands of people out.   

Mrsn

+++ for the advice given. Sorry that you have found yourself in the predicament but you need to focus your energies on how to get this resolved in the least expensive way (a settlement for a % seems likely here). It isn’t the villa owners responsibility for border control etc nor would they make a claim on their insurance for your failure to pay the balance agreed.

Thrugelmir

What do the terms and conditions in the contract state? 

5cedc3ce38

My family and I are currently staying in a private villa in Bali, Indonesia. We were told - not asked - today that one person was going to be coming through to look at the villa for a future rental, this ended up being 5 people who let themselves in without even knocking and then walking through the villa. If this wasn't bad enough two hours later I was awoken by my daughters who informed me that another 6 people had let themselves in and were looking around.

Westin

5cedc3ce38, probably would be best to start your own thread, however can you not just tell the letting agent that this is unacceptable and double lock the door to restrict access?