Hen Party Deposit

fizzwigady

I'm looking for some advice regarding a hen do I recently organised.
I booked a property through a company specialising in large group accomodation properties.
On the description they described the property as "secluded", "in a world of your own" and in a quiet location. They also stated the house was perfect for celebrations, large groups and hen weekends.
The house was great, but the neighbours were in very close proximity (not shown on the pictures online). There was an outdoor pool and hot tub, and the neighbours house was adajcent to the pool area, about 4m from the pool area fence (5ft high fence).
There was a large kitchen area, with doors and windows leading onto a large outdoor seating area/ There were also neighbours that side of the house, but obscured by a large hedge.
The company have since deducted money off the security deposit as we "breached house rules" as we disturbed the neighbours after 11pm. It was mainly due to the majority of people being in the kitchen, talking with no music, but as it was the hottest day of the year we had the windows opened and the noise carried. I was aware of this complaint as I got a message from the owner on the evening, we immediately moved indoors, shut windows, and ensured the following evening we were all inside by 10.30 with windows closed.
My issues are: 
The suitability of the property sold to us, when they knew it was a hen party. We were not told there were neighbours close by, and also were not told to close all windows by 11pm (the house sleeps 18 so that many people are bound to make some noise when talking)
My terms and conditions that I was supplied on my booking page and agreed to, did not mention the £250 deduction for breaking house rules. The terms supplied to the owner apparently did mention this, and also they were at the bottom of the 3rd party companys website. So I feel they have made an error by not supplying me the correct terms.
Do I have leg to stand on by trying to claim the £250 back? If so how do I go about it?

Penguin_

Could you provide a link to the accommodation? 

the_lunatic_is_in_my_head

Hello OP

Don't worry about debating the suitability of the property or how the terms were presented to you, simply the term in the contract that permits them to retain an amount from the deposit due to a breach of the "house rules" is likely to contravene: 

https://www.legislation.gov.uk/ukpga/2015/15/schedule/2

Consumer contract terms which may be regarded as unfair

6: A term which has the object or effect of requiring a consumer who fails to fulfil his obligations under the contract to pay a disproportionately high sum in compensation.

If the amount retained is greater than an actual pre-estimation of loss the term would be void to the

extent that it amounts to a penalty under English common law.

Additional guidance is provided under section 5.14 (pae 89)

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/450440/Unfair_Terms_Main_Guidance.pdf

As with all things if they won't voluntarily refund it's a case of letter before action and then deciding if you wish to go to small claims. 

Without suffering a monetary loss I don't see they have any claim to retention from the deposit and you need to focus on the term being unfair as per the Consumer Rights Act. 

In most cases you would hope a letter before action (templates on Google) will do the trick, there are some online companies that will send more official looking letters for a small fee (of £3 upwards, I wouldn't pay more than £20). 

If you paid for the room on a credit card and the rate per night, (plus per person if applicable) was over £100 you should have protection under Section 75 which holds the credit provider equally liable. 

Okell

fizzwigady said:

... On the description they described the property as "secluded", "in a world of your own" and in a quiet location. They also stated the house was perfect for celebrations, large groups and hen weekends.
The house was great, but the neighbours were in very close proximity (not shown on the pictures online). There was an outdoor pool and hot tub, and the neighbours house was adajcent to the pool area, about 4m from the pool area fence (5ft high fence)...

So 18 of you had to confine yourselves to inside the house after 10:30pm because of complaints from the neighbours (complaints about voices and not loud music) and the pool was also overlooked by the neighbours?

I think not only would I be wanting to claim my £250 damage deposit back (on the grounds explained by @the_lunatic_is_in_my_head) but I'd also be wanting to claim back a significnat portion of what I'd paid for the weekend on the grounds of misrepresentation.  The property obviously was NOT "perfect for celebrations, large groups and hen weekends."