Wondering if I’m entitled to a refund for this short term let [Merged]

tacpot12

This is not a booking in the sense of a reservation of accommodation for a time in the future. This is a contract for accommodation. Terms were offered and you accepted the terms. The terms did not provide for any cancellation, and certainly in the UK, it would be understood to be fixed term with you being liable for rent for the entire term. Unless you have something that lead you to beleive that the contract could be cancelled part way through, you cannot even argue that you are due a refund. 

1122abc

tacpot12 said:

This is not a booking in the sense of a reservation of accommodation for a time in the future. This is a contract for accommodation. Terms were offered and you accepted the terms. The terms did not provide for any cancellation, and certainly in the UK, it would be understood to be fixed term with you being liable for rent for the entire term. Unless you have something that lead you to beleive that the contract could be cancelled part way through, you cannot even argue that you are due a refund. 

Thank you. I thought my booking was much like one on Airbnb or booking.com, and on these sites they clearly state the refund policy. Sorry do you mind explaining the difference between booking on these platforms and the booking I made with a property management/letting company? They also have a website, though no T&Cs. They asked me not to book another month on AirBnB but with them, so I transferred the money. I assumed I’d get some kind of confirmation/T&Cs but nothing. 

theartfullodger

propertyrental said:

1122abc said:

If the property management company has not sent me any terms and conditions, then surely there is nothing to state that it 'IS' refundable?

There's a contract. They agreed to provide the accommodation. You agreed to pay for it.

Exactly...

the_lunatic_is_in_my_head

Hello OP

You can cancel even if it's "non-refundable" however you are liable for lost profits or costs, not both so the accommodation owner can't keep both.

It's covered under 

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

A term which has the object or effect of permitting the trader to retain sums paid by the consumer where the consumer decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the trader where the trader is the party cancelling the contract.

A term which has the object or effect of requiring that, where the consumer decides not to conclude or perform the contract, the consumer must pay the trader a disproportionately high sum in compensation or for services which have not been supplied.

Booking.om are just an agent so it's something to take up with the accommodation owner if they don't refund something. 

There's no right to cancel for

the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.

So you don't have to be told the above about being liable for costs or profit, it's just a given  

marcia_

1122abc said:

propertyrental said:

1122abc said:

If the property management company has not sent me any terms and conditions, then surely there is nothing to state that it 'IS' refundable?

There's a contract. They agreed to provide the accommodation. You agreed to pay for it.

English isn’t my first language but thanks for your correction?

If I haven’t been sent any T&C, then how is the booking non refundable?

In the same situation, why would it be returned if there is no T&C saying they will 

DullGreyGuy

1122abc said:

If I make a booking for accommodation but I am not sent any T&Cs, nor am I told that the booking is non-refundable / not able to be cancelled,  can the company legally deny me a refund or cancellation?

Yes, there is no legal requirement to provide the terms beforehand... when was the last time you were in Tesco and they gave you a copy of the contract? 

If the terms are important to you then you should not be entering into the contract until you have obtained them. If you're too impatient then thats your own doing. 

1122abc

DullGreyGuy said:

1122abc said:

If I make a booking for accommodation but I am not sent any T&Cs, nor am I told that the booking is non-refundable / not able to be cancelled,  can the company legally deny me a refund or cancellation?

Yes, there is no legal requirement to provide the terms beforehand... when was the last time you were in Tesco and they gave you a copy of the contract? 

If the terms are important to you then you should not be entering into the contract until you have obtained them. If you're too impatient then thats your own doing. 

Tesco has T&Cs stating what is and isn’t refundable, but I get your point I guess. 

Not so much impatient but in a desperate situation and the management company said I had to pay then or lose the booking entirely. I was too worried about having nowhere to stay. 

1122abc

the_lunatic_is_in_my_head said:

Hello OP

You can cancel even if it's "non-refundable" however you are liable for lost profits or costs, not both so the accommodation owner can't keep both.

It's covered under 

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

A term which has the object or effect of permitting the trader to retain sums paid by the consumer where the consumer decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the trader where the trader is the party cancelling the contract.

A term which has the object or effect of requiring that, where the consumer decides not to conclude or perform the contract, the consumer must pay the trader a disproportionately high sum in compensation or for services which have not been supplied.

Booking.om are just an agent so it's something to take up with the accommodation owner if they don't refund something. 

There's no right to cancel for

the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.

So you don't have to be told the above about being liable for costs or profit, it's just a given  

Thank you

DullGreyGuy

1122abc said:

DullGreyGuy said:

1122abc said:

If I make a booking for accommodation but I am not sent any T&Cs, nor am I told that the booking is non-refundable / not able to be cancelled,  can the company legally deny me a refund or cancellation?

Yes, there is no legal requirement to provide the terms beforehand... when was the last time you were in Tesco and they gave you a copy of the contract? 

If the terms are important to you then you should not be entering into the contract until you have obtained them. If you're too impatient then thats your own doing. 

Tesco has T&Cs stating what is and isn’t refundable, but I get your point I guess. 

Not so much impatient but in a desperate situation and the management company said I had to pay then or lose the booking entirely. I was too worried about having nowhere to stay. 

And when did they hand you those T&Cs at the checkout? Or the self service checkout?

Any pressured sale is a key indicator you need to check the terms!

1122abc

DullGreyGuy said:

1122abc said:

DullGreyGuy said:

1122abc said:

If I make a booking for accommodation but I am not sent any T&Cs, nor am I told that the booking is non-refundable / not able to be cancelled,  can the company legally deny me a refund or cancellation?

Yes, there is no legal requirement to provide the terms beforehand... when was the last time you were in Tesco and they gave you a copy of the contract? 

If the terms are important to you then you should not be entering into the contract until you have obtained them. If you're too impatient then thats your own doing. 

Tesco has T&Cs stating what is and isn’t refundable, but I get your point I guess. 

Not so much impatient but in a desperate situation and the management company said I had to pay then or lose the booking entirely. I was too worried about having nowhere to stay. 

And when did they hand you those T&Cs at the checkout? Or the self service checkout?

Any pressured sale is a key indicator you need to check the terms!

Yes good analogy. Definitely a lesson learnt. Thanks for your replies!