Renting out short-stay accommodation; cancellation clause - rights?

System

This discussion was created from comments split from: Wondering if I’m entitled to a refund for this short term let [Merged].

greensleeves24

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.

Hi @pro@propertyrental , I wondered if you can help with this situation.

 

I am the landlord of a property that does short term lets. I usually rent it out on Airbnb where the terms and conditions are stipulated. However, I recently rented it out on another platform and through a misunderstanding between the platform and myself, no cancellation terms and conditions were included in the email asking for payment 90 days ahead of the stay. The guest booked the accommodation and paid in full by bank transfer on 10/5/24 for a stay of three days from 18/8-21/8/24.

 

In the booking platform Guests Terms and conditions, this is stated

2.5 Please note that the agreement in relation to your rental of the Accommodation is between you and the Host and will be governed by the Host’s own terms and conditions (“Host’s Terms”). You should request to see the Host’s Terms and ensure that you are satisfied with them (in some circumstances we may be able to supply you with a copy of the Host’s Terms directly). We have no liability to you in relation to the Accommodation or your rental other than as set out in this Agreement.

 

The guest asked to see my terms and conditions until on 7/8/24 she asked to see the terms and conditions as her husband had a medical emergency and wasn’t able to travel. I sent the terms and conditions to her (see below) on 7/8/24 and asked her if she still wanted to cancel. She said she still wanted to cancel. I asked her if she had travel insurance and the guest did not. I said given the circumstances, if I managed to rent the property for the full 3 days, I would refund her 50% of her payment even though her cancellation was within 14 days of the booking so I technically didn’t have to give her a refund. I had to reduce the price by 2/3 and only got booked for 2 days instead of the 3.

 

She then replied to say she has sought legal advice and didn’t think it was right that my cancellation terms and conditions were not available on booking and that I am in breach of my obligations to provide them. 

 

“ TERMS AND CONDITIONS 

Non-smokers only.
No pets.
Full payment for the rental is due 90 days in advance of arrival.
Cancellation Terms:
To receive a full refund of the balance, guests must cancel within 48 hours of booking, and the cancellation must occur at least 14 days before check-in
If guests cancel 14 or more days before check-in but not within 48 hours of booking, 50% will be retained
If guests cancel after this time-frame, the balance is non-refundable.
We recommend you take out travel insurance.”

 

 

I have sought advice from a Trading Standards contact and they said my terms and conditions should have been clear at booking but there was a thread that stated that the contract was I will provide accommodation on x dates and she will pay which she did.

 

Please can you tell me what my rights are here. 

the_lunatic_is_in_my_head

greensleeves24 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.

Hi @pro@propertyrental , I wondered if you can help with this situation.

 

I am the landlord of a property that does short term lets. I usually rent it out on Airbnb where the terms and conditions are stipulated. However, I recently rented it out on another platform and through a misunderstanding between the platform and myself, no cancellation terms and conditions were included in the email asking for payment 90 days ahead of the stay. The guest booked the accommodation and paid in full by bank transfer on 10/5/24 for a stay of three days from 18/8-21/8/24.

 

In the booking platform Guests Terms and conditions, this is stated

2.5 Please note that the agreement in relation to your rental of the Accommodation is between you and the Host and will be governed by the Host’s own terms and conditions (“Host’s Terms”). You should request to see the Host’s Terms and ensure that you are satisfied with them (in some circumstances we may be able to supply you with a copy of the Host’s Terms directly). We have no liability to you in relation to the Accommodation or your rental other than as set out in this Agreement.

 

The guest asked to see my terms and conditions until on 7/8/24 she asked to see the terms and conditions as her husband had a medical emergency and wasn’t able to travel. I sent the terms and conditions to her (see below) on 7/8/24 and asked her if she still wanted to cancel. She said she still wanted to cancel. I asked her if she had travel insurance and the guest did not. I said given the circumstances, if I managed to rent the property for the full 3 days, I would refund her 50% of her payment even though her cancellation was within 14 days of the booking so I technically didn’t have to give her a refund. I had to reduce the price by 2/3 and only got booked for 2 days instead of the 3.

 

She then replied to say she has sought legal advice and didn’t think it was right that my cancellation terms and conditions were not available on booking and that I am in breach of my obligations to provide them. 

 

“ TERMS AND CONDITIONS 

Non-smokers only.
No pets.
Full payment for the rental is due 90 days in advance of arrival.
Cancellation Terms:
To receive a full refund of the balance, guests must cancel within 48 hours of booking, and the cancellation must occur at least 14 days before check-in
If guests cancel 14 or more days before check-in but not within 48 hours of booking, 50% will be retained
If guests cancel after this time-frame, the balance is non-refundable.
We recommend you take out travel insurance.”

 

 

I have sought advice from a Trading Standards contact and they said my terms and conditions should have been clear at booking but there was a thread that stated that the contract was I will provide accommodation on x dates and she will pay which she did.

 

Please can you tell me what my rights are here. 

See my earlier post, where the consumer fails to perform their obligations under the contract they liable for costs or loss of profit as per the ordinary position of contract law.

There is no right for the consumer to cancel accommodation so no need to state such. 

50% a few days before the booking if you fail to find another booking seems fair to me (I assume your profit is 50% or more?). 

If you did find another booking then refund their payment minus any costs you suffered in taking the new booking.