Holiday Cancelation Law

[philchaney]

I booked a villa in Feb 08 for 7 month's winter rental Oct 08 - May 09. In April 08 I cancelled (5 months before booked arrival). I have paid �230 non-returnable deposit. First payment due in July (50% = �1,700) and second 50% in August. There is no Cancelation Terms in the basic agreement. The owner wants all the money (�3,600). I believe I only loose the �230. Please, who is right?

[factor-fiction]

Did you book it direct with the owner? Were terms in the advert? Does basic agreemnt refer you to any other documents/website for terms and conditions

[anjunagirl]

Not sure of the legal answer but I own several villas in Goa, I take �50 nonrefundable deposit whatever the length of booking, balance due 10 weeks prior to arrival. I can understand the owner taking 50% in July due to the length of the booking (if you were going ahead) but surely there's plenty of time to re-let, if not, they are using the wrong websites for their advertisements. I don't think even well known holiday companies would charge that much to cancel a booking, only if you cancelled in the last few weeks, which you haven't done. I don't think there's a way the owner can enforce this, they are �230 better off as it is, probably laughing up their sleeves and taking replacement bookings!

[philchaney]

Booking is direct with owner from his webpage on a holiday let villa website. Terms were in advert as stated, and on booking form: �230 non-refundable deposit, 50% at 12 weeks and 50% at 6 weeks - both were not endorsed 'non-refundable' thus inference is only to be paid on due date, if not booking forfeited. OFT guidance is that distant cancellations only attract payments to cover traders' costs. Law states in the the absence of terms and conditions cancellation conditions that OFT guidance is the accepted and fair to cover costs and losses and owner must actively market the cancelled period.