Is this man in the right?

[jem_bob]

So probably the wrong section, but I'm more likely to get an answer here...
Boyfriend and I recently returned from a holiday in Cyprus. We stayed at a private villa that we found on holidaylettings.com. The man who owns the villa charged us a deposit of �100 to be returned when we arrived home. Whilst we were there, the weather left a lot to be desired, constantly windy (we've never seen anything like it!). The villa had a pool, table and chairs and a parasol. One night the wind picked up terribly, so we went outside and folded the parasol down and laid it on the floor with the soilid marble base still attached. The next morning we woke up to find 2 of the chairs in the pool and the parasol had been dragged around 10 feet and the thing was ruined. The metal spokes had been ripped off the brackets and the material ripped. We text the villa owner to let him know, to which he didn't reply (lack of simple courtesy!). When we arrived home, I emailed him to explain further what had happened and he has just replied this morning to say that he will be charging us �70 for the parasol! He says that we were supposed to keep it indoors overnight, but we were given no instructions to do this whatsoever. There was no welcome pack or instructions to follow regarding the villa, we were just left to our own devices. Now if we had been told this and had ignored it, then yes we would pay. But the fact that we're expected to be mind readers, means we will potentially lose this money over something that was totally out of our control. We did everything we thought necessary to protect the umbrella by folding and lying it down. Does he have the right to withold our money?

[4getmenot]

I have never been asked to bring a parasol inside when I have been in a rented villa. It is not your fault and you did do everything unfortunately how are you going to get your depost back. dont think you will have much luck. When you got to ville were all these items outside?

[jem_bob]

Me neither, we've stayed in many villas before and have never been told to do this. And yes, exactly... the parasol was outside when we got there, so how were we to know any different?! I was a little disappointed to see there was no welcome pack, as there are usually instructions for how to work the air con/heating etc, but there was nothing at all. I don't know how he expects us to have known to bring them inside. He also said this morning that we were supposed to have brought in the table and chairs overnight, but particularly the parasol. Thinking back, there was no way the table would have fit through the patio doors! I think this man is just taking us for a ride. But you're right, now that he has our money I have no idea how we can get it back. Citizens Advice?

[sqad617]

jem....you will get better advice from other posters BUT I feel that you have a big problem to get your money back.

I presume the owner lives in the UK.

He, being a villa owner would know all about the hazards to garden furniture in Cyprus due to winds and it is my opinion that he is "trying it on"

I am not sure whether he has to prove that you were negligent or that you have to prove that you wern't.

It looks as though it will cost you more than �100 to take legal action against him.

These villa owners are insured against such eventualities.

I look forward to posters in this case.

[jem_bob]

Precisely, he will have known that the weather can be windy at that time of year, yet there were no instructions regarding his garden furniture. I'm just so outraged that he is implying that we knew the parasol should be brought indoors and that we ignored the instructions. As I said, if this were the case then I would be happy to pay, but the fact that we were told nothing means it is not our responsibility. I did wonder whether they would have insurance against this kind of thing. Maybe I'll throw that one at him if he continues the battle! Is this the sort of situation in which you can call Citizens Advice?

[4getmenot]

How did you leave deposit? can you cancel cheque? Maybe you should ask him why it was outside to start with. And yes any of the villas I have been to have a welcome pack and all instructions in for tv/beds/air con etc.

[jem_bob]

4get, the total for the deposit and the cost of the villa were done by bank transfer a few days before we went on holiday. It was a bit of a last minute booking so it was too late to pay via cheque (unfortunately in hindsight!). I have said to him that the parasol, table and chairs were all outside when we arrived, so how were we to know any different. I think he may just be taking advantage because we're quite young and think he can take us for a ride. But I'm not going to back down on this. So many things don't add up, so I refuse to take responsibility.

[4getmenot]

Yes I tend to pay for holiday then put deposit on a seperate cheque so they cannot cash it straight away. I wonder how much money he makes just out of keeping peoples deposits. When we last went on holiday the villa we were in flooded but the owner obviously knew it was not our fault and we rang to let them know as soon as it happened even though it was 3am!!

[jem_bob]

Yes us too, we text him at about 8am as soon as we discovered what had happened. It would have been common courtesy to have replied, but we received nothing. He said that he has had over 30 people stay in his villa and has never had to retain a deposit. I'm beginning to wonder how true this statement is! That's like your villa owner claiming that you should have sandbagged the place to prevent the flood! You just don't expect these things to happen in 'hot' countries. We did our best by lying it down, but never did I imagine the wind would be able to drag a solid marble base, this thing weighed a ton! It took 2 of us to move it about.

[jem_bob]

Okay guys, help! He has written this back. He's obviously just being a total ar$ehole and won't drop this one.

"Im sorry you feel this way, but the entire villa and its contents are the responsibility of the tenant during the let. Common sense would suggest, that the parasol is packed away and put indoors at night and instructions should not really be necassary. They are outdoors when you arrive, as to present the villa in its best appearance and this is only done when the villa is cleaned prior to your arrival.

If the villa was let at full price to yourself �449 for the week, then i might have just waved the cost. But i actually gave you a discount of �150. With the cleanings and maintenance costs involved, that is a price which is just about viable. I cannot then pay on top from my own pocket, for any damage caused whilst the villa was rented out."

[jno]

does your insurance, or his, cover this?

[jem_bob]

By insurance, do you mean travel insurance? Mine doesn't, no. I have pointed out to him that he should have contents insurance for his villa, so surely he can claim on that? He has a TV, kitchen appliances, CD player etc. It would be foolish of him not to have some sort of cover. Unless his cover comes in the form of 'stealing' the money from his poor tenants.

[jno]

the question of whether British or Cypriot law applies might also be relevant. This probably needs a specialist answer - could you try posting it in the Law section? You won't get as many answers there but they're more likely to be from people with a legal background.