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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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hi, we have caravans that we rent out, a lady has booked two

Customer Question

hi, we have caravans that we rent out, a lady has booked two caravans with us for 7th sept 2013 for a week and payed £50 deposit for each and signed a booking form that says if you cancel deposit non-refundable, now the lady wants to cancel and wants her deposit back and we have said no because it is non-refunable, where do we stand please, do we have to refund her or not please, thanks jayne
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

I'm really sorry but its likely that you would have to.

She is in breach of contract by trying to cancel. However, you can only claim the sum of your loss where a contract is breached.

If she is not due until September then you do have time to let the week to another. If you are unable to do so then you have a claim against her. You will have to prove that you cannot though and you do have nearly 6 months.

I'm afraid that whatever your contract says you cannot just keep the deposit. That is levying a fine which you are not allowed to do.

I'm very sorry.

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