How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

i need to cancel a villa holiday, villa only, company are insisting

Resolved Question:

i need to cancel a villa holiday, villa only, company are insisting we pay total cost, not just forfeit deposit, holiday is not until 30.08.14. are they able to do so legally please?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Did you agree a cooling off period please?
Customer: replied 3 years ago.

no

Expert:  Jo C. replied 3 years ago.
Thanks.

If you didn't agree a cooling off period then you are locked into the contract. Even if you did this deal by distance this is a contract for holiday letting and so exempt from the distance selling regulations.

However, they can only claim the sum of their loss and they are under a duty to mitigate their loss by seeking to sell to another. Since they have some six months or so to sell this holiday it would seem surprising if they could not.

They will only be able to keep these funds if they can prove to a court that they had looked for a replacement and could not find one which seems unlikely.

Obviously they will not be happy to throw their hand in and pay you but if you sue them then they probably will not contest this and they would likely lose in court if they did.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Thank you. Do i therefore inform them I am unwilling to pay further demands now?

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Yes, just refuse to pay and invite them to sue.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C. and other Law Specialists are ready to help you