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 UKSolicitorJA Your Own Question

UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
Type Your Law Question Here...
UKSolicitorJA is online now

Morning. In December 2013 I paid a deposit of pounds sterling

Resolved Question:

Morning. In December 2013 I paid a deposit of pounds sterling 1557 to a woman in London as a 50% deposit on her rental property in Switzerland. I found the property through the holiday rental site HOMEANDAWAY and we agreed to rent her chalet in Switzerland for one week in August 2014. She received my deposit and confirmed receipt (or rather, her agent, also her sister, did). We have made plans for friends and family etc to join us. Last night I received a call from the Agent to say "sorry, but we have rented the chalet out for 6 months so you cannot stay there as planned". They sent a list of other available properties. Most are smaller and are apartments (not what we want), we had booked a large and luxurious chalet and they have, with exception of one other large chalet, only been able to come up with much smaller apartments. None are suitable.

My questions:

a. Are they legally allowed to simply renege on this deal? No signed contracts but email trail, and acceptance of my deposit.The Agent also told me that they had had to cancel other weekly tenants, in same position as us.
b. I would like to ask for the refund of my deposit with interest and a penalty. I would have not have been able to cancel this reservation without a penalty and feel the same is probably applicable to them. Again, no written contact between us.
c. Any other advice?

Thank you so much,

Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.

You could argue that a binding contract was implied when you made the booking and paid your deposit which they accepted. They may terminate the contract, as can you, but due to the lack of terms and conditions, you do not know what the cancellation terms are.

Yes, you may ask for the refund of your deposit, plus interest plus a reasonable amount to enable you to secure suitable equivalent alternative accommodation. You need to work out what this figure is and justify to them why you are seeking it.

You should tell them that you intend to commence legal proceedings against them if they fail to put you back in the same position you would have been had they not cancelled the contract.

Hope this helps
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice