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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My partner & I booked a holiday rental villa in kerela, india.

Customer Question

My partner & I booked a holiday rental villa in kerela, india. Before we booked we asked the owner (who is english and lives in england) via Trip advisor if the property is quiet as we have trouble sleeping . she replied that "17th to 26th February available and very quiet except for the sound of the surf".

The charge was £812.35, exceptionaly high for 8 nights.

When we arrived at 3am we were astonished to find that the rental was a shack, that the "natural ventilation" instead of air conditioning was a row of 4" holes drilled through the wall above the windows, the windows had shutters but no glass in .
THere was no way of closing the vents and reducing the noise like sleeping outdoor, dogs barking, cocks crowing at 4 am in the garden of the houses behind and at the sidE

Apart from the marble floors which had been cleaned the "furniture" was dirty and dusty as was the bathroom . The furniture was tatty rather than just old, the kitchen dark narrow and very ill equiped with dirty washing under the worktop. There was no wifi as advertised , and no phone signal.

We found the accomodation totaly unacceptable, especialy as it was at least 50% more expensive then the beautiful, immaculate villas we have rented elsewhere in rhe far east and europe.

The following morning we took a taxi and got a room at a 5 star hotel at half the price

Despite the intervention of trip advisor the owner refuses to negociate any sort of refund and just says that other people have liked it.
The citesens advice suggest a letter beforeaction then action under the supply of services.
what do you think
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.

Apart from the noise factor, did the owner make any other misrepresentations about the property?
Customer: replied 2 years ago.

The trip advisor websit did say there was wi fi , however a caution as to the state of the place was ommitted. Clever wording avoids most of the issues. We would not normaly enquire about the absence of furniture ect.

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

Therein lies your problem I am afraid, the fact that clever wording was used to lure you and the fact that the buyer beware principle would apply here.

However, if there was no wifi available when the owner stated that it was available, and the property was noisy when the owner stated that it was not noisy, then you could get some money back from the owner, although not all, despite the fact that you were ripped off clearly if you managed to book a 5 star hotel at half the price, at little or zero notice.

I would suggest that you file a court claim online against the owner at and claim £700 being the approximate cost for the 7 unused nights, as part of your claim, you should say that you were misrepresented as to the noise factor and the wifi, which were absolutely crucial to you and that you were looking to set aside the contract on the grounds of Misrepresentation under the Misrepresentation Act and the common law.

The final say will lie with the courts but I would expect that you should be able to get some or all of your claimed amount back from the owner.

Can I help further?

Customer: replied 2 years ago.

Thank you - excellent, I do feel a fool for not checking everything, some people evidently enjoy slumming on holiday.

one final thing , I have found a address for her by using the registered address of a company of which she is the director, which sounds like her home address, will this suffice.

Trip advisor will not give out the address quoting data protection , is this correct?

Alanb Burnham

Expert:  UKSolicitorJA replied 2 years ago.
Yes, that address should suffice and yes, Tripadvisor is correct in not divulging her address under Data Protection legislation.

All the best, XXXXX XXXXX feedback
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

dear j.a .

Refering to the above case we sent letter before action to her and then a claim via the small claims route as you suggested asking for £700 back for misrepresentation .

She sent in a "defence" in which she admitted some noise from the suttounding animals, said that the natural ventilation was good and we were bound to get some noise.

She said that the wifi rarely worksed due to the beach and ocean (there was no wifi and she seems to have confused it with mobile data), ant that we should have walked up the beach to use someone elses.

Her main "defence" seems to be that we didnt like the place because we are racist, we called the villagers vagrants (there were vagrants sleeping rough on the beach) , that the courts dont like racism and she will invite the press into the court. Also tha she is a JP, and that everyone else liked the place, we are trying to wreck her buisness by putting a bad review on Trip advisor.

When I emailed her to say that she had in fact agreed with our allegations and not actually defended herself she replied saying she was not going to read it.

I have applied to the court to proceed with the case.

Any more advice please? Will the court allow her to try to divert the case on to alleged racism?

















Expert:  UKSolicitorJA replied 2 years ago.
Dear Alan,

If she alleges racism, she will have to prove it or convince the court that you were racist, which is not the case.

All the best

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