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The contract was terminated in accordance with the contract, is that right?
Does the contract allow for limitation on liability to the cost of booking please?
That's right yes the contract was terminated in accordance with the contract
I'll need to check on limitation on liability - I will have a quick look now
Hi I'll copy and paste the limitation on liability I think the last bit of the clause answers your question.
8 Limitation of Liability- THE HIRER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
8.1 This condition sets out the entire financial liability of the Company (including any liability for the acts or omissions of its employees) to the Hirer in respect of:
8.1.1 any breach of these Conditions;
8.1.2 the hire of the Holiday Accommodation by the Hirer and the Party; and
8.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
8.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract and these Conditions.
8.3 Nothing in these Conditions limits or excludes the liability of the Company:
8.3.1 for death or personal injury resulting from the negligence of the Company; or
8.3.2 for any damage or liability incurred by the Hirer as a result of fraud or fraudulent misrepresentation by the Company.
8.4 The Company does make every effort to update the descriptions on its Website for any material changes made to the Holiday Accommodation, however the Company shall not be held responsible for any minor discrepancies in the Holiday Accommodation from the descriptions on its Website, or any changes made to the Holiday Accommodation by the Owner after the date of the Booking Enquiry. If the Company has been notified by the Owner of any changes made to the Holiday Accommodation which are material, it shall use its reasonable endeavours to notify the Hirer.
8.5 Subject to condition 8.2 and condition 8.3: 8.5.1 as the Company is acting purely as agent for the
Owner and does not have any control over the Holiday Accommodation or the Owner, the Company shall not be liable for:-
(a) (b) (c) (d) (e) (f)
8.5.2 the Company’s total liability in contract, tort (including negligence or breach of statutory duty),
any injury; any sickness;
any loss; any damage; any additional expense;
any damages for inconvenience caused directly or indirectly by or arising out of the use or condition of the Holiday Accommodation and its appearance, plumbing, gas, electrics, private water, exceptional weather conditions or the Owner’s negligence. The Company shall not be liable for any actions or omissions of the Owner. The Company shall not be liable for any damage or loss caused to any belongs of the Hirer or the Party during the Hire Period.
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misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the Price.
If you terminated in accordance with the contract you can't be sued
This is because the contract is a the agreement that governs the agreement between the parties
Therefore if you act in accordance with the agreement, even by terminating then the other party can't sue
Sorry this was the bit I was on about
This is because you have acted in accordance with the agreement and ended it in accordance with the agreement.
They are asking for compensation - is it enough to refund their payment and deposit?
Yes that is enough
In any event the agreement limits your liability
The company is not liable for:
any loss;any damage;any additional expense;
any damages for inconvenience
Therefore there is no claim for compensation beyond a refund
Can I clarify anything for you about this today please?
That is what I did think - just a quick question about acting in accordance - can I clarify what you mean by that to be 100% sure we have done this properly.
Yes if you have given notice as per the contract, that is fine
The contract entitles you to give notice
Does that clairfy?
Absolutely, their booking is for September 19th and I have told them on 23rd July
Yes so you are fine
I've just re-read their email they are asking for compensation due to the fact apartment prices are higher now than a month ago - the limitation on liability still stands?
You are entitled to end
In any event the contract limits liability
Does that help?
Brilliant - The apartment is owned by someone else - can this party of guests sue the owner? I represent the owner and it a situation out of our control? Sorry for all the questions, I need to be certain before answering them
No, the contract is the contract
That sets out the entire agreement
Can I help with anything else today?
Thank you so much for your help with this matter.
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Thats fine - I will do. You have been very helpful
Thanks - have a good weekend
The party have responded saying they would like compensation for this and are asking for evidence of the maintenance that is taking place on this property. I do not have any evidence as it was a phone call that told me - if I cannot prove there is a maintenance issues is this a problem? If I cancel a booking in good time surely that is enough but they are now threatening small claims.