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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi there, Im wondering if you can help with me with problem

Resolved Question:

Hi there, I'm wondering if you can help with me with problem I am having. I own a holiday rentals business and I have had to cancel a booking due to take place in September due to serious maintenance and repair work. This booking was through a 3rd party. I told the guests on 23rd July of the cancellation and have requested that the holiday booking company refund their payment- this is happening. The party concerned are now asking for compensation - where do I stand with this? My terms and conditions state that: If, for reasons beyond its control, the Owner has to cancel the Contract the Company shall notify the Hirer as soon as reasonably possible. The Company shall assist the Hirer to seek re-imbursement of any monies paid under condition 5 direct from the Owner. and 10.2 The Company (acting on behalf of the Owner) may terminate the Contract in accordance with the provisions in condition 12.2 and in such scenario the Hirer should seek reimbursement of the monies which it has paid in accordance with condition 5, direct from the Owner (which the Company shall assist with). Look forward to hearing from you soon. Many thanks
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

The contract was terminated in accordance with the contract, is that right?

Alex Watts :

Does the contract allow for limitation on liability to the cost of booking please?

Customer:

That's right yes the contract was terminated in accordance with the contract

Customer:

I'll need to check on limitation on liability - I will have a quick look now

Alex Watts :

Ok

Customer:

Hi I'll copy and paste the limitation on liability I think the last bit of the clause answers your question.

Customer:



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:




  1. 8.1.1 any breach of these Conditions;




  2. 8.1.2 the hire of the Holiday Accommodation by the Hirer and the Party; and




  3. 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:




  1. 8.3.1 for death or personal injury resulting from the negligence of the Company; or




  2. 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.






Page 3 of 4








misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the Price.




Alex Watts :

If you terminated in accordance with the contract you can't be sued

Alex Watts :

This is because the contract is a the agreement that governs the agreement between the parties

Customer:



8.5.2 the Company’s total liability in contract, tort (including negligence or breach of statutory duty),





misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the Price.







Alex Watts :

Therefore if you act in accordance with the agreement, even by terminating then the other party can't sue

Customer:

Sorry this was the bit I was on about

Alex Watts :

This is because you have acted in accordance with the agreement and ended it in accordance with the agreement.

Customer:

They are asking for compensation - is it enough to refund their payment and deposit?

Alex Watts :

Yes that is enough

Alex Watts :

In any event the agreement limits your liability

Customer:

Fantastic.

Alex Watts :

The company is not liable for:

Alex Watts :


any loss;
any damage;
any additional expense;






any damages for inconvenience



Alex Watts :

Therefore there is no claim for compensation beyond a refund

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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.

Alex Watts :

Yes if you have given notice as per the contract, that is fine

Alex Watts :

The contract entitles you to give notice

Alex Watts :

Does that clairfy?

Customer:

Absolutely, their booking is for September 19th and I have told them on 23rd July

Alex Watts :

Yes so you are fine

Customer:

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?

Alex Watts :

It does

Alex Watts :

You are entitled to end

Alex Watts :

In any event the contract limits liability

Alex Watts :

Does that help?

Customer:

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

Alex Watts :

No, the contract is the contract

Alex Watts :

That sets out the entire agreement

Alex Watts :

Can I help with anything else today?

Customer:

Thank you so much for your help with this matter.

Alex Watts :

Happy to help. If I could invite you to rate my answer before you go today

Alex Watts :

If the system wont let you or you need more help please click reply

Customer:

Thats fine - I will do. You have been very helpful

Alex Watts :

Thanks - have a good weekend

Customer:

you too

Customer:

]

Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi there,


 


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.