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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I booked a short term accommodation, weeks, and paid a

Customer Question

I booked a short term accommodation, for five weeks, and paid a holding deposit, and didn't make the full payment (due a month before the beginning of the rent). I requested to cancel/change the original period 45 days before the agreed rental date. There is no cancellation clause in the signed contract, but a section about shortening the period:
"In the event that guest requests for a shortening of terms, a 30 day notice is required to avoid forfeiture of the deposit and any unused portion of the monthly advance payment. The monthly advance payments is non-refundable".
My question is whether I can interpret this as that I am entitled to reduce the term much shorter than the original term (5 weeks), for example to two days? If so, can they charge the rate more than pro rata or their normal daily rate (higher than the pro rated rate)?
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear, do they normally do a price break for 5 weeks rather than 2 days? I assume they would as the longer you book the lower the 'price per day' would be.
Alex

Customer: replied 11 months ago.
5 weeks rental were at £120 per night, where as their advertised day rate for the period is between £250 - £290.
Expert:  Ash replied 11 months ago.

Does the agreement allow for prices to be amended with a change of term?

Customer: replied 11 months ago.
It does not have any clause related to that, as I read. I'm adding the contract I signed.
Expert:  Ash replied 11 months ago.

Thanks. Well the contract does not say they can change the price, so in theory they can not.

This is because if they wanted to be able to change the price, then it should be in the contract saying so.

So you can change but they cant amend the price per day etc.

But it may also be read that the price due and to be paid will remain the same even if you want to shorten it. It does not say you would be entitled to a refund of that difference.

Can I clarify anything for you about this today please?
Alex

Customer: replied 11 months ago.
When it says "30 days is required to avoid forfeiture of the deposit and any unused portion of the monthly advance payment", doesn't this mean, if I give more than 30 days notice, that I shouldn't be paying the unused (5 weeks - 2 days) part?
Expert:  Ash replied 11 months ago.

Yes I think you could consider it like that.

It would be subject to argument and determination by a Judge if necessary.

But I agree, it should mean you dont pay for unused.

Does that clarify?
Alex

Customer: replied 11 months ago.
Thanks. One last question: The holding deposit £500 is not refundable (I signed). In case I successfully reduce the term to 1 or 2 days (so £240 rent), could I claim for the remaining part of the holding deposit or that's still unrefundable?
Expert:  Ash replied 11 months ago.

Non refundable - because that is what the terms say.

I am sorry.

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 11 months ago.
One last question. If they are not responding or ignore what's written on the contract, how should I go about this? What would be the most effective (not so costly) way of contacting them to reinforce terms of the contract?
Expert:  Ash replied 11 months ago.

You just need to make sure you have sent it in writing, that is it. Alex

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