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I wish the owner good luck with this.
They would be entitled to keep the deposit if you did show but they are most unlikely to be able to refuse for other people to go in your place. It may be different if it was a completely unrelated family who he had not taken up any references regarding or suchlike but for such close relatives he is just not going to get away with it in my opinion. Suppose the argument say you were taken ill the day before the trip? According to the owner, then no one will be able to go!
Accommodation is excluded from the cancellation provisions under the Consumer Rights Act 2015.
You should write to the landlord or email if that’s how you’ve been communicating saying that unless he agrees for the replacement relatives to go, you will have no alternative but to cancel the whole thing, and then take him to the Small Claims Court for the total cost of what you paid plus of course the court costs. If he still doesn’t agree for the replacement party, then if you small claims court proceedings and let the court decide.
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We can still exchange emails if you wish.
Best wishes. FES.
The moral here, is that before you book anything at all, look at the cancellation provisions.
If you cancel the booking completely, you have much less chance of getting your deposit back even though I accept what you say that as this is a very popular location, he would have a very little problem in reletting. If he doesn’t relet, and there are no cancellation provisions in the contract other than to say (as it does) you lose everything, then you would be liable for the cost of the booking less cleaning costs et cetera. They would not be able to enforce the full value because you haven’t used the service!
You are responsible for the owner’s loss of profit not the actual cost of the booking because there has been nowhere and tear and no necessity to clean it afterwards.
If he sues you in the Small Claims Court for the extra cost, he is a private individual and so you and hence, the proceedings will be transferred to your local court which may not be particularly convenient for him.
The owner is correct that anything beyond the terms and conditions not outlined in the booking process are at her discretion but nonetheless, do have to be reasonable.
Under the Consumer Rights Act and the previous Distance Selling Regulations you had a statutory right to cancel within formally 7 days and under the later legislation now, 14 days but that doesn’t apply to accommodation. You are probably past that timescale for cancelling anyway.
If you take her to the Small Claims Court to get your deposit back, there is a good chance(subject to what I’m going to say in the following paragraph) that you would not succeed and it would be transferred to the owners local court because you are both private individuals. It would be different if the owner was a company in business of letting out this kind of accommodation in which case, you could ask for it to remain in your home court.
The owner not allowing entry unless you are present is completely unreasonable and it’s unlikely that if as a result of her saying that, you did not go, purely because you were unable, it’s likely that your claim to get the deposit back succeed.
I agree with you, you did make a mistake but the owner is being completely unreasonable in insisting that you attend personally. As I said in my previous reply, suppose you were ill? It might be worthwhile asking the question.
There is nothing in the terms and conditions which assists hinders you except to say that clause 6 says that you are bound by the the accommodation owners cancellation conditions it says that the cancellation/no-show policy is shown on the accommodation owners page of this website and also on the confirmation email. However, as you are aware, there is nothing on the cancellation other than to say that if cancelled modified or in the case of no-show, the total price of the reservation will be charged.
Personally, if the owner is being so obstructive, I would make sure that I had it in writing that no one else can go unless you are present, and then, I would let the matter go to the Small Claims Court.
You might want to wait until the owner sues you for the balance because then you will be defendant and it will be in your home court and then counterclaim for the deposit. That’s what I would do.
One afterthought, this provision whereby the full Contract cost is payable even if you cancelled it 12 months previously, and even if the property gets relet, is probably void under the Unfair Terms in Consumer regulations because quite clearly it is unfair and hence unenforceable.
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