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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11757
Experience:  30 years as a practising solicitor.
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I've booked a holiday cottage Sept 2015 in the Pitlochry

Resolved Question:

I've booked a holiday cottage for 8th Sept 2015 in the Pitlochry area and the owners have cancelled the booking although a deposit has been paid through Pay Pal to the Agents. There is a big event on in the area at that time and the Agents are unable to accommodate the whole party of six together and have offered alternative accommodation in two properties which means that the part of six will be split in different places. Can we do anything to ensure that we get the accommodation we booked. The owners have quoted 'unforeseen circumstances' as the reason
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
You can't, under Scots law, force the booking to go ahead. You can, however, request them to honour the booking and, if they refuse to do so, claim damages for inconvenience, loss of enjoyment and any additional cost in securing alternative suitable accommodation.
That answer assumes:
1. There is a contract. In other words an unconditional offer and acceptance whether made online or otherwise. Payment of a deposit is indicative of a contract but I haven't seen any documentation.
2. There are no terms and conditions in the contract that would allow the owners to cancel in the way that they have done.
I hope this helps. Please leave a positive response so that I am credited for my time.
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