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JimLawyer
JimLawyer, Solicitor
Category: European Law
Satisfied Customers: 6561
Experience:  Senior Associate Solicitor
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We signed a contract on 12/9/19 whilst onholiday in

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We signed a contract on 12/9/19 whilst onholiday in Carvoiero to purchase 2 weeks accommodation for a 3 year period, along with maintenance charges for the relevant period.
JA: What state are you in? It matters because laws vary by location.
Customer: UK
JA: Has anything been filed or reported?
Customer: We have requested that the contract be cancelled - written request sent by recorded delivery on 16/9/19.Based on this wording in the contract-"the second party can resolve the present contract without explanation or penalties by registered letter mailed within 10 days the signing of this contract.In this case does resolve mean we have the right to cancel and is that what we have done?
JA: Anything else you want the Expert to know before I connect you?
Customer: I don't think so

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

Yes, I interpret that clause as you (the second party) can back out without a penalty as long as you send a letter to them within 10 calendar days. However, under EU law, you actually have 14 days to cancel. See link:

https://europa.eu/youreurope/citizens/consumers/shopping/contract-information/index_en.htm

I hope this answers your question – if so could you please click 5 stars at the top of your screen, that will give me a rating on the site and I can answer any follow up questions at no extra charge.

Many thanks,

Jim

Customer: replied 2 months ago.
I have tracked my recorded delivery letter and it has left the UK but there is no information as to its progress in Portugal.But the relevant point is that it was sent within 10 days - is that right?

Yes, that's correct. If you have proof then you can email it to them and say that you have complied with their cancellation term. Plus, the EU law just states you have to let them know you want to cancel - nothing about sending a registered letter, so you should also email them today.

I hope I have answered the question for you. If so could you kindly rate the answer (5 stars at the top of your screen). It won’t cost extra to give the rating and I will be credited for helping you. I can answer follow up questions at no extra charge.

Many thanks,

Jim

JimLawyer and other European Law Specialists are ready to help you
Customer: replied 2 months ago.
I also emailed as you suggested in your reply of 22/9.In fact I sent 2 emails, one to sales and one to Customer service.
I have not had a response to either email.
The cancellation is still in the postal system in Portugal and there is no tracking information there.As already stated I do have proof of posting from the post office.
Do I need to be patient or is there something I should be doing?
Thanks

I am sure you will received a response, I would just wait for a few more days and we can revisit the issue then if you still don't hear back.