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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 62629
Experience:  Qualified Solicitor
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Pearl. Gwersyllt wrexham, I have sent emails to homeaway as

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pearl.
JA: Where is this? It matters because laws vary by location.
Customer: Gwersyllt wrexham
JA: What steps have been taken so far?
Customer: I have sent emails to homeaway as there agent and they have totally ignored me, they advised that the apartnment was 15 mins from the beach but it was actually 50 mins,. my husband had an operation we went away and we spent over 100.00 on taxis. we did not enjoy the holiday at all, I asked them was the place hilly they didn't reply.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: They are not abta registration , Can I seek compensation from the, the owner me 50.00 but I didn't receive this for my trouble, she basically lied to me. but 50.00 is an insult

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 17 days ago.
hello ben
Customer: replied 17 days ago.
no thank you can you please provide me with information I have paid 5.00
Customer: replied 17 days ago.
ben are you still there

Hi there. when did you book the accommodation, and when did you actually stay there?

Customer: replied 17 days ago.
hi I booked the accommodation through homeaway they are not registered with abta . I was there from 17th to 27th December 19
Customer: replied 17 days ago.
I booked the accommodation august time

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 17 days ago.
ok thank you. I will come out of this page and wait your response
thank you

Can I just check that the property was in the UK or if not, where was it? ALso where is the owner based?

Customer: replied 17 days ago.
Hi the property is based in Los cristianos Tenerife that is where the owner lives but I paid my money to homeaway they are based in the UK. Thanks

Ok thanks. The main issue is that Homeaway are not party to any contract you had with the property owner and that is specifically stated in their terms. All they serve as is an online venue for people to advertise their properties, but they are not liable to ensure the accuracy of the listings. It is the same as ebay – you cannot hold ebay liable if someone decided to describe an item for sale incorrectly.

 

So your rights will solely be against the property owner as they are the ones who supplied the details of the property which were incorrect. The issue is they are in the Canaries and you are in the UK and you cannot easily use the UK courts for this.

 

The only realistic option, apart from reaching an agreement with them, is to use the European small claims court to try and make a claim:

 

https://e-justice.europa.eu/content_small_claims-42-en.do

 

Does this answer your query?

Customer: replied 17 days ago.
Thanks for this. I see what you mean. I font know her address but could I use the address which I stayed at. Is it expensive to use the European courts. Thanks

Not that expensive, it depends on the value of the claim and the country but I cannot advise on that as it is not UK law. But you still risk losing that money if nothing comes out of it or you lose so be prepared to do that if you wanted to go ahead

Customer: replied 17 days ago.
Apartment cost 750.00 or round about that. We spent 120.00 in taxis. What I am so upset about is that my husband was met to relax after his kidney operation but he didn't. She shouldn't be doing this to people. Thanks

I fully agree with that but all I can say is that there are options for you to challenge her if needed, the next step is down to you though

Customer: replied 17 days ago.
I think I will try thank you again. Ben. To get the papers for the European Court. Is this something I can do online. Thanks Carolyn.

yes the process is mainly done online

Customer: replied 17 days ago.
Thank you again

Most welcome

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