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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.
Hi there. when did you book the accommodation, and when did you actually stay there?
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.
Can I just check that the property was in the UK or if not, where was it? ALso where is the owner based?
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:
Does this answer your query?
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
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
yes the process is mainly done online