We had booked a holiday cottage in Middleton in Teesdale for Easter week many months ago through a well know cottage booking company.
The deposit and full payment had been paid well in advance. Any cancellation by us would have to be at least 6 weeks prior and after that there would be no refunds.
Yesterday Mrs FC received a call from the booking agency informing us that the holiday was now cancelled due to the fact that the property has been sold. That's 2 weeks notice.
Mrs FC was able to contact the owner directly and she confirmed that the property was sold and the new owners wanted to be in for Easter.
Now forgive my cynicism but a 2 week window to cancel a booking because the purchasers are pressing them does not stack up.
I've not been able to find the property on the market. As we all know conveyancing takes time and if the owner was intending to sell the property then they would be aware of potential timescales and even a quick sale would be able to arrange a suitable completion date based around bookings and cancel well in advance.
Issue now is that its Easter week and there is little accommodation available in the area we want. Family have taken holiday from work and Mrs FC is supposed to be doing the Blaydon Races in Newcastle. All in all its a complete cluster****.
Said booking agency has stated that they will waive an alternative booking fee. Thats real gracious of them.
There is the possibility of course that we've been gazumped.
Anyway Mrs FC is not happy. Well none of us are really and at this point we intend taking the matter further.
Terms and Conditions protect the booking agents but there seems to be a clause whereby the owner could be liable for compensation.
2.10 Unavailability of the Holiday Period. We may also, acting on behalf of the Owner, have the right to cancel a Booking even after we have sent you the Booking Confirmation, where the Owner notifies us that the Property is unavailable for your intended Holiday Period (and this is not due to an Unexpected Event (when clause 13.1 applies) or for one of the reasons referred to in clause 12 (when clause 12 applies)). If this occurs, the Owner shall refund you: (i) the Rental Charges that you have already paid for the Booking; (ii) the amount equivalent to the Booking Fee; (iii) the XXXXX Other Services Charges and the Third Party Other Services Charges that you have already paid for the Booking; and (iv) any other compensation that may be due to you (other than any low deposit charge you have made directly to us). In these circumstances, and sometimes in other circumstances too, the Owner may be liable to pay us certain cancellation changes for failure to make the Property available for your Holiday Period, but this does not concern you, and you have no responsibility for such charges which are a matter between the Owner and us.
Not necessarily looking at legal advice as such but has anyone or knows someone who has been in similar circumstances and achieved a satisfactory outcome.
At the very least we would be looking at covering reasonable additional costs. The owner seems to have totally disregarded the impact on customers. It wouldn't have been difficult to manage in advance and show some consideration.
Last edited by: Fullchat on Fri 24 Mar 23 at 13:32
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