Villa owners not refunding money?

[YorkshireT]

Originally Posted by EssexSue

As an owner I talk to a lot of other owners so I'm not just talking about on here. And a booking deposit works both ways, we have accepted bookings then had others try to book which would be more advantageous to us but we always honour the first person to pay their deposit. Contracts work both ways and I'm sure most people would not like to get their deposit returned because someone else is offering a longer booking, less people or any one of the many other possibilities.
There are a lot of homes going up for sale, amazingly it's a seller's market, in fact we have received a letter today from a realtor asking to market our home. We do not want or need to sell but I can understand why so many will.

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I have sympathy but dumping someone because of a better offer is in no way the same as this situation. In this situation the contract is frustrated. Parliament put in place legislation for this scenario that says the customer can get their money back and it’s the business not the customer that has to take it on the chin - the price of doing business if you like.
Covid was not foreseeable- which is the point and why contracts were legally frustrated.
What owners now have to do now is get their contracts in order so they are protected in future for any further pandemics including making sure terms pass muster with the CPA.
This is UK law though I’m not sure about contracts under US law.
Even in UK law a renter may be able to keep some expense money, but it’s going to have to be demonstrated to a judge and be reasonable and found to be ‘just’ to keep.
The person above, they’ve had all their money taken which is awful.

[Guest]

I had the same with a dibb villa. They broke their own t and cs , wouldnt give an answer about being legally allowed to rent the villa out due to Florida law , finally got the money back through insurance but was about to go to small claims court, very shady behavior. I will not rent privately again, if you cant trust an owners t and cs whats the point in having them.

[Pussycat Doll]

Originally Posted by victorbertram

finally got the money back through insurance but was about to go to small claims court, very shady behavior. I will not rent privately again, if you cant trust an owners t and cs whats the point in having them.

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But surely that’s why you took insurance out? So if things all went wrong you could make a claim🤷

[Moorlandman]

Originally Posted by Pussycat Doll

But surely that’s why you took insurance out? So if things all went wrong you could make a claim🤷

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Insurance company will tell you to claim from the supplier first

[Mickey 91]

Our insurance said they won’t pay out as it’s a pandemic 🙁

[Guest]

Originally Posted by YorkshireT

If it was in the UK with a UK contract, issue small claims against them saying the contract was frustrated, quote the Law Reform (Frustrated Contracts Act) 1943, and if there were any terms they say allow them to keep the money say in your claim that these were unfair under the Consumer Protection Act. You’ll have a great chance of a judge taking a very grim view of this behaviour and giving you all your money back. You can file a claim on money claim online.
My posts are not to be assumed to be legal advice and are just my own musings on a forum- always consider taking your own legal advice.

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I am not convinced that this is a frustrated contract. The villa renter has agreed to pay rent for exclusive use of the villa for some particular dates. They are not house sitting the villa, agreeing to water the plants or walk the dogs. If they were contractually bound to go to the villa then it could be a frustration of contract, but this is not the case, they could pay the rent and then decide not to go.

I also do not believe that any force majeur clause would assist the renter for similar reasons. Force majeur removes liability in case of natural catastrophes. The villa renters only contractual liability is to pay the rental amount, they are not contracted to physically be in the villa and therefore again, the current world situation is not preventing the only contractual obligation on the part of the renter, which is to pay rent.

On the other hand if Orlando mandated that all villa rentals should cease because of covid, then the villa owner might be able to absolve themselves of any liability (e.g. provision of alternative accommodation) because of a force majeur clause.

I personally will never rent a villa directly because of the potential for something to go wrong such as with OP. But equally, I do not think they villa owner has done anything wrong, so long as they abide by the T&C of the booking. I think it is up to the villa owner to make a judgement on what flexibility they can grant. But really it is an insurance job.

[Jagnew]

Originally Posted by Mickey 91

Our insurance said they won’t pay out as it’s a pandemic 🙁

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Think it all comes down to when you booked. Ours said they will cover us because we booked last year

[cornishfrogboy]

I have always believed that there is an oversupply of beautiful, spacious and well equipped villas in the Orlando area. My reasoning is..

1. Even at 3 weeks notice last Easter School Hols when I had an owner sell up before my dates, I had lots of choice in the Kissimmee Davenport area for a very late booking (Holidaylettings.co.uk were brilliant in doing plenty of the research for me).
2. Despite Orlando being the no1 tourist destination for families, arguably in the World, I have always had a glut of choice and at superb value. Try booking on any Coast in the States for comparison.
3. I have had several friends over the years invest in Orlando Villas (Including one who cleaned up 125k on who wants to be a millionaire). All have now sold up and got out. They say that it is very difficult to make a profit due to the occupancy/price charged conundrum, taxes, maintenance fees such as pool cleaning, turnarounds and upkeep, even if you own it. If there is a mortgage, then it becomes harder still.

Out of Disney hotels and suites are also in abundance, are a very good alternative to a villa. They clearly offer better security to your money in the event of cancellation. We have had great stays in Staybridge and LBV Village resort & Spa.

Whilst I have no doubt that most Villa owners are smashing, honest and decent people, those who are being unreasonable or unfair in negotiating refunds may undermine the greater whole by eroding confidence in the private villa rental market. This may drive people towards Hotel Suites as the safer alternative and create further (imho) oversupply of Villas and a spiral of under occupancy, needs to reduce rates to attract and therefore slimmer operating margins for those owners.

I sincerely hope that this is not the case as I have had the privilege of staying in some amazing Private Villas, with exceptional owners. I will maintain my own preference for Villas over suites.

[Susan Coleman]

Originally Posted by Moorlandman

Insurance company will tell you to claim from the supplier first

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They may do...but then ask for proof of refusal, and evidence of why ..situation and T&C's
Then they pay out
All my guests have claimed and been refunded in full ...after excess..highest 400 excess 400 pounds
You have to be careful to show correct dates of payment
Maybe some of you should change your insurance co for next time you book ..read exclusions carefully
Good luck to all who are still in pursuit of a claim

[married2mm]

Originally Posted by Mickey 91

Our insurance said they won’t pay out as it’s a pandemic 🙁

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That’s the same as us. 😞
No monies given.

There were all kinds of bizarre reasons given we could have been paid out upon-but none relating to a worldwide pandemic.

The most ironic reason was if a close family member was ill and we didn’t wish to travel (my mum is very poorly) but we would have still gone at her insistence.


As Sue says-Our choice of insurance company was our selection (chosen for health issues; didn’t cross my mind to look at pandemic restrictions&#128523
We signed up to villa t& cs
We signed up to insurance t&cs

Will be extra vigilant with all holiday bookings/insurance/car hire etc in the future.