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Old 11 Sep 17, 08:32 PM  
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#31
Quietman
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Name and shame

Originally Posted by DJStu89 View Post
As some of you may have seen the villa we were due to stay at has been damaged by Irma meaning that it is no longer suitable for habitation.

I've asked the villa owner for our money back. They have told me that I need to claim from my insurance company. I don't think this is correct.

Surely it is up to the owner to refund our money and then they can claim from their insurance for loss of income due to the storm damage?

The service which we have paid for now cannot be delivered by the owner. Surely they are responsible?

Your thoughts?
Think you should name and shame the villa owner. Might make people think twice before booking with them. I would say he is wrong and should pay your money back.
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Old 11 Sep 17, 08:42 PM  
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#32
Thorpy
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In the unlikely event that due to circumstances beyond our control, we need to make changes to or cancel any bookings at any time, we will inform you as soon as possible. We reserve the right to cancel any bookings at any time, and will only be held liable to refund monies already paid by you the client (including the Security Deposit)

This would suggest to me that it limits the liability the owner has against any "it ruined my holiday, please compensate me" claims, or to put it another way, you can have your money back, but that's it.

The owners and their agents accept no responsibility or liability for any loss or damage or alterations to the terms of this booking caused by events beyond the owners control including, but not restricted to, war, civil commotion, flight delays or cancellations, technical difficulties with transportation, alteration or cancellation of schedules by carriers, adverse weather conditions, fire, flood, industrial dispute or any other event beyond our control.

Whereas this one, would appear to be saying we accept no responsibility for any losses that are beyond our control. If the lack of availability of the villa is beyond their control...then that's not their problem, but yours.

As a customer, the first ones are preferable... that said I'm not a lawyer!
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Old 11 Sep 17, 08:50 PM  
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Scully
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15. In the unlikely event that circumstances beyond our control necessitate the cancellation of the holiday arrangements, the owners reserve the right to cancel the booking at any time and will only be liable to refund monies paid by the client without interest or compensation.
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Old 11 Sep 17, 08:50 PM  
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#34
diddyskipper
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I'm no legal expert either, but

In the unlikely event that due to circumstances beyond our control, we need to make changes to or cancel any bookings at any time, we will inform you as soon as possible. We reserve the right to cancel any bookings at any time, and will only be held liable to refund monies already paid by you the client (including the Security Deposit)

doesn't say to me that it's preventing claims against "it ruined my holiday", but more likely to be "we'll give you your money back, and no more", as in if it then costs you £500 more to secure alternative accommodation we aren't paying for that.

In all honesty Force Majeure seems to be a legal ambiguity. What is the difference in refunding due to "circumstances out of our control", and not refunding due to "Force Majeure"? It's all out of your control, a burst pipe is out of anyone's control, as much as a hurricane.
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Old 11 Sep 17, 10:01 PM  
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#35
myvot
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I would name and shame. I totally feel for you.

The villa owners I am renting from couldn't be any kinder. I originally booked the villa for April but my mum died 2 days before I was due to fly out. I emailed them to let them know I wouldn't be arriving (obviously not expecting any money back at all). The owner contacted me and said I could have her villa in September for no cost.

I fly out on Friday and the villa owner I am renting from contacted me straight away to say the villa has no damage other than the pool screen which will be fixed before I arrive.

I've not even seem the villa yet but would highly recommend The Palms - Southern Dunes.
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Old 11 Sep 17, 10:23 PM  
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#36
Thorpy
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Originally Posted by diddyskipper View Post
I'm no legal expert either, but

In the unlikely event that due to circumstances beyond our control, we need to make changes to or cancel any bookings at any time, we will inform you as soon as possible. We reserve the right to cancel any bookings at any time, and will only be held liable to refund monies already paid by you the client (including the Security Deposit)

doesn't say to me that it's preventing claims against "it ruined my holiday", but more likely to be "we'll give you your money back, and no more", as in if it then costs you £500 more to secure alternative accommodation we aren't paying for that.
I'd say it prevents both !


Originally Posted by diddyskipper View Post
In all honesty Force Majeure seems to be a legal ambiguity. What is the difference in refunding due to "circumstances out of our control", and not refunding due to "Force Majeure"? It's all out of your control, a burst pipe is out of anyone's control, as much as a hurricane.
a burst pipe could be argued is somewhat controllable if well maintained and inspected. Similarly the ability to ride out a storm will be somewhat dependent on preventative measures taken. Maybe that's where the ambiguity comes from what's reasonable, and what's beyond reasonable.
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Old 11 Sep 17, 11:00 PM  
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walt4it
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To OP you are due a refund - end of.

NO need for any of your insurance to come into this. Hope you get sorted.
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Old 12 Sep 17, 09:26 AM  
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unidentified
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You are due a refund...
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Old 12 Sep 17, 10:09 AM  
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amandajane10
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They should deff refund you.
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Old 12 Sep 17, 11:30 AM  
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#40
alvin_purple
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Originally Posted by kcanderson View Post
Whilst im in your corner and think you should get full refund it could be a case of ,Force majeure , adverse weather conditions outside their control
I still have a copy of my last rental agreement (Mickeys Cove in Emerald Isle). The Force Majeure section said the villa owner would refund any money paid but would not be eligible for any other costs.

So you'd get your rental money back but can't hit the villa owner for any extra costs for more expensive accommodation.
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