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11 Sep 17, 08:32 PM |
#31
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Earning My Ears
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Name and shame
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11 Sep 17, 08:42 PM |
#32
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Imagineer
Join Date: Nov 09
Location: Wigan
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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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11 Sep 17, 08:50 PM |
#33
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Apprentice Imagineer
Join Date: Jul 15
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Our T&C's say...
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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1996, 2003, 2013, 2014, 2015, 2016, 2017, 2018, 2022 |
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11 Sep 17, 08:50 PM |
#34
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Earning More Ears
Join Date: Jul 15
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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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11 Sep 17, 10:01 PM |
#35
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Excited about Disney
Join Date: Aug 08
Location: Glasgow
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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. |
11 Sep 17, 10:23 PM |
#36
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Imagineer
Join Date: Nov 09
Location: Wigan
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I'd say it prevents both !
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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Should I stay or should I go ! |
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11 Sep 17, 11:00 PM |
#37
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VIP Dibber
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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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I'm a Great British Mickey Waffle Podcast presenter. Hope you are a Listener Going out in a Blaze of Glory- Our Summer of Sorcery 2019 - COMPLETE! 4 Weeks, from The Yacht Club for 10 nights onto much more Florida fun too All of our previous Trip reports and escapades can be read here. |
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12 Sep 17, 09:26 AM |
#38
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Imagineer
Join Date: Apr 11
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You are due a refund...
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12 Sep 17, 10:09 AM |
#39
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Imagineer
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They should deff refund you.
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AKL, AMI, Luxury Villa April 2016 Villa Holiday/HRH/AKL May 2017 Villa Holiday/Clearwater March 2018 Villa Holiday May 2018 Planning Easter 2020 |
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12 Sep 17, 11:30 AM |
#40
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Very Serious Dibber
Join Date: Oct 08
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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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