Notices

Reply
 
Thread Tools Search this Thread Display Modes
Old 12 Sep 17, 12:17 PM  
Link to this Post
#41
Guest
Guest
 
Of course the OP is due a full refund of all monies paid.

The villa belongs to, and is insured by, the owner. Any damage caused to the villa will be covered by their insurance and they need to claim, not the OP. The OP 's insurance covers them... not some third party property! Force Majeure doesn't come into it.

As the OP says they booked direct.

Do they owners use a MC?

I'd make them very much aware that you will still be in Orlando on said dates, andunless your refund is in your Bank prior to you leaving the UK then you will visit the property, find out if anyone is using i.e. renting it and will take photos and video footage to present when you take them to Small Claims Court on your return to the UK.

Don't name and shame though, that's not wise at all!

Edited at 12:18 PM.
Click to view Members Trip Plans Add Member to Ignore List
Old 12 Sep 17, 12:22 PM  
Link to this Post
#42
sprocket
Imagineer
 
sprocket's Avatar
 
Join Date: May 07
Anyone disagreeing with the OP should stop and think.
This is like buying a car and when you go to collect it, the seller says they have crashed it and are not going to refund you and tells you to claim on your insurance.

Sounds to me like the villa owner hasnt the right insurance and wants to keep your money. If you make a claim from your insurance, then your insurance company are going to want proof of payment and to know why you are claiming. When you tell them the owner has cancelled your stay, they will just tell you to go get a refund from him and I doubt they will want to know. If you think from the insurance point of view, you could be claiming from them and be claiming a refund from the owner.
Be a little more demanding from the villa owner as he must give you the refund.
__________________
Sept 2002 - Sheridan Vista, Sept 2007 - Polynesian
Aug 2008 - WL / GF Club, Sept 2014 - PO FQ
Aug 2015 - PO RS, Aug 2016 - PO RS
Aug 2017 - RPR & AKL, Oct 2019 - HRH & BC
Oct 2022 - RPR, Poly & AKL
sprocket is offline Boy Mouse Click to view Members Trip Plans Add Member to Ignore List
Old 12 Sep 17, 12:23 PM  
Link to this Post
#43
ROBBOTOO
Imagineer
 
Join Date: Mar 08
This thread has just made me check the booking conditions on the villa we use, and under the section on Force Majeure, ours says:

The property owner or agent shall be entitled to cancel the booking if the owner or agent is prevented or hindered from carrying out the obligations agreed to herein, and in such event will refund to the client any deposit or monies paid unless the owners can provide alternative accommodation similar to and of a standard equal or higher than that booked.

I totally think the owner of the original villa booked by the OP should be refunding all the money. The OP isn't cancelling the contract, the villa owner is.
ROBBOTOO is online now Girl Mouse Click to view Members Trip Plans Add Member to Ignore List
Old 12 Sep 17, 12:31 PM  
Link to this Post
#44
diddyskipper
Earning More Ears
 
Join Date: Jul 15
The OP hasn't been back to advise, but I think how he proceeds next is going to depend on where the villa owner resides.

I have booked direct with a villa owner, they are UK based and the contract states that the laws of England & Wales apply. Not sure the OP can go through our small claims court if the villa owner isn't a UK citizen and resident.

I also think how the monies was paid is relevant. If via PayPal then a dispute can be raised via them initially, however if direct via bank transfer it will be harder.
diddyskipper is offline Girl Mouse Click to view Members Trip Plans Add Member to Ignore List
Old 12 Sep 17, 12:35 PM  
Link to this Post
#45
Ridersmom
Imagineer
 
Join Date: Apr 06
I've been following this out of curiosity because I've never heard of such a thing and have no idea where the villa owner gets the idea he can cancel and not refund.

I had a couple of thoughts, just ideas to think about.

1. If the pool screening cage and pool are damaged, that doesn't make the house inhabitable-less expensive as a rental, maybe, but I am sure if this were a residence, the owners would not be moving out until it was repaired. It sounds almost like an excuse not to rent.

2. My guess is your deposit and rental payment is long gone (spent). I am not familiar with Florida but I know in Massachusetts, these funds are to be put in an account and withdrawn only after the rental is over. check with the Florida Attorney General Consumer Protection BUrteau. The probably have both a website and email.

3. I would stop by the house when you are in Florida. My gut says the house is being used-perhaps even by someone who lost their own housing in the storm.

4. I would also contact the website/real estate what ever that assists in the rental.

And really contact the Attorney General. If there is a more local agency, they can point you in the right direction.

What happened to you is not only unfair, it may be fraud. So sorry you are having to do all of this.

Edited at 02:14 PM.
Ridersmom is offline Girl Mouse Click to view Members Trip Plans Add Member to Ignore List
Old 12 Sep 17, 12:52 PM  
Link to this Post
#46
ROBBOTOO
Imagineer
 
Join Date: Mar 08
From the OP other thread it says the villa owners (who are based in the UK) are staying there now. Perhaps with the flight disruptions they haven't been able to secure a flight back before the OP was due to arrive now tomorrow or have even extended their own stay and are using "damage to the property" as an excuse to cancel and remain in their villa until they depart.

I certainly wouldn't be claiming on my travel insurance if the owner cancelled.
ROBBOTOO is online now Girl Mouse Click to view Members Trip Plans Add Member to Ignore List
Old 12 Sep 17, 12:55 PM  
Link to this Post
#47
Guest
Guest
 
Originally Posted by diddyskipper View Post
The OP hasn't been back to advise, but I think how he proceeds next is going to depend on where the villa owner resides.

I have booked direct with a villa owner, they are UK based and the contract states that the laws of England & Wales apply. Not sure the OP can go through our small claims court if the villa owner isn't a UK citizen and resident.

I also think how the monies was paid is relevant. If via PayPal then a dispute can be raised via them initially, however if direct via bank transfer it will be harder.
The owner of the villa lives in Liverpool, apparently... so unless they do the right thing and cough up, then Small Claims it is then.

Despicable and underhanded of them.
Click to view Members Trip Plans Add Member to Ignore List
Old 12 Sep 17, 05:13 PM  
Link to this Post
#48
BnDamo
Imagineer
 
Join Date: Apr 04
Location: Staffordshire

BnDamo's Reviews
Restaurant Reviews: 3

theDIBB Guidebook
Pages Created: 1
Guidebook Photos: 12
This is ours applying to hurricanes etc..
18 .Force Majeure as with any other holiday, there are circumstances completely beyond our control, in which the property may not be available for your booking. In cases of ‘force majeure”,including but not limited to acts of God, war or the threat of war, terrorist activities, industrial disputes, fire, flood, adverse weather (including hurricanes), and failure of utility supplies such as water or electricity or if the villa is sold the owner reserves the right to terminate the booking at any time, including during the duration of the rental. In such a situation the owner will not be liable for any refund, compensation or reimbursement of expenses incurred by the guest. Any ongoing bookings will be passed to the new owner after renters are given the opportunity to receive a refund for any monies paid and to book elsewhere.Such circumstances are referred to as “Force Majuere”. In the event of “Force Majeure” the owners will do their best to make alternative arrangements for you where possible. If they cannot or if the alternative arrangements are unacceptable to you, then they will refund all monies paid to them. This will be the full extent of the owner’s liability in such circumstances and the owners cannot be responsible for any other costs connected with any such cancellation, however arising.
BnDamo is offline Click to view Members Trip Plans Add Member to Ignore List
Old 12 Sep 17, 06:06 PM  
Link to this Post
#49
DJStu89
Thread Starter
A Guest at All-Stars
 
Join Date: Aug 17
Mobile

Update from the villa owner today.

They have sent me some pictures of the damage and the entire pool screen has been badly damaged. Not just the netting blown out, but the actual frame has buckled. Apparently that makes the pool area unsafe to be in and the villa therefor not rentable.

The owner has now asked for my bank details to forward onto their own insurance company who are apparently going to refund me directly. I'm not convinced that will happen though.

If also asked them to refund the security deposit directly to me and they have said that they can't access their UK bank account from the USA. They have offered to meet with me in Orlando to refund the security deposit in cash, but said I need to bring a receipt.

The most concerning thing out of all of this though is they have asked me to send them a copy of my original booking form with all the booking details on it. Surely they should have this themselves!?

I think the owners are not really very organised, professional or clued up with the business of holiday rentals. I don't think there is any deliberate fraud on their part, I think they're just a bit cofused by the appropriate process to follow. Rest assured I will not be booking from them again. I'm hopeful that they will be guided by their insurance company and pay my refund to me quickly. If not, I have no issue with going through the courts. As a police officer, it's an area I have a fair bit of experience in!

The good news though is the replacement villa we have booked is actually in a better location, has a slightly bigger pool and the owner has been superb at organising our stay at such short notice. She really has bent over backwards to make the whole booking procedure as easy as possible. So I am relieved that there are some decent owners out there!
DJStu89 is offline Boy Mouse Click to view Members Trip Plans Add Member to Ignore List
Old 12 Sep 17, 06:10 PM  
Link to this Post
#50
Dannykrisztene
Proud to wear my Ears
 
Join Date: May 12

Dannykrisztene's Reviews
Restaurant Reviews: 4
Morgan and Morgan.com
They got a healthy refund of my sister in laws villa rental because the villa was shabby. Contact them direct and see what they say.
Dannykrisztene is offline Boy Mouse Click to view Members Trip Plans Add Member to Ignore List
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Forum Jump


All times are GMT +1. The time now is 08:12 AM.


Powered by vBulletin - Copyright © 2000 - 2024, Jelsoft Enterprises Ltd.
DIBB Savings
AttractionTickets.com

Get £10 off each Disney Ticket with the code ATDIBB10

Get up to £50 off per room at Disney or Universal with the code DIBBHOTELS


theDIBB Blog
Aquatica Orlando announce the grand opening of its newest attraction, Tassie’s Underwater Twist, on 15... Read More »
Starting April 5, 2024, at Walt Disney World Resort, Disneyland Resort and Disneyland Paris, the... Read More »
With spring breezes already gently blowing across Walt Disney World, it is time to welcome... Read More »


theDIBB Menu


Exchange Rates
US Dollar Rates
ASDA  $1.2469
CaxtonFX  $1.2392
Covent Garden FX  $1.2567
FAIRFX  $1.2483
John Lewis  $1.2497
M&S  $1.2288
Sainsburys  $1.2449
TESCO  $1.2464
Travelex  $1.2475
Updated: 07:00 19/03/2024
Euro Rates
ASDA  €1.1455
CaxtonFX  €1.1403
Covent Garden FX  €1.1561
FAIRFX  €1.1448
John Lewis  €1.1470
M&S  €1.1282
Sainsburys  €1.1438
TESCO  €1.1443
Travelex  €1.1450
Updated: 07:00 19/03/2024

DIBB Premium Membership
Did you know you can help support theDIBB with Premium Membership?

Check out this link for more information and benefits, such as...

"No adverts on theDIBB Forums"

Upgrade Now



X