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Old 11 Sep 17, 06:24 PM  
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DJStu89
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Mobile Villa Damaged - Refund?

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?
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Old 11 Sep 17, 06:28 PM  
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RachaelC
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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?
I agree with you - they can't fulfil the contract if you can't stay there so you're not getting what you paid for.
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Old 11 Sep 17, 06:28 PM  
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spenners
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What do their terms and conditions say?
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Old 11 Sep 17, 06:30 PM  
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DJStu89
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Originally Posted by spenners View Post
What do their terms and conditions say?
No mention of what happens if they cancel, only if I cancel.

They have had to cancel due to the property being damaged.
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Old 11 Sep 17, 06:30 PM  
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sam7
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I agree with you, they should refund as they are no longer able to provide what they promised, the loss of earning along with the repair costs they should recover from their insurance company. Hope you get it all sorted and have a great holiday
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Old 11 Sep 17, 06:33 PM  
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nordictat2girl
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Does your contract not have a section about refund or canceling?
Every villa we have rented mentions these things in the terms.
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Old 11 Sep 17, 06:33 PM  
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Check the small print of the contract you signed. That should state who is liable if the contract is not fulfilled. How did you pay? That will affect whether you can get your money back. If a credit card you might be able to get a charge back.If not then I would consult with your insurance. You can guarantee the villa owners will be claiming for the damage on their insurance,

Edited at 06:40 PM.
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Old 11 Sep 17, 06:35 PM  
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Mr Tom Morrow
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I sit in the same camp as Geoff on this one.
Have little doubt that if you do claim through your Insurance that behind the scenes they will pursue the villa owner to get their money back.

Best of luck.
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Old 11 Sep 17, 06:36 PM  
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ELLENUT
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That's shocking. I believe you are entitled to a refund if its them that is cancelling and they should be claiming on their insurance. I would also check if they have a management company to see if their villa is actually damaged. Hoping they are not taking advantage of the situation. If you paid any of it on a CC then contact them as they will get involved.

After thought...If need be ,I would also let them know that you will still be coming on holiday and staying nearby and will need to drop by to gather evidence.
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Edited at 06:46 PM.
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Old 11 Sep 17, 06:40 PM  
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Tricky one. My opinion as an ex Cape Coral vacation rental owner, I would refund you in full, laying a claim at my insurers door, which I did when a water pipe develop a pin hole leak. Whilst the insurance didn't pay for the water damage, they did for loss of income.
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