Cancellation of French holiday cottage?

Question

I recently booked a holiday cottage in France for 5 nights. The owner sent me a booking form which I duly filled in and returned via email. Although the booking form stated a 30% deposit must be paid, the owner never demanded a deposit. One week before the holiday I queried the owner as to whether a deposit should be paid. The response was inconclusive and only email directions to the cottage location were returned. Around 30 hours before our due arrival date, our child became ill and it became obvious to us that we would be unable to travel to the holiday cottage. I immediatley contacted the owner by phone and explained the situation and that given the circumstances we would have to cancel. The phone was not answered and there then followed an exchange of text msgs, explaining that we would still have to pay the ful amount and that the owner would call the following day, however, no such call was received. The following week I received an email invoice for the full amount which I am now reluctant to pay. My reasons for non payment are that I offered to pay a deposit but this was not taken up by the owner and that consequently, IM not sure that IM contractually obliged to pay. This is also an issue between French and UK law and IM not sure whether potential debts incurred in France could be recovered under UK law. I fully understand that the owners, who depend on income from summer holiday makers, could loose out. Hovever, it is their responsibility to take deposits and in anycase, for all I know the cottage may well have been let to someone else.
All info welcome on how to resolve this issue.

Answer 1

You should look at the copy of the contract you signed. Usually there is a sliding scale for that kind of rental. If you cancel more than 30 days you don't have to pay, more than X days you lose the deposit, but usually less than five days before you have to pay the full price. There's some instances where you don't have to, if you broke your leg, etc but these are stated on the contract.

The owner will probably not find anyone at such short notice and will lose the five days, by law he is entitled to the whole amount. He might have made the mistake to trust that there would be no problem with this rent but is that a reason to stiff him?

Answer 2

You're trying to welch because the owner didn't take the deposit? Whether or not he took the deposit you're bound by the terms of the LEGALLY BINDING CONTRACT that you signed. Your total payment is the same whether you paid the deposit or not. You say that you booked the cottage recently. In short term bookings it's usual for the full amount to be paid if you book within 6 or 8 weeks.

It's not the owner's fault that you didn't take out cancellation insurance. You owe him the money. The contract is binding whether you look at English or French law.

Your reason for not paying is invalid. Whether or not the cottage has been relet is irrelevant. You signed a contract saying you'd pay the fill amount if you cancelled within a certain time. You cancelled inside 2 days, so you owe the full amount.

You could sit back and see if he pursues you for the money. If he does you'll have to pay his legal costs as well.

Answer 3

I am afraid that you are legally bound to pay the full amount as you cancelled so near your arrival date. You signed a contract that binds you by law. The fact that you were not asked to pay a deposit is irrelevant. Even if you had paid a deposit, you would have to pay the difference. Your reasons for non payment are absolutely invalid. These people trusted you and you are rewarding their trust by seeking futile pretexts not to keep your side of the contract. The suggestion that that they hired the cottage to someone else is libel and an offence in itself. People do not roll out of the blue requesting to hire a cottage for five days.

Of course they will (not "might") lose out. To make these people suffer because of something that happened to you is unfair. They are not obliged to stand by their telephone all day either, by the way; the texts were quite clear and shifting the blame on them because you did not get a telephone call after the event is in bad faith. In any case a telephone call would have made no difference to the issue, which is why they sent an e-mail that made things absolutely clear.This is not a "potential" debt, it is a real debt .And yes, they can enforce it under European law, just like the UK police can roll up to one' s door demanding payment of speeding or parking fines that happened in France.



The terms for reserving a holiday let are absolutely clear both in the UK and in France. If you do not turn up on the date because something untoward you pay the full amount of the let. This happened to us in Alsace when some joy riders hit our vehicle. We were hurt. Our vehicle was written off and we could not reach the accommodation we had booked subsequently. We had paid deposits and were charged the difference, but since we had taken a holiday insurance the insurance company refunded us the whole . Didn't you take an insurance or are you not covered by the kind of bank or building society account you have?

Failing to pay will cause you a lot of hassle, lawyers fees etc.. not to mention put a black mark on your credit rating, if these people decide to persue the matter. It will also be detrimental to other Brits as the word will spread that they are bad payers and it will be just another black mark against British visitors.

Answer 4

I think that Cabal's answer is spot on and, if anything, your question points out the necessity to take out cancellation insurance - just in case something like what has happened to you should occur. I recently booked a week in Devon in a tent and paid a few pounds extra "just in case." It may be (I know this is just a slight possibility) that you have travel insurance through your bank account. Certainly if you have a Lloyds Bank Gold/Platinum Debit/Credit card you will have free travel insurance. (As I write this I realise that I didn't need to pay the amount mentioned above!!) I am sure that other banks have similar arrangements.

In my opinion. the owner of the cottage seems to have been uncooperative from what you say. If you signed a contract, even an on-line one, then you will be obliged to pay the whole amount if that was included in the terms and conditions.

Answer 5

pay the 30% deposit and 'put a pin in it'...