Deposit Refunds?

[Cassis]

Succinctly put, Mr Chips.

[Miki]

Thank you Soz and have I wished you a jolly Happy New Year yet ? If not, take it as read my little merguez.

[JohnM]

I did a short business course about 15 years ago and (if I remember correctly) under English Law, the T&C which are exchanged last are the ones which apply. You may send out your T&C, but if I then write back enclosing my T&C and you do nothing, mine apply.

So, I guess that if you send your T&C with letter asking for a deposit and when I send it, one line of my acceptance letter says that you must return all of the deposit if I cancel, then you must quickly send something (letter / T&C) which states your current stance.

As usual, I am happy to be corrected if I am wrong, but in the mean time, be careful out there.

John

[Llwyncelyn]

JohnM as you say your t's and c's may apply but do not believe that this rule is cast in stone. It is known as 'who gets the first blow in' thus if a dispute arises it is likely that the Judge will rule that your t's and c's apply but other judges have ruled that there is no clear argument either way and thus the contract is frustrated.  Obviously this is taking the argument somewhat further and here I think common sense has quite rightly intervened.

[Coco]

[quote user="Susan"]I haven't had many cancellations, but one was a group who had booked all 3 gites and they had to cancel due to someone in the party being diagnosed with cancer and having to undergo treatment during the summer. I think it would have been difficult to refuse the refund of deposit in those circumstances, even if I've had the "no deposit refund" clause in my Ts and Cs.
[/quote]

That's a stricky one Susan and my response is "don't do as I do, do as I say"  Last summer we had an American couple book 5 nights in peak season in our B&B; I hadn't taken a deposit because it can cost both parties money to do bank transfers etc, I have got into the habit of asking my US and Ozzie guests to reconfirm their booking within 5-7 days of their intended arrival date.  So far this seems to have stopped the problem of "no-shows" I had in my first two seasons.  However, this couple reconfirmed 5 days before their due arrival date but then the day they were due t arrive I had an email to say that she had had a miscarriage and was being flown back to the States.  To be quite honest I didn't believe the story (couldn't quite see a woman who had just had a miscarriage bothering to go out in a foreign city and find an internet café to send such an email), but just in case there was the slightest chance that it was true (and being such a sensitive condition) I didn't chase them for the money - but I was 250€ out of pocket and under the circumstances, had they paid up front they would most certainly have been able to claim back under their travel insurance.

In the case of your three gite booking their travel insurance would certainly have covered the gite containing the ill person, I don't know whether they others would have been able to claim back or not - there again, you have to look at it from the stance that if the insurance company didn't feel the other two gites should be reimbursed why should you pay them back their deposit. It's tough - but you are in business and their misfortune shouldn't become yours and the circumstances led to you being a lot more financially worse off than them!

[JohnM]

Phew, at least I remembered some of the course. I think the main thing to remember that Terms and Conitions are not the sole "right" of the supplier. Users of services and Purchasers have as much right to say to suppliers that "these are the terms and condition under which I do business and YOU can take them or leave them".

John

 

[The Riff-Raff Element]

[quote user="JohnM"]

Phew, at least I remembered some of the course. I think the main thing to remember that Terms and Conitions are not the sole "right" of the supplier. Users of services and Purchasers have as much right to say to suppliers that "these are the terms and condition under which I do business and YOU can take them or leave them".

John

 

[/quote]

Absolutely my understanding too. Any variation from ours, however, and I am happy to say "tant pis" and hope we get another booking. Our T&C are highly reasonable ([:D]) and therefore only someone who was a trouble maker waiting to happen could ever want to change a single full stop...

[Chief]

[quote user="JJ"]

This is our third gite season, and we had our first cancellation some months ago for two weeks in May 2007.

The deposit had been paid by the clients. We have now just re-sold the same two weeks in May.

I know that we are under no legal obligation to refund the deposit to the original bookers, but I was just wondering what other gite owners did in cases like this?

[/quote]

I once lost a deposit on a holiday i had to cancel, 10 months before i was due to travel, due to illness and a death.  The villa owner took the opportunity to make a fast dollar and refused to refund despite a close friend of mine rebooking the same villa with his family. I have since visited the region 3 times and each time make a point of dropping a note through the guys door explaining to him just how much money he has lost due to his original action.  My advice, it has cost you nothing....at present.  Do the decent thing and reapp later rewards

[Chief]

[quote user="Llwyncelyn"]

Jon what do the terms and conditions of the contract say?  Are your potential clients made absolutely aware of the T's and C's.

[/quote]

Don't hide behind the T&C on an issue so small....do the right thing.  Your conscious is worried about it .  thats why you wrote to the group.  Goodwill