unforesen cancellation of booking.....where do I stand?

[Yvonne]

Hi,

I always seem to have a query about 'arrhes'!!

We have taken a booking (booked in March) for a 1 night stay 1/2 board for 2 people towards the end of August.

Unfortunately, due to unforeseen family reasons we cannot honour the booking as we won't be in this country. I have telephoned the guest to apologise, explain and offer alternative dates. They are very unhappy, will not accept alternative dates, tell me I HAVE to accept them (even it means a friend comes in and opens up our house for them?!) and are now threatening us with legal action.......

This is exhausting and not want we need. I am giving them almost 3 months notice that I have to cancel their booking (I'm offering alternatives that they refuse to accept). They have sent a deposit cheque which I have not cashed yet.....where do we stand? The reason, I think, they a getting so shirty is because they booked via SMARTBOX (who allows us to accept bookings under our own terms & conditions) and I presume other places locally are full. This is also why the cheque isnt cashed.  

My letter to them confirms their booking and 'arrhes' their letter to me confirms they have sent a 'caution'. I think that if I confirm 'arrhes' then I am legally obliged to pay back double the amount, is that correct? I presume that I am not obliged to be here and welcome them into my home regardless of circumstance?

There must be provision in the law for unforeseen circumstances like this??

Thanks for any advise.

Abi 

 

[Clair]

Arrhes: http://www.inforeg.ccip.fr/Acompte-ou-arrhes-quelle-difference--fiche-61-6165.html

It may well hinge on your T&C, assuming they have read them and agreed to be bound by them.

[BJSLIV]

The fact that it is only a one night booking suggests that they are touring, or en route for somewhere. Whatever the reason it's not unreasonable of them to reject your offer of alternative dates. It's not what they need.

You need  to break the contract,.They are entitled to some recompense for breach of contract.

In order to pacify things......

You could arrange for someone to be present.

You could find an alternative place for them to stay and pay any additional costs.

You could offer  them the compensation of double their deposit. It's unlikely that they would consider it worthwhile to go to law having already received compensation.

Look at it from their point of view. They had planned ahead, sorted their accommodation, now they are in the merde. They are understandably not very happy, especially if local alternatives are scarce.

 

 

[lizzy h]

Try and find them an alternative, and then if you cannot there not alot they can do about it, people usually don't bother about us when they don't turn up or bother to cancel, at least you have been honest with them and given them time to find somewhere else, sometimes it a horrible buisness!

[Yvonne]

I couldn't agree more Lizzy!

I've offered to book a them local hotel but they are just insistant on staying here....I dont know what they expect me to do.

Imagine if we all threatened legal action to every client that cancelled becasue it was raining or because gret aunt bessy has just died?!

What i've done, to get them off my back, is hinoured my side of the law and sent them double the amount of 'arrhes' - as outlined in Clairs link. Thanks for that Clair, I've saved it. It may well come in handy next time the reverse happens; ie. I need to cancel and I want my deposit back......!

Sometimes I think there are definately easier ways to earn a living!!

Thanks

Abi

[Catalpa]

[quote user="abim"]Sometimes I think there are definately easier ways to earn a living!![/quote]

For no doubt good reasons, you are the one breaking the contract.

As I assume your cancelled guests are French, perhaps that's one couple who will try and avoid booking British-owned accommodation next time. And they'll probably tell all their friends how they've been let down by British people too, which is unfortunate.

I know "stuff happens" and you've done your best to re-accommodate them but to imply they are being unreasonable when you're the one causing them the problem seems a bit unkind.

[Quillan]

Basically any 'contract' be it in English or whatever has to work withing French law because that's were the property is.

It seems that from all the information I have been given from Clevacances, Gite de France and the little book from "Ministère de l’économique des finances et de l’industrie " (sorry for the caps I just copied it in) that outside of three months you give twice the deposit back and this should be done within 15 days of you telling them you have cancelled the reservation. Technically if you have not given them a contract, signed by both parties, they could report you and from the little book I mention above it says....

LE conTRAT. LA remise DE note

 

Le contrat de location doit être écrit.

 

Toute offre ou contrat de location saisonnière doit revêtir la forme écrite et contenir I'indication du prix demande ainsi qu'un état descriptif des lieux (article L.324-2 du code du tourisme).

 

La remise d'une note est obligatoire lorsque votre activité de location est habituelle ou régulière.

 

Vous devez établir une note datée en double exemplaire mentionnant, vos nom et adresse, le nom et I'adresse du locataire, I'adresse du bien loue, sa nature, la durée de la location, et le prix TIC acquitte par votre client.

 

L'original de la note est remis au locataire a réception du paiement et vous devez conserver le double pendant deux ans.

 

Attention

 

I'absence de remise ou de conservation de note est passible d'une amende pouvant atteindre 15 000 €.

 

(Article L.312-3 du code du tourisme)

 

Which basically says if you don't use a contract then you could be fined up to 15,000 Euros under the articles mentioned. The truth of the matter is I know very few, if any, B&B owners who issue such a contract. Its' very complex for B&B and quite frankly if somebody sent me one as a customer I would book elswhere. It is however something you should be aware of although it is extemely unlikely anyone would ever report you to this extent and you found yourself in court. Basically unless anyone tells me different I have never heard of it happening.

 

So if you have given twice the deposit back and showed that you have made an effort to find alternative accomodation for them (something you are not obliged to do) then thats the end of it. Go back to bed and sleep well.

[Yvonne]

Catalpa......sometimes it's best not to assume anything  -they aren't French.

'Unreasonable' relates to their abusive, aggressive phone calls ....several from different family members within the space of 1 or 2  hours. And their unwillingness that, due to an unforeseen family 'issue', we cannot under any circumstances be here. I think, if you were a witness to this situation you would not be describing me as 'unkind'.

It's nothing to do with nationalities. If it were about nationality then there are plenty of French people (and other nationalities) who let us British owners down all the time. If they want to go off and criticise British owned b&b's then let them.

Frankly I wouldn't wish these type of people (whatever nationality) on any of my fellow British or French b&b owners.

I've been more than willing to help them but there are some people who would rather try to kick up a fuss rather than be helped. They're wasting their time because we are unable to accomodate them regardless of threats, swearing etc etc. I've paid them back double their money and as far as I'm concerned the matter is now closed.

Nobody , French or english deserves that. It's life......things happen that are out of our control.

Abi

[lizzy h]

totally agree with you its life, somtimes you have to put your personal life before work as in any job.

We got guests last night  who in the end couldn't stay with us, they had booked for three nights but came with a lovely ferrari and couldn't get it up our garden drive as the car is so low to the ground, and I dont think they wanted to leave it in a public car park!! so I rang another B and B with private parking and got them in there! end of matter no hastles but lost booking for us!

Why do they have to cause as much fuss over one night! I don't understand.

Hold your head up high you get lots of knocks in this job!

[Catalpa]

[quote user="abim"]

It's nothing to do with nationalities. [/quote]

My assumption that they were French was based on them understanding the relevance / function of an arrhes.

[quote user="abim"]If it were about nationality then there are plenty of French people (and other nationalities) who let us British owners down all the time. [/quote]

I know. But they're the customers. They're at liberty to do that. Unfortunately.

[quote user="abim"]They're wasting their time because we are unable to accomodate them regardless of threats, swearing etc etc. I've paid them back double their money and as far as I'm concerned the matter is now closed. [/quote]

And I do agree... they did sound very difficult and unpleasant.