return deposit?

[markowitzman]

clients for villa rental for easter just cancelled today.
Have paid me a booking deposit.
No written agreement.
Do I have to return deposit?

 

[Marion]

Was there a verbal agreement? When did they book it?

Marion

 

[ClubMan]

Was there no legal involvement on either side of the initial agreement?

 

[markowitzman]

verbal.
Booked last sept.
Legally what is the situation?
From a customer relations perspective will refund although where does one draw the line?
For example a cancellation within a month of a prime time say August?

 

[ClubMan]

Only a solicitor can tell you what the legal situation is.

 

[markowitzman]

And I can see already what he would say!
No hope without written agreement?
I think it is a case of developing a set of terms and conditions to be signed by prospective clients to be returned with deposit.

 

[ClubMan]

Assuming that this is a foreign property it also depends which juristiction's law applies presumably?

 

[markowitzman]

did not think of this clubman as the client was irish.

 

[ClubMan]

I think it is a case of developing a set of terms and conditions to be signed by prospective clients to be returned with deposit.

That would make sense in terms of making the booking and ultimate contracts explicit to avoid confusion and conflict.

 

[markowitzman]

Does anyone else on AAM have a T+Cs for this scenario?

 

[MOB]

Here is a simple scenario you might adopt:

1. If you didn't have any other enquiries for the Easter period after the booking was taken, you are at no loss; so send it back.

2. If you turned away other enquiries, you are at a loss; Tell the people that you had to turn away other people, and that you will try to re-let for the Easter; Tell them that if you succeed in re-letting, you will refund their booking deposit(mius a small admin fee if you deem it appropriate). If they are reasonable people, they will accept this. In the absence of a written contract, the implied terms of your agreement should be reasonable; I think that a court would find the above reasonable.

3. For the future, go to a large and professional holiday home website (or a few different ones), read their terms and conditions, adapt them to meet your needs as you see fit and then go to a solicitor (if you feel the need) to give the thing a final once-over.