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Thread: charges for paying?

  1. #11
    Moderator christhear's Avatar
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    Quote Originally Posted by marti View Post
    Yes that excatly what I thought. They are now asking for all e mails regarding this and we have found one from the the company which confirms the balance in £'s and dollars so I hope they will honour this
    Marti

    If you paid the deposit in dollars, then I would expect to pay the balance in dollars at what ever price was quoted at time of booking. Owners need to set their prices in advance and if the rate changes they may either benefit or loose - you cant change your rate once a booking is agreed and signed for.
    Christine



  2. #12
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    Marti
    They have no option but to honour it , unless there was a clause in the original contract which allowed for variation because of exchange rate. If they quoted a price and agreed a contract based on that, then it was up to them to think about exchange rate issues.
    Babblin Boo


  3. #13
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    Marti - Here is where I think you stand from a legal (ish) point of view; however I have to qualify this in advance by saying that I'm not a lawyer.

    When you booked the villa originally with the previous owners you signed the Ts&Cs and sent them a payment, albeit a deposit. That created the contract between you and them for the villa rental; and unless there was any provision in those Ts&Cs to change the amount or indeed change anything else, then it isn't supported by that contract.

    But then the villa was sold and so this is where it gets a bit complicated.

    Your contract was with the previous owners. The new owners only need to honour that contract if the contract of sale of the villa had in it some provision to say that they would. I think this is unlikely.

    This leaves you, and in fact the previous owners, on a bit of a thorney wicket as they still have a contract with you to provide you with the accomodation that you booked ... unless of course the Ts&Cs that you signed have a clause that gives them an out in the case of selling the villa. Note too that this would not be covered by force majeure.

    In theory you have a number of choices:
    1. Require the previous owners to provide you with the accomodation that you have booked at the agreed price; or at least provide you with an alternative of equivalent standard and quality
    2. Require the previous owners to give you a full refund if they are not able to complete the contract
    3. Agree to take out a new contract of rental with the new owners

    Option (3) looks to be the one you are doing however I assume that nothing formal has been done so far; i.e. you have not yet signed anything given to you by the new owners or their MC. I know that sounds a bit formal and a bit of admin overkill but it probably is something that you should make sure happens. At the moment you have a contract with owner A however owner B will be providing you the villa via their MC and owner B doesn't seem to care much about how well you are looked after. And all that said there may be another twist in that the new owners and/or their MC may be deemed to have implicitely accepted your rental contract at the point they took the balance payment off you.

    Confused? Yeah - it's great isn't it when you start digging down into what is actually happening.

    So going back to option 3. If you get to the point of getting a booking confirmation and included Ts&Cs from the new owners and/or their MC this *should* confirm the dates, the amount and also any additional amounts payable ... for example if the exchange rate changes.

    At that point it is up to you as to whether you choose to accept that new rental contract (which could in theory have a different price and a whole different set of terms and conditions) or whether you choose not to accept that new rental contract. I believe that you are entirely within your right to choose not to, and if you do you would be elligable for a full refund. However even that now gets a bit complicated as you have made a payment to the new owner/MC and so they might take the position that by making the payment you have implicitely accepted a new rental contract from them; however without having sight of their Ts&Cs I'm not sure that would stick.

    If it were me I would ask the new MC to create a new contract of rental for you, pointing out that your original one was with the original owner. When that contract arrives it's up to you to decide how to take it forwards. If you are happy with the amount and the conditions, sign it and have a great holiday. If you aren't happy with it, tell the MC that you instead would prefer a full refund and itemise the exact monies you have paid that need refunding (including currency details if you have paid in more than one currency).

    At least this way you confirm everything one way or the other so you know where you are up to and don't put your holiday at risk.
    Steve



  4. #14
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    "At that point it is up to you as to whether you choose to accept that new rental contract (which could in theory have a different price and a whole different set of terms and conditions) or whether you choose not to accept that new rental contract"

    This is where it is a bit grey at the moment. The new owner/mc are making things up as they go along and no new offer of contract has been made. What's to say they don't next week decide the payment doesn't inlcude electricity because that's the way they work, or on arrival a whole host of other changes have been made. In accepting the contracts in place for bookings the onus was on the new people to ensure they could work with the existing bookings or decline them. They may have to take a loss on some of them compared to what they would like but they were booked in good faith and the Guests deserve to have their expectectations (and contracts honoured).
    I'm sure it was not sold as an ongoing business , rather that the existing bookings were a bit of a bonus and in what could be a good chance to earn loyal repeat Customers, they are letting themselves down big time by alienating those who have already trusted them with their hard earned money.
    Babblin Boo


  5. #15
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    That's absolutely right Steph. That's why, IMHO, it's important that Marti gets a new contract issued by the new owners/MC. At that point there is something firm and in writing to which everything else can be referred. If such a contract allows for x, y or z additional charges then x, y or z additional charges are allowed. If it doesn't, they aren't. But at least Marti can make the decision whether to accept this contract while in possession of all the facts.

    Marti - This shouldn't be a lot of work or a lot of effort. Just email the new owners and/or MC and ask them to send you a new booking confirmation to confirm the booking details and all the Ts&Cs. Then decide how you want to go forwards with it.
    Steve



  6. #16
    Florida Chatterbox
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    Well after much e mailing to the MC it looks like they are going to honour the original booking. The original owners sold the villa with the bookings already made to be as they stood, and as the MC also e mailed us with the original balance to be paid, we should be ok. We're still a little uneasy about it all, but hoping for the best. I know from earlier e mails with the original owners that we are not the only ones with problems
    Thanks for your advice and help. Only 5 weeks to go so hoping for the best! (still happy with this site though, had lots of villas from here before and will again)


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