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Deposit for holiday home

  • 10-07-2013 1:30pm
    #1
    eoin95
    Closed Accounts Posts: 103 ✭✭eoin95


    A few weeks ago I booked and paid a deposit for a small holiday home. Now with 3 weeks to go I have had to cancel the booking. There were no terms and conditions attached to the deposit that I was made aware of or was on the website. When I called to cancel I was given a story about deposit only returned if the dates are sold again, or if person that made the booking can't come due to illness or bereavement.

    I gave the person 3 weeks notice so I can not see how they can hold my deposit. Is there any formal regulations on this or where do I stand?


Comments

  • #2
    Oryx
    Subscribers Posts: 19,425 ✭✭✭✭Oryx


    Generally a deposit is an agreement to purchase goods or services. You are breaking the contract, and not fulfilling your end, so unless they expressly said you would with x amount of notice, why should you get the deposit back?


  • #3
    ted1
    Registered Users Posts: 23,241 ✭✭✭✭ted1


    What do you think a deposit is for?

    Sounds fair enough to me,


  • #4
    theteal
    Registered Users Posts: 7,593 ✭✭✭theteal


    sorry op, I would automatically assume that a deposit was at stake in such circumstances. 3 weeks is not a long time to fill a holiday home booking


  • #5
    wexie
    Closed Accounts Posts: 7,480 ✭✭✭wexie


    theteal wrote: »
    sorry op, I would automatically assume that a deposit was at stake in such circumstances. 3 weeks is not a long time to fill a holiday home booking

    Also if it's 3 weeks from now it's high season which means they may well be out of pocket a good bit if they can't get someone else in promptly.

    A lot of people going on holidays in August would have booked ages ago and those that are booking last minute will be looking for last minute prices.

    Probably would have been more flexible outside the season.


  • #6
    eoin95
    Closed Accounts Posts: 103 ✭✭eoin95


    If there were no terms and conditions attached to deposit it is not far fetched to assume it is refundable. Many organisations have similar policies that if x amount of notice is given then its fine such as hotels, and yes there are also hotels that don't refund but this is clearly stated at time I booking...

    And also how an I to know if they fill the house, unless I drive and check they can just say house was empty and so no refund.

    I have no problem with deposits not being refunded but

    a) I am giving a few weeks notice, not just calling the night before

    b) it was never stated that deposit was non refundable


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  • #7
    Miaireland
    Registered Users Posts: 4,063 ✭✭✭Miaireland


    The whole reason for the holiday home owner is to protect them from loss in the case of you cancelling at short notice and yes three weeks is short notice during the high season as people normally book for that time months in advance.


  • #8
    whippet
    Registered Users Posts: 7,668 ✭✭✭whippet


    eoin95 wrote: »
    If there were no terms and conditions attached to deposit it is not far fetched to assume it is refundable.

    actually .. i would be of the opinion that it is very far fetched to assume it is refundable!


  • #9
    PauloConn
    Registered Users Posts: 910 ✭✭✭PauloConn


    OP, i would assume that 3 weeks would be short notice as most people would have holidays booked for that period. The home owner would be out of pocket and may have to give a discount to entice people to take the house for those weeks so the deposit is against this.
    I'm sure the owner would have refunded you if they knew they'd have something lined up to replace your stay but in this instance i think they are within their rights to withhold


  • #10
    Mary Scruffy Quitter
    Closed Accounts Posts: 32,688 ✭✭✭✭ Mary Scruffy Quitter


    Firstly, the default would be that a refund is non-refundable unless t&c says otherwise. Secondly, 3 weeks in peak season is very short notice. You do not have any case.


  • #11
    Miaireland
    Registered Users Posts: 4,063 ✭✭✭Miaireland


    I thought that unless it would have stated that deposits are refundable that any deposit would be non refundable. I thing you are just going to have to write that money you paid op.


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  • #12
    sandin
    Closed Accounts Posts: 1,594 ✭✭✭sandin


    Miaireland wrote: »
    I thought that unless it would have stated that deposits are refundable that any deposit would be non refundable. I thing you are just going to have to write that money you paid op.

    nope, as above, it is assumed the deposit is non refundable unless specified otherwise.

    Look at it another way - if the holiday home company told you with 3 weeks to go that the house was not available, what would your reaction be?

    You paid a deposit, your contract gives you the right to that house for that period, but likewise, if you don't use it, the compnay ahs a right to keep your deposit.

    Even if they do let it out, they would not have to refund you, but obviously do as a gesture of goodwill.

    Basically deposits protect both parties from cancellation.


  • #13
    Mary Scruffy Quitter
    Closed Accounts Posts: 32,688 ✭✭✭✭ Mary Scruffy Quitter


    sandin wrote: »
    nope, as above, it is assumed the deposit is non refundable unless specified otherwise.

    Read it again. That's what she said!


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