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Refundable/Non-Refundable Deposits

  • 04-07-2011 6:00pm
    #1
    Shane732
    Registered Users, Registered Users 2 Posts: 4,998 ✭✭✭


    Hi all,

    I've a quick query in relation to non-refundable deposits for accommodation.

    Is there anything that precludes the use of non-refundable deposits?


Comments

  • #2
    bath handle
    Banned (with Prison Access) Posts: 370 ✭✭bath handle


    Shane732 wrote: »
    Hi all,

    I've a quick query in relation to non-refundable deposits for accommodation.

    Is there anything that precludes the use of non-refundable deposits?
    Yes. If a deposit is paid " subject to contract" (or lease) it is refundable. This was decided in a case in the 1980's.


  • #3
    Shane732
    Registered Users, Registered Users 2 Posts: 4,998 ✭✭✭Shane732


    So presumably "subject to lease" is a pretty straightforward term in that if the leasehold interest isn't acquired then you're entitled to your deposit back?

    Can a short term stay, say 5 nights, be considered a lease?

    I'm in a situation where my hand has been forced to book accommodation for 5 nights and to paid for the full accommodation up front (i.e. not just a holding deposit).

    I would assume that if for some reason I do not take up the accommodation that I should be entitled to a refund of the amount paid as no service has been provided. Is this correct?


  • #4
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,633 ✭✭✭✭Marcusm


    Not necessarily; you need to look at the Ts and Cs relating to the booking as these will set out the ability to cancel or vary the contract for the provision of accommodation which in the case of a hotel etc would not be a lease per se.


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Shane732 wrote: »
    I would assume that if for some reason I do not take up the accommodation that I should be entitled to a refund of the amount paid as no service has been provided. Is this correct?
    Providing a vacant hotel room is providing a service. That the service wasn't availed of is another matter.


  • #6
    bath handle
    Banned (with Prison Access) Posts: 370 ✭✭bath handle


    Victor wrote: »
    Shane732 wrote: »
    I would assume that if for some reason I do not take up the accommodation that I should be entitled to a refund of the amount paid as no service has been provided. Is this correct?
    Providing a vacant hotel room is providing a service. That the service wasn't availed of is another matter.
    A lease requires exclusive use. A hotel guest does not have exclusive occupation of his room or even a right to any particular room. You would not be automatically entitled to a refund if you cancel. The contract is complete. It is not subject to contract. If the hotel can re~allocate the room at the same or a higher price you should be entitled to a refund. If it is not allocated at all or for less money you should be entitled to the amount realised less admin costs. You would need to check the fine print carefully in the event that you try to cancel.


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