{"id":3459,"date":"2023-10-05T08:00:58","date_gmt":"2023-10-05T08:00:58","guid":{"rendered":"http:\/\/www.schofields.ltd.uk\/blog\/?p=3459"},"modified":"2023-10-05T13:48:18","modified_gmt":"2023-10-05T13:48:18","slug":"holiday-cottage-complaint","status":"publish","type":"post","link":"https:\/\/www.schofields.ltd.uk\/blog\/3459\/holiday-cottage-complaint\/","title":{"rendered":"How to Make a Complaint About Holiday Cottage Accommodation"},"content":{"rendered":"Reading Time: <\/span> 9<\/span> minutes<\/span><\/span>

The self-catering accommodation industry has often been the brunt of bad press \u2013 primarily due to complaints about a holiday let not being as advertised, being dirty or damage deposit refund disputes. Holiday cottage booking agents are also guilty of shunning accountability when things go wrong, by stating the booking contract is directly between the accommodation owner and the guest.<\/p>\n

The law for holiday accommodation is not too helpful either, because while there is protection for people booking a package holiday, the same cannot be said for renting a holiday cottage \u2013 whether there is an agent involved or not.<\/p>\n

It\u2019s probably fair to say that most holiday cottage owners and agents do an excellent job of maintaining high standards for their guests. They realise the importance of good customer service and ensuring the quality of their holiday properties.<\/p>\n

But when a property does not live up to expectations then it can completely ruin that precious holiday that you have so looked forward to. Naturally, you will want to make a complaint and have something done about it.<\/p>\n

Your holiday booking is likely to be a binding contract, so there will be steps you must take when complaining to improve your chances of receiving some form of redress.<\/p>\n

Here is our guide on how to complain if your holiday accommodation was not as promised.<\/p>\n

How to complain when holidays go wrong<\/strong><\/span><\/h2>\n

\"\"<\/p>\n

Do you have grounds for a complaint?<\/strong><\/span><\/h3>\n

It is important to remember that complaints can be subjective, some people complain just for the sake of complaining. Use your common sense \u2013 is the complaint more to do with your subjective likes and dislikes or is there a genuine quality or safety issue that needs to be addressed? Did it have a serious impact on your holiday?<\/p>\n

Keep a sense of perspective. How bad is it really? Are you blowing a small thing out of proportion? If a hot tub was advertised, but there isn\u2019t one, you have every right to complain as you probably booked the accommodation based on there being one. However, if several minor details affected your holiday, e.g. you found hair in the plughole or there aren\u2019t enough coat hangers, how this affects the enjoyment of the holiday is subjective.<\/p>\n

The accommodation provider must supply the holiday cottage as promised and with reasonable standards under the Consumer Rights Act 2015. If they haven\u2019t or you have the opinion that a term in the booking contract that is being enforced is unfair, you might have grounds for a complaint.<\/p>\n

Holiday letting<\/strong><\/span> consumer rights<\/span>
\n<\/strong><\/h3>\n

If the accommodation is not of satisfactory quality, not as described or not fit for purpose then the provider may be in breach of consumer law. You could use this law to gain redress.<\/p>\n

The booking terms and conditions should also be fair and reasonable under the Consumer Rights Act. An unfair contract is unlikely to be legally binding and unenforceable. Excessive cancellation fees, changing the goods or service, or changing the price are all considered unfair terms.<\/p>\n

See:
\nThe Consumer Rights Act 2015<\/a>
\nSupply of Goods and Services Act<\/a><\/p>\n

Is the contract with the owner or agent?<\/strong><\/span><\/h3>\n

It can be difficult to know who you complain to if you booked a holiday cottage through an agent. Although you book and pay the agent for the holiday, the individual owner is likely to be responsible for the upkeep of, and any problems with the holiday accommodation. However, it is in the agent\u2019s interest to help resolve problems.<\/p>\n

Report it immediately<\/strong><\/span><\/h3>\n

You have a duty to report any issues to the owner or agent as soon as you are aware of them.\u00a0By phone and in writing (so there\u2019s a paper trail) outlining what the problem is \u2013 and the solution you want. If you\u2019ve booked via a listing site e.g. Airbnb and your host is unresponsive or unable to correct the problem, make your complaint to the resolution team via your account.<\/p>\n

Often, there will be a quick solution to your problem e.g. a minor cleanliness issue that\u2019s easily resolved by the host re-cleaning.<\/p>\n

You must<\/strong>\u00a0allow the\u00a0owner or agency the opportunity to remedy the situation for you<\/strong>. Hopefully, it will be fixed quickly, and you can get on with enjoying your holiday. If you\u2019re still dissatisfied, the fact that you\u2019ve allowed them to address the problem will help you make a better case.<\/p>\n

If you don\u2019t say anything until you get home, you might make it much harder to get compensation for your holiday accommodation. It\u2019s a bit like complaining about a meal in a restaurant after having eaten all the food.<\/p>\n

Be friendly and reasonable<\/span>
\n<\/strong><\/h3>\n

How your holiday letting complaint is handled can depend very much on how you communicate the problem. An owner or agent will be far more willing to help you if you keep the hostilities to a minimum, even if you are angry.<\/p>\n

Often, the owner or agency will not be aware of problems if the previous guests haven\u2019t reported them, so they have never had a chance to fix them in between bookings. It could also be a genuine oversight e.g. the cleaner forgot to put fresh towels out in the ensuite during a quick changeover.<\/p>\n

Remember, due to the constant flow of guests, things break down which is unlikely to be the fault of the owner. Most owners and agents do genuinely want to help. Confrontation is counterproductive if you want to resolve a problem, it\u2019s important to remain calm and reasonable.<\/p>\n

Gather evidence<\/span>
\n<\/strong><\/h3>\n

If there is a problem and you are not satisfied that it has been resolved, keep copies of any written correspondence, or logs of phone calls and gather evidence of the problem via photos and\/or video. Whether it\u2019s a safety issue, dirty property or things not being as described, having evidence will be enormously helpful should you need to take your case to the Small Claims Court or arbitration.<\/p>\n

Put it in writing<\/span>
\n<\/strong><\/h3>\n

If the issue is not resolved to your satisfaction, write an official letter of complaint by registered post to the cottage agency, owner or booking site when you get home. Check the booking terms and conditions for the complaints procedure. Make sure you keep subjective personal opinions and emotions out of this letter, and instead make a clear concise list of all the facts relating to your holiday let complaint.<\/p>\n

You need to outline why the holiday did not live up to the contract between yourself and the accommodation provider. Was the holiday accommodation dirty or mis-sold? Did the photos bear little resemblance to the disappointing reality? Make sure you read through all the marketing material used to sell the holiday as well as the terms and conditions of your booking.<\/p>\n

Give each item its own numbered paragraph, matching these numbers up with the supporting evidence of the mis-selling. Also, make a note of the time and date each issue was reported, what the response was and what action has been taken so far.<\/p>\n

If you feel that the problem wasn\u2019t resolved even though you gave them the chance, state clearly why you think that was the case, how it affected your holiday and the amount of money you think you should get back.<\/p>\n

If the agent or owner is demanding money and you think the contract is unfair and can’t be enforced, write to the company explaining this.<\/p>\n

How to get compensation<\/strong> for holiday accommodation<\/strong><\/span><\/h3>\n

Before you start demanding a full refund, put things into perspective.<\/p>\n

-Was the incident out of the property owners\u2019\/managers\u2019 control?
\n-Did they take reasonable steps to rectify the situation?
\n-Did you give them the opportunity to rectify the situation?<\/p>\n

Your request for compensation should be warranted. If the property manager tried\/or solved the problem, or you only complained after completing your holiday \u2013 it is much harder to insist on a full refund.<\/p>\n

Until a court says otherwise, any compensation is at the discretion of the holiday cottage owner or agent. For minor incidents, such as no heating for a few hours, then a goodwill gesture such as a bottle of fizz or discount off a future stay may be sufficient.<\/p>\n

If only one day or night of your stay has been affected, then a refund equivalent to the cost of 1 night\u2019s accommodation is generally acceptable. You also can\u2019t expect a full refund if you decided to leave on day 5 of a 7-night stay.<\/p>\n

If you feel you have been deliberately misled e.g. there are only 2 bedrooms, not 3 as advertised, then you may wish to pursue a full refund if you decided to leave soon after arriving.<\/p>\n

If you haven\u2019t successfully resolved the complaint at this stage, it\u2019s time to escalate it.<\/p>\n

Complain to a trade body<\/strong>\u00a0<\/strong><\/span><\/h3>\n

You can report the business you believe is behaving unfairly to the Competition and Markets Authority (CMA)<\/a>. You could also report the matter to your local trading standards department, the local\/regional tourist board or the trade association that is responsible for grading the accommodation.<\/p>\n

Often, the threat of reporting the accommodation is enough to persuade the host or property manager to settle your complaint amicably.<\/p>\n

Did you pay by credit or debit card?<\/span>
\n<\/strong><\/h3>\n

If there was a breach of contract and you paid by credit card, you may be able to claim back money through your card provider (Under Section 75 of the Consumer Credit Act 1974).<\/p>\n

If you paid by debit card you may be able to contact your bank and claim a chargeback, but there is only a short window in which to make a claim.<\/p>\n

Contact a consumer champion<\/strong><\/span><\/h3>\n

Your chances of getting redress from a reluctant owner or agent are extremely low. If you still don\u2019t get the desired outcome, then there may be more \u201cofficial\u201d channels you can try to force a resolution to the dispute.<\/p>\n

There are several consumer champion journalists who have helped travellers who have had problems with a holiday (see the case studies below). You could try contacting them if you feel you’ve been a victim of injustice.<\/p>\n