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booked a house in the keys back in November. I just received a message in april saying they double booked the house and since these people book it every year we are out. They said they would put us in another place but it is smaller and not what I wanted. My question is what should I do I have a contract but is it worth it to go after them. Will I just get my deposit back or will it be worth it to go after them for screwing up my vacation. Everyone has already taken off work and it is to late to find another house to rent. What can I do?
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I’m certainly sorry to hear that – that’s very frustrating, for sure. The answer isn’t as straightforward as it may seem. Without reviewing the contract, I can only provide some direction based on the minimal information I have. In my experience, most property managers/rental brokers will have a provision addressing the issue of double-booking or, at least, the issue of needing to cancel on their side and what remedies are available. It sounds like your argument’s strength is that the replacement unit is smaller. However, the other factors you mentioned are not inconsequential (i.e. special trip, too late to change travel plans, etc.). Unfortunately, I can’t say for sure the exact strengths and weaknesses of a potential action without reviewing the contract and getting more details, but if this poses a significant issue to your vacation, and you are interested in what your legal options are, I’d say it would be worth having a consultation with an attorney (particularly one that practices in breach of contract litigation).
Answered on Apr 15th, 2016 at 2:07 PM