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Old Dec 22nd, 2007, 12:48 AM
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Homelidays apartment refund

Could someone advise me as to how I can reclaim at least 50% of money paid upfront for an apartment rented through Homelidays. The apartment owner breached the contract by failing to provide an apartment that had adequate heating and a good standard kitchen equipment.Our family who rented this in Tunisia was frozen and could not stay more than a day out of the 14 days booked. The price charged was of European standard ( owners live in Paris)while the amenities were developing world standard, even worse we think.Could someone advise?
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Old Dec 22nd, 2007, 04:58 AM
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Caveat: I'm no legal expert, I'm just going on such experience with contracts as I've had.

I note that the homelidays website sells a 'surprise proof insurance' to cover instances 'of discrepancy between the property and its description on Homelidays.' This certainly sounds like your case.

Alas, even had you taken out this insurance, there is this in the fine print: "Please note that the insurance is ONLY valid for holidays in accommodations within the European Union." The owners might live in Paris, but the accomodation is in Tunisia, so you might be facing quite a battle, even with documented proof. On that note, pictures of the kitchen would support your claim about the equipment, but how to prove that the air inside was cold? I'm assuming you didn't mean it was literally freezing (i.e, water in kitchen pots froze over, which would be a visible clue in a photograph.) You would have needed a witness, I think, to a thermometer reading, or perhaps a service technician's report...

But even with all this proof, assuming you could have gotten it, your case probably wouldn't get very far. Given the limitations of the insurance, at best Homelidays might only be able to cancel their contract with the owner to advertise the property on their website. As far as I can tell, your actual contract was with the owner directly, so Homelidays itself doesn't owe you a refund.

I seem to recall a previous complaint of this type on Fodor's, I'll have to do a search.

How much, exactly, is on the line? (in euro?) Sadly, your cheapest option might simply be to grit yourteeth and walk away...
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Old Dec 22nd, 2007, 05:06 AM
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Hi S,

Mark it up to experience, and post your experience, giving the particulars of the apt, on all of the travel boards you can find.

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Old Dec 22nd, 2007, 05:21 AM
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aha! I found it: back in January of this year, one 'mwiars' posted a thread: "Homelidays - I wish I had been warned." Again, people responded to the effect that Homelidays wouldn't themselves owe a refund in the event of fraud. (This was for an apartment in Vienna.) Worse, in that case, the prospective renter sent a deposit via Western Union, not via credit card (which would have given them the opportunity to take things up with the CC company.)

Homelidays itself seems to have its fans; but unless the insurance it sells applies to the specific situation, their much-touted 'guarantee of trust' isn't worth very much.
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Old Dec 22nd, 2007, 09:57 AM
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You don;t say what was wrong with the heating.

Was none provided?

Was there some heat - but it was inadequate? Was the heating system broken?

Was the weather unusually cold for the time of year?

(Don't mean to pick holes in your claim - just clarify what the problem was. Don;t know where you're from - but in many places in europe indoor temps are not kept as high as they are in some places in the US. Was it just a matter of different expectations?)

(We had some problems with a new family in our co-op who complained how cold it was all the time. And we had plenty of heat - more than the minimum indoor temps required by the city - 68 during the day and 55 at night. They were uncomfortable at anything less than high 70's - and obviously no one is going to pay for the oil to provide those temps - even if everyone else was willing to live with them.)
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Old Dec 22nd, 2007, 09:59 AM
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Sorry - certainly if they provided NO heat in winter weather - I would ask for a refund. If that doesn't work consider going to the Ombudsman at Conde Nast Traveler for a resolution.
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Old Dec 22nd, 2007, 10:52 AM
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"Developing world standard" as it relates to holiday apartment rentals? What does that mean? You had some heat, but it wasn't adequate to meet your needs? There was a kitchen with some equipment but not what you wanted? What does all that mean? No dishes and pots and pans, or the blender wasn't working, or was there no stove or refrigeration?

I'm sorry, but I really do think you have to chalk it up to experience. The site makes it clear you're dealing with individual owners. If you were complaining of no running water or cockroaches overtaking you that would be one thing, but it's pretty hard to get a refund of a deposit from an individual owner because the kitchen equipment wasn't up to "European standards" in Tunisia. And maybe if there was NO heat, but "inadequate" heat OR air-conditioning is a hard term to define in Tunisia just like it is here in "non-third-world" Florida.
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Old Dec 22nd, 2007, 11:57 AM
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Also, I forgot to ask: did you attempt to contact the owner or the property manager before you left after your single night stay? It is possible that heating was available but the system needed only a minor repair, or even that you just didn't understand how to turn it on (believe me, it has happened: we once couldn't figure out how to turn on a water heater, for example.) Either way, it can be worth your while to attempt to put problems right on the spot, before giving up and leaving. If you couldn't get a hold of the property manager, a call to Homelidays might have helped (yes, they're not a real estate agent, but they might have had suggestions as to your best option to take.) I realize this is a bit after the fact, but there is always next time.

Your other respondents have good points about providing specifics, but I think you are owed the benefit of the doubt until we get those specifics.
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Old Dec 22nd, 2007, 12:55 PM
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I wouldn't know the French legal system, but rather doubt that is going to be very satisfactory (the owner is French and I believe Homelidays is, also) in terms of trying to pursue that in a French court.

You are just renting from a private owner, it's like VRBO. As someone said, even the insurance they do have available is, by law, not usable outside the EU. So you are just left with trying to pursue this with the owner and Homelidays. If the owner has regular listings on the website, Homelidays could perhaps put some pressue on them, although the only remedy they might really be able to take is to cancel their listing if they think it is really misleading.

I also think it would be useful to know specifics of what you are talking about. How cold is cold (and was there a local contact to call in case something wasn't working? or even any contact -- like a phone call to Paris if there was substandard heat). Not having std. kitchen equipment could mean anything. If they didn't have a refrigerator and burners/oven or whatever was actually promised in the description, you have a complaint. If it was just not good enough equipment for what you wanted, probably not.

Lots of vacation rentals are relatively expensive compared to what you'd pay if you lived in a country. Especially for holiday rentals where the owner is from a European country.

It may just be something you have to chalk up to experience, I agree. It's a risk you take when you rent a place sight unseen from a private owner.

And, I believe that Tunisia is officially a developing country, actually, so maybe what you got was the norm there and your expectations were too high as you said the amenties were those of a developing country.
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Old Dec 23rd, 2007, 09:27 AM
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Hello and thank you all for these wonderful replies and advice. My husband got quite ill on return- I think the fear of getting a stomach ailment and ending up in a hospital was too much for him.

Sue, thanks for looking through the threads- I did too but am still in a quandry. The service engineer did turn up the day we decided to leave. He was Tunisian and the owner did say that he would get some local people to test the standard of the apartment. There is a lot of palm greasing in Tunisia so I suspect that we will not get much out of this.

Ira, I am going to do precisely what you suggested. I will publcise this safely.

NY Traveler, we are from UK and can put up with low temperatures. The house is a stone house and sunk low but the number or radiators were not adequate enough to heat the whole house. Temps were around 8-10, I guess.My husband and daughter developed a severe chill the next morning. My daughter still has a chest cold.

NeoPatrik, sorry that was me being really cross. We paid Euro 695 - what would you expect for that? A decent home? Not aluminum pans, rusty dishes, rusty cutlery and dangerously positioned dishwasher and water boiler.Tunisia has a reputation for serious tummy bugs and health risks . Would we feel comfortable using rusty pans? I think not. Here was an owner charging high rates but providing seriously poor standard accom. We have stayed in places across Europe and Canada , paying similar prices and have been quite satisfied. We would have had no problem at least. If at least the heating was adequate and pans were usable. Yes, I can see how difficult it is to define precisely and have clear proof of what was wrong. We have some photos but we must now think through this , assimilate all the info provided here and find the best solution. Losing Euro 695 is not something we are going to take lightly.

Christina, you are probably right. The country is developing and very well too. We took it on the assumption that the 5 odd French reviewers who gave a score of 5 for this accommodation would have a standard similar to ours. (Obviously we are very wrong to make that assumption.) Which is the reason we chose a second home of a French resident. We wanted to see this wonderful country and tried to minimise health risks ( 2 of us have Gastro Intestinal problems and we wanted to do all the cooking ourselves. The owners were aware of this as we had corresponded since August.

Sue, the caretaker was there that evening and the next morning. A nice chap but out here I think what the boss says goes.

When I said European standards, it is the standard we see across decent self catering accom across Europe. Care taken with Health and Safety, attention to cleanliness of basic equipment.

The thing is that the outside temperatures were 15 c but inside was like a freezer. Water did not freeze up.

2 things I am going to try. To ask the owner to offer a weeks stay free of cost anytime between April and October. If this fails I might try European small court for breach of contract. I need to read up and think through this.

But all of you have been enormously useful. Thank you for this. If you dod decide to go to Tunisia and are middle aged like us, a good hotel may be a better option
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Old Dec 23rd, 2007, 09:48 AM
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Well - I'm sure the conditions were as you say.

But - a "cold" is not the result of cold temperatures. Scientists have been aware for quite some time of organisms which actually cause these diseases (this is called the Germ theory of disease).

And yes - people can die of hypothermia or actually freeze to death - but you don't get a "cold" from cold weather.

And I agree that 50 degrees is quite cold for indoors (our NYC standards are 55 degrees at night in the winter - and 68 during the day.) But - an outdoor temp of 60 degrees wouldn't require any heating at all.

It's very odd that the house was much colder than outside.

I would go ahead with the complaints - but I guess that staying in a third world area I would make sure up front of all the details - and that everything was to a luxury standard. Modest works in developed areas - I would stay almost anywhere in Switzerland or Germany - but in my (granted limited) experience - in third world countries you need to go deluxe to get everything you would expect at home.
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Old Dec 23rd, 2007, 10:04 AM
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"2 things I am going to try. To ask the owner to offer a weeks stay free of cost anytime between April and October. If this fails I might try European small court for breach of contract. I need to read up and think through this."

So let me get this straight. The place was so disgusting and had such dangerous kitchen provisions, that you WOULD go back and stay there again so long as it was free? If the place was truly dangerous, how nuts do you have to be to go back there and stay? What am I missing here?

Also, you say you "could not stay more than one day out of the 14 booked". But you also say now, "The service engineer did turn up the day we decided to leave." So that means he showed up on your "first and only day" right? And you say the "caretaker was there that night AND the next morning". Sure sounds to me like they were knocking themselves out to answer your concerns -- three visits in less than 24 hours?

Now I'm going to go way out on a limb here. Let's pretend I was the owner of this rental. I had someone reserve it for two weeks. They stayed only one night, complained about everything and despite sending both the caretaker twice and a maintenance man once, they left. I couldn't rent the place out on such short notice so lost two weeks of rental. Of course I am keeping their deposit. But they have threatened me and have posted negative posts about me on a public board. Now they are demanding that I let them come back there and STAY in the same place for a week for FREE. Yes. I'm sure I'm going to do THAT!

Are you kidding me?
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Old Dec 23rd, 2007, 11:40 AM
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How about letting us see the house by providing the link? Where was it, on the coast? Thanks!
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Old Dec 23rd, 2007, 11:49 AM
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Sorry to hear about your troubles. I Agree with the others - Homelidays merely acts as an "introductory" agent between renters and potential holiday makers. Make sure you post feedback on the site. If it is as you believe grossly substandard, complain to Homelidays and ask them to remove the property from the site.

There is always a problem renting a private apartment. I have used Homelidays several times, and have nearly always been fortunate.

As a side issue, work colleagues have just returned from two weeks in a five star hotel in Tunisia, ans nearly the entire family suffered from "tummy trouble" - for at least one family member it meant hospitalization.
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Old Dec 23rd, 2007, 12:32 PM
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srao: please post a link to the thread - or at least the Homelidays property number. Then we can look at the flat's listing as well as read the reviews. Homelidays asks renters to post reviews after their stay is over. Only members/renters can post reviews so if it happened like you say - that is where you need to post.

Maybe in your frustration you mis-spoke and did stay more than one night - but as pointed out by NeoPatrick, there are some holes in your narrative.

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Old Dec 23rd, 2007, 07:20 PM
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It certainly sounds like you have cause for complaint, however, I doubt that you would get much compensation if you went to court. If you look at other court cases (which you may have seen on holiday reports or on watchdog) you will see that things have to be really, really bad before any sort of decent compensation is offered. You could contact watchdog and see if they come back to you.
I would also write to the company and ask for compensation but not ask for anything specific and see what, if anything, they offer. One final point, why on earth would you want an offer of a free week in such a place???
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Old Dec 24th, 2007, 11:06 AM
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So Neopatrick, a cross examination is it? I sense a lot of anger. Are you a Villa owner by any chance?

I was thinking of reclaiming some money back, by asking for a week stay free. I know quite a few young people who would pay to stay there and eat out- not us though.Perhaps getting a bid on EbaY- was an option i thought of. Of course caveat for anyone who uses it is to make sure that there are at least some decent pans for teas and coffees. As I said before it would be livable in summer.

JanisJ and Neopatrick. We arrived at 3.30 in the afternoon. There was no heating and no TV (as advertised) The caretaker was there to show us everything but as the TV was not working he had someone with him for about 4 hours to try to get it to work. The apartment was not in use before our arrival so I dont know why it was not fixed before our arrival. He then arrived the following morning again to collect the keys from us, because he knew that we were leaving that morning. Does that make more sense or do you wish to cross examine a bit more?

Willit, thank you for your response. It is good to know that we were not being unusually picky and that our fears were justified.

Ekscrunchy- I will provide the link. It looks pretty - but... It is behind Sultan Hotel - close to North Hammamet. Good place for young people I think.

Carolina, thanks for your feedback. A free stay for a week - not for us- never. But for younger more adventurous, ( we know quite a few who would grab this chance) in summer should be Ok as long as they liaise with owners about basic pots and pans.

Here is the link- looks elegant- but..
http://www.homelidays.com/hammamet/h...lla29766en.htm
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Old Dec 24th, 2007, 11:30 AM
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JanisJ apologies- the phrase about cross examination was not meant for you. Please ignore that. I have left feedback with Homelidays- but from what I hear from other disgruntled travellers, A ) accomodation owners can opt out of this feature B) that Homelidays will post it up only after verification and if the owners agree with the feedback. A no win situation as I can see it. Thanks anyway.
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Old Dec 24th, 2007, 12:23 PM
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"So Neopatrick, a cross examination is it? I sense a lot of anger. Are you a Villa owner by any chance?"

Huh? No anger, and unfortunately I don't have a villa. But honestly, they left because essentially the place was too disgusting and too "dangerous" to spend another night. Now they want to go back to the exact same place for a week -- so long as it's free. This doesn't seem odd to everyone?

That's like being in a restaurant and saying, this meal is terrible -- it's inedible -- I want it taken off the bill immediately. Now, please leave it so I can eat the rest of it. Equally odd, but quite similar, in my book. You couldn't spend another night in that "worse than third world standard", but if it's free, you'll make a special trip to go back there?

And further explanation in unnecessary, especially now that you've explained that you arrived in the afternoon and by the next morning they already knew you were not going to stay no matter what.
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Old Dec 25th, 2007, 11:39 AM
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Mr Neopatrick, if we wanted a free stay we wouldnt have forfeited the 2 weeks money we paid and left ? We lost over 300 pounds on our flight tickets and over 400 pounds on car hire company because we cancelled this prematurely. Do you honestly think that we would have forfeited so much money just so we could have a weeks free stay later. Very warped thinking, mister.

Please read carefully before you rant "A free stay for a week - not for us- never. But for younger more adventurous, ( we know quite a few who would grab this chance) in summer should be Ok as long as they liaise with owners about basic pots and pans."

I have enough information to go by so I suggest that you ie Mr Neopatrick, do not reply any more as some of your rants are bordering on the offensive.

Everyone else thanks for the suggestions and advice, I will work on this. No more replies please unless, it specifically helps with refunds.


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