Holiday rental refund

we booked and reserved an apartment in EmpuriaBrava for the whole month of April. It was obvious from several weeks before our departure that travel restrictions caused by Coronavirus would prevent us taking our holiday. I had already made a substantial deposit to the Spanish booking agency and asked that it be refunded due to the pandemic. Unfortunately they refused and would only consider holding our deposit for use in a future booking. This is not acceptable and I wanted to know what, if any, further action we might take with the authorities to recover our money?

many thanks for any assistance offered, my name is Brian

Hello Brian

It would all depend on the terms and conditions of the rental contract and who it is with, specifically the cancellation policy. What is acceptable in law may not always be what you consider acceptable, that will be for a Judge to decide. You can either start a legal claim but you will have to decide if that is against the booking agency or the property owner. If the claim is through the Spanish courts you will need to budget for about 10 years. Or you can make a claim on your comprehensive travel insurance policy, that is what travel insurance is for.

What is a substantial deposit? And what has your travel insurance company said?

Has the holiday been cancelled by the agent? If not, you could find it difficult to use the cancellation clause in the insurance, they are renowned for trying to wiggle. They may also say that the offer of a credit is sufficient. Did you make the payment by credit card? If so, get on to them for a refund. It's not just Spain this is happening in, at least one big company in the UK is refusing refunds, only credit notes.

Marksfish is correct. Despite CORVID-19 many companies, including airlines, holiday lets and package holidays are blatantly abusing customers knowing there is little they can do apart from lengthy expensive legal proceedings . The credit card companies and banks don’t want to know. WHAT A SHOCK. Whoever said life was fair and justice existed for Billy Mug the public.

I have a property in Spain which we rent out just for holiday lets, as you can imagine people have contacted us in regard to the problems we now have with deposits and rental monies paid, to each and every one of them we have said, you can have a full refund or roll it over to some other new dates as, and if available, as said in that order.

Some wanted refunds, which we did, quite a few wanted to roll it over for better times to come.

No one knew of the extent this was going to be, or the way it would transform into what it has become, personally I think all companies should offer pretty much the same as we have done, yes I know of the monetary loss.....

But thats insignificant to the loss of life.

I think you will find bookings on a privately owned property are not covered by holiday insurance for any eventualities.   I know that was so some years ago when I used to let an apartment for holidays.   The insurance companies say that any claim should be made against the owner. For example:  if the property became uninhabitable say through fire or flood, and the owner could not obtain alternative accommodation,  it is owner you have the contract with who is responsible for any losses, including flight costs etc. 

I know some will think that is not so, even travel agent often will not know, but if you check with the insurance claims Dept they will confirm it.  

Very many thanks for all the responses, I guess I will have to revert to my travel insurance company to try to get a refund on the £1450.00 already paid to the agent. I had hoped there was something like ABTA in Spain, such as we have in UK, although even that guarantee appears to be not what one would hope for. Thanks once again, should I achieve some satisfaction I will let everyone know. R

I think you will find bookings on a privately owned property are not covered by holiday insurance for any eventualities.

I couldn't care less about that, and the original poster did say they booked via a Spanish booking agency,  I did what I wanted to do because it was morally right to do it my way.

''I think you will find bookings on a privately owned property are not covered by holiday insurance for any eventualities.''

I would imagine 90% of properties on Tripadvisor, Airbnb, HomeAway and Booking.com are privately owned. Dare I say ‘’could this be an insurance get out clause’’? Morals vs. Money.