Wednesday, July 7, 2010

Cabin rental contract broken by website?

I rented a cabin in Big Bear Lake for 2 days during Christmas, signed the contract and paid for it. A few days later, the website calls me and tells me my reservation is canceled because the owner of the cabin wants to use it themself. No where in the contract does it state that the owner has the right to do such a thing, nor does it state anywhere that they have the right to cancel my reservation at any time.





I've called the website multiple times and they are simply of no help. They've recommended other cabins to me, but none of them have the same amenities/location as the one I had already booked. The only ones that are similar are much more expensive, and they aren't willing to rent those to me for the same price as the one I originally booked.





What can I do at this point? Do I have the right to sue them if necessary? I obviously don't want to take it that far because the cost of taking them to court simply isn't worth it, but I also don't want to let them get away with this.





Any advice?Cabin rental contract broken by website?
The website is merely an agent of the cabin owner. You can certainly sue if you want to sue, but you won't get anywhere. The owner of the cabin has changed his mind, and the website is stuck in the middle.





Simply forget about this situation, accept your refund, and look for other accommodations. Your life isn't going to come to an abrupt halt because you missed out on this particular cabin.Cabin rental contract broken by website?
I doubt you will get anywhere. The owner has a right to their property.





Do you have a contract signed by the owner? Websites can not sign contracts, what is there is not legally binding. The only thing that is binding is the contract signed by both you and the cabin owner.
First, you would need to demonstrate that the person or entity you ';contracted'; with had the authority to act on behalf of the cabin owner, or else held themselves out as otherwise having the authority to make a contract for leasing the cabin.





Next, you would be required to demonstrate you actually had a contract. Note: Simply responding to a web ad does NOT create a contract. There needs to be a definite offer to lease the cabin, and an affirmative acceptance of that offer.





Then, presuming you can show all that to the satisfaction of a judge, you can legally recover the difference in the contracted rental rate, and the rent you actually had to pay for a substitute cabin. (I have a feeling that it's not going to be more than $100 or so.) Plus your small-claims court fees.





Bottom line: You have the burden of proof, and your potential recovery is somewhat minimal. It's not worth it.



a web site did not call you; a person did.





READ the rental agreement and if it does not state unique


OUTS such as owner can change his mind at will.......or


other absurdities..........





or.....did the owner sign it in the first place?


IF he did not, you have no potency. Real estate deals of any sort


can be done by voice or email, but they hold little


legal power.





I need to see a copy of the agreement.





I suggest you can call them again.





Reach me tomorrow and send me a copy of the


rental agreement; I will help as much as i can free
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