Lay My Hat

I've taken a booking for 2 weeks in October.

It was all dealt with over through emails, quite alot were exchanged and the full amount has been credited to my account OK.

The thing is despite repeated requests I have still not received a completed booking form.

Should I insist or not worry? I do have an address and telephone number from the initial enquiry.

if you have the money, their address I wouldn't worry too much...but if it because you get them to sign on the booking form that they agree to terms of business then perhaps just call them and say it is your paperwork, you need it for your ladies that clean/for making up the villa/whatever - make something up why you need it...I have to admit repeat bookings sometimes arrive with the booking form clutched in their stick mits!!

I'd want the form to see who - and how many - were coming. I'd also like their address in case I had to make a claim for serious damage. I don't expect to end up using a small claims court but I' d like anyone who is a bad tenant to know that I could. I think the address and the members in the party are essential pieces of information.

I don't release the lockbox code or the directions to our house until the final payment and booking form has been received. Nothing motivates people like realizing they won't have the means to actually take their holiday unless they send in all the money and paperwork!

I think Vrooje is right-I ask for booking form as well as the money-you can say you need it for fire regulations!!

for "tax purposes" would be a good one too...

Oh yes,you're right-should have thought of that

www.thepetitmanoir.com

I don't think you need give any reason for asking for the form - it's perfectly normal. It is a good idea to make the completion of the booking conditional on your receiving both the initial deposit and the completed booking form. (e.g. " No booking exists until the owner has confirmed receipt of the completed booking form and 25% of the total rent due.")

Thanks everyone for all your replies. I did think that I should insist, it was just the fact that they have paid in full that confused me!

I think, as ex-lawyers, Alexia and I will be thinking similar thoughts about this. You are entering into a contractual relationship and the contract is cemented by receipt of the booking form which is the contractual document. Until it has been recieved your guests have no rights other than return of their payment.

In the real world it probably doesn't matter all that much, unless something goes wrong or they turn out to be "tenant from hell".

I would say - insist on it in the same way as you would insist on payment in advance.

Alan

LaLuz,

I wouldnt want to lose an October booking - as such I wouldn't really push real hard for it. I would though have it right there when they arrive and ask them to sign it - much as you do going into a hotel. I would would expect that in 99.9% of cases they will sign on the spot and everybody is happy. If they have a problem with signing I would need to know what their concerns where before handing over the keys (and have some real red flags waving in my head).

As a point of note with or without a signed document you have a contract under common law in any case - many years in the construction industry has taught me this hard lesson.

Clexane wrote:As a point of note with or without a signed document you have a contract under common law in any case - many years in the construction industry has taught me this hard lesson.

That's all well and good but, without documentation, what evidence have you got of what are the terms of the contract you claim to have? The answer to that is "none". The inability of many firms and companies in the construction industry to establish what their precise terms of contract were was the cause of their demise. Let's not repeat their mistakes when letting off our holiday homes.

Get it right in the first place and there are no hard lessons to be learned.

Alan

Alan having a contract helps define what has been agreed - no argument. However with a good guest you never need it, with a nightmare it will offer little comfort. Why do I do it - so that it acts as a deterent to most people like my security deposit. But I wouldnt risk an October booking pressing for it.

The guest has paid an amount of money which you accept for a period of time. Common sense will need to prevail from here. If it all goes south then a contract may give you comfort but invariable will not help a whole bunch. If its a small problem most people wont fight. If its a large problem you have either your contract or common law if you are prepared to see things through legally - which few people are. Normally if its a major problem then it will come down to judgement in my experience and who is believed.

The number of times that a written contract has proven to be more than useless in disputes in my experience dealing with some of the largest law firms is astounding. The number of twists and turns I have seen found in agreements always never ceases to suprise. Very few people are prepared to see legal cases all the way through to make the contracts really stick (appeals and years). In the end it ends up being what was right in intent and what people would settle for. Its inevitably a game of chicken.

The construction industry failures where more often then not shear incompetence. Contracts had little to do with it - and more worryingly few people really read them - which to everybody here should sound familar with their current circumstance (how many times have people rang to dispute a clause??? - for me never)

Clexane,
" I wouldnt risk an October booking pressing for it" - how could you lose a booking that has been paid for?

Clexane,

The construction industry failures where more often then not shear incompetence. Contracts had little to do with it

Frequently the absence of a contract had everything to do with it. In my view not having a contract is in itself incompetance.

Ultimately one might be in court waving a contract but a contract's main purpose is simply to define a relationship between two or more people - an easy point of reference. Having a contract usually avoids the necessity for litigation. It is the inability to agree which is the cause of litigation.

Alan