Gite rage!

[Fraise]

This hasn't happened to me before,what would you do? I had 2 enquiries today within a couple of minutes of each other.I replied to them both the same,except that for the 2nd enquiry I did say that I had just rec'd another enquiry for the same 2 weeks.I rang no 1 ,leaving a message indicating that it was available( answerphone). I got back a couple of hours later to find 2 e-mails.No 1 asked the price as she wasn't too sure( She had filled an online booking form originally though).No 2 said "yes" we def. want the booking,so I mailed back with all the details for payment etc.I then e-mailed no 1 and apologised but said that someone else had positively booked and would she be interested in any other weeks? I got a very terse reply stating that they had already posted the deposit and I had better "unbook" the other!!Doh!!!!!! Advice please

[paolo]

No. 1 was asking about the price but also claiming to have sent off the deposit? That can't be right.

It's unfortunate when this happens but there is no harm done - you haven't banked the deposit from no. 1 and they haven't lost any time for finding another gite. They can be terse but that is all.

In this situation I would recommend a couple of other properties nearby to no. 1 and apologise for the unfortunate timing of events.

[Fraise]

The Traffic Warden's voice of reason as usual(well,often ).My usual serenity was quite ruffled by this as I felt maybe I had boobed somewhere along the line? I thought it odd that she should be seeking clarification of the price and then saying she had already posted the cheque.Has no contract been entered into unless the cheque has been cashed then?

[paolo]

Has no contract been entered into unless the cheque has been cashed then?

I think it depends on your terms and conditions, but usually the booking is secured when you have the deposit as available funds in your accout and a signed rental agreement in your hand. Alan? Alexia?

[Linda Freese]

No 2 said "yes" we def. want the booking,so I mailed back with all the details for payment etc

I´m a bit confused, Fraise Had you emailed no 1 also with details of payment??? Otherwise, how could she have already sent you the deposit??? Either way, if she´s stroppy now, she´ll be worse when she arrives, so I would stick to your guns, apologise and send back the deposit. Chances are she is trying it on and hadn´t really mailed it in the first place. Sorry to be so cynical - can you tell I´m having a bad week?!

[alexia s.]

Fraise,
I presume that the last thing you want to do is to accept a booking from someobody who gives a terse reply.
Since No.1 wasn't sure of the price I would be fairly confident that no contract exists - without an agreed price, the terms of the contract haven't been established. Without clear terms there isn't a binding contract.
What does your on-line booking form say?
Mine states that no booking exists until I have acknowledged receipt of the booking form and the deposit. You don't know that No. 1's cheque has been posted until you receive it - even if it has, it could get lost in the post.
(I think I"d cross my fingers that it got lost.)
Without seeing your form I couldn't say any more.
Any other advice, Alan?

[Fraise]

I did e-mail payment details to no 1 as she had filled in my online booking form.I never got to "speak" to her though as she was not in when I rang and she did not reply to my e-mail except to query the price.I only send payment details when someone has def. said they want to book,or if they fill in the online booking form.On this occasion both things happened Oh dear

[Fraise]

I've just checked.My online booking form doesn't say anything about a contract.Obviously it wasn't signed as it is online but I did leave her a voice message saying it was available.I had no other communication from her until she sent me an e-mail asking the price. Have I messed up somewhere? I certainly disliked the tone of her reply =that I had better "unbook" the other party!!

[paolo]

Perhaps you have messed up but you have not deprived anyone of money, and they have not lost out on other possibilities. I was recently sent a deposit back a month after I booked a house for Christmas, as a result it was too late to find a replacement anywhere near where I wanted to be. You haven't done anything like that.

These online booking forms - aren't they more trouble than they are worth?

[Fraise]

I remember that advice somewhere at the end of last year!!!I certainly don't want someone in my lovely house who is already antagonistic towards me!!

[Fraise]

Phew1Thanks for your help.I have printed out all the e-mails and now realise that No 1 took 2.5 hours to reply to my request of"would you like me to reserve it for you?" with
"please could you confirm the weekly rate? There appear to be 2 different prices advertised on the website!".Meanwhile NO 2 replied 2 hours before No 1 with "thanks for the quick reply.I would like to book..." Her terse reply came after I had informed her that someone had already confirmed!!She then said she had already put the deposit cheque in the post. I THINK I should proceed with 2. I haven't sent him a booking form cos I was a bit flustered with the sequence of events!! Am I within my rights? I think so,replies would be appreciated.Thankyou,sorry for rambling but I was trying to explain my predicament...

[paolo]

I certainly don't want someone in my lovely house who is already antagonistic towards me!!

That's the bottom line and it's why you have made the right decision.

[Alan Knighting]

Fraise,

I think Alexia is quite right. I don't regard myself in a contractual relationship until I have received a booking form and I have received and accepted a cheque. By that I mean the physical act of banking the cheque. Until that happens I am in the negotiation stages and under UK common law no rights or obligations exist for either party.

Even if No.1 has posted a cheque, which I don't believe, she can simply put a stop on it at her bank - a luxury we don't enjoy under French law.

Alan

[alexia s.]

Fraise,
If I were in this situation I would certainly go ahead with the second enquiry. Make a note of the first one's name so that you don't take them another time: they sound awful.
Cheer up - there really isn't a problem!

[Fraise]

Thankyou.I am cheered up!!!!!!!!I feel a whole lot better about it now.I've gone with no 2.The other is history!!