Over Occupancy, the Damage Deposit and HomeAway...

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cleanforum
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Over Occupancy, the Damage Deposit and HomeAway...

Post by cleanforum »

and 2020 was all going so well too!....(I am joking of course)..

We have a family of four booked and staying at our villa for two weeks. around the third day another family of four arrived and have been staying with them since (five days so far).

Of course I dont want to start conflict while they are there and start asking folk to leave however. We Do state in our rental contract;

"Party Size. At no time must any more persons occupy a property than agreed at the time of booking, except with prior written agreement. Property owners or their agents reserve the right to refuse admittance if this condition isnot observed. Should it be found upon departure evidence of over occupancy, the security deposit will not be returned. "

So my question is with respect to HomeAway. They call the security deposit a "Damage Deposit" and refer to the need to always back up a withheld deposit with receipts proof etc.

This group saved over 600Euros (in extra guest suppliments)by booking for four and then sneeking in another four, Am I justified in withholding the 300euro damage deposit against this??

Thanks for any input.
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Post by SPJ »

Of course you are entitled to ask. It's in your terms and conditions. However, I think it's a mistake not to raise it while they are there. HomeAway will want evidence that you raised it as an issue with your guests so that they had they opportunity to respond / put it right.
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Post by cleanforum »

Thanks, we are not on site. A neighbour commented, and so we made a security camera image capturing the eight of them outside.

Tomorrow we have to go and clean the pool, I suspect that the other family will make themselves scarce when we visit.

I will see how it plays out, and if they decide to tell us, or I can hint in some way.

In fact having eight at our villa that only has accommodation for six breaches all sorts of limits, insurance, beds etc. We also are required by law to register guests details and send the information to the Gardia Civil...
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Post by newtimber »

I suppose the question is are the other family sleeping in the property or just visiting every day?

The other question is whether the villa actually sleeps 8 and it is "over occupancy" or there are just 4 of them booked in a villa that sleeps 8.
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Post by cleanforum »

No the villa only sleeps 6. It is stated everywhere, so they would know this, no question. Also when I asked for the passport details they only gave us theirs the four original bookers.

I am sure the extra guests are overnighting and could prove it but I do not want to get into external security images as I am not sure it is permisable legally

The extra guests may have another accommodation rented but prefer to be at ours...for the pool and comfort or just to be with their friends who knows..

The original renters are from Belgium, so the friends may be too, thats quite a risk to take if they do not have an alternative.
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Post by CSE »

cleanforum wrote:Thanks, we are not on site. A neighbour commented, and so we made a security camera image capturing the eight of them outside.

Tomorrow we have to go and clean the pool, I suspect that the other family will make themselves scarce when we visit.

I will see how it plays out, and if they decide to tell us, or I can hint in some way.

In fact having eight at our villa that only has accommodation for six breaches all sorts of limits, insurance, beds etc. We also are required by law to register guests details and send the information to the Gardia Civil...
Spain and CCTV. Hope you are complying with the complicated Spanish laws relating to these.
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Post by newtimber »

I think if they come from Belgium it's likely that the other couple are staying locally and coming over during the day. If this is the case, I don't think this is going to contravene your terms and conditions as they aren't occupying the property just visiting their friends.
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Post by Sam V »

Id get onto HA regardless.

The guests could perhaps be made to prove that they are only visiting and not staying (proof of alternative accommodation perhaps) plus passport details from them for c19 track and trace, insurance, in case of emergency, etc. because of the current situation, extra cleaning, etc, whatever.

I wouldn't be happy with this at all.
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Post by cleanforum »

Thanks, I must insist that I know they are staying overnight.

As pointed out I dont want to get into, cctv images etc.

Therefore unless I can illicit passport information for the extra guests tomorrow I guess will have to swallow it... :(
Last edited by cleanforum on Mon Aug 03, 2020 5:17 pm, edited 1 time in total.
zebedee
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Post by zebedee »

The track and trace as suggested by Sam V is the trump card I think.
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Post by gardenboy »

I am actually staying in my rental villa this summer as only letting my regulars in. At weekends some of the villas turn into party houses, sorry I don't want to alarm anyone, but realistically how is a remote owner going to prove anything.

Also, any renters wondering why they are targeted by thieves....its blatantly easy to spot a rental...towels hanging off railings, external lighting on in the day, 3 different cars in drive. Must be a thieves charter.

Homeaway have appointed themselves as judge and jury on deposit deductions, I have pretty much binned ha that was the last straw.
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Post by cleanforum »

Yes, Gardenboy. We are winding down with the main portals next year and will go with direct and repeats, if nothing else we have more control over who books and how they treat the place.

After 20 years we can probably get by without the big guys, at least for a couple of seasons.
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Post by cleanforum »

Does anyone have a telephone contact for HA in UK or Spain?
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Post by SPJ »

Yes: HA UK helpline: +44 (0)208 827 1971

They don't make it easy to find it, do they!!!
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cleanforum
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Post by cleanforum »

No, I sat there like a lemon on the chat line and then found that number thanks.
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