Advice please - booking forms/legal

[CostaBlanca]

Hi all,

I haven´t contributed for the past number of months but I am still here and would like your advice.

Despite all the recommendations here, I have never bothered with booking forms before and I have never had any problems to date. One of my summer bookings requested a booking form at the time of making the reservation. This was signed by him and returned to me. The following condition was included.

"To reserve the property, you should complete and sign the booking form and return it to ... Following receipt of the booking form and deposit, I will confirm your reservation."

I acknowledged receipt of deposit and confirmed reservation by email last Christmas. The final payment is well overdue and I sent him a reminder. He has just replied saying that he assumed that he would receive a completed and signed Agreement or Contract from me by post before the balance was due. He wants to know when a "legal contract" will be sent.

Do I just copy his signed copy of the booking form and sign it and return it to him.

Thanks in advance

[Stu]

If he's sent you a deposit and a completed Booking Form, that's legal enough. By returning both he's legally committing to renting your apartment from you. If he doesn't want it, then remind him of your T&C's (which I presume he's had, read and agreed to?). In those, you should have a cancellation agreement clause. If his stay is imminent, then I'd suggest he's liable for a hefty percentage of the total (if not the whole) cost of the holiday. The deposit is non-returnable.

It works like that for thousands of us, why should it be any different for him?

[Ju]

When we send out a booking form we always send out two copies, both signed by us. The renter then gets to keep one copy, and signs and returns the second one; This way they have a signed copy of the terms and conditions, which has within it both what we have agreed to provided and what they agree to do.

It may well be that by paying they have a contract, but I am sure it makes people feel more comfotable when they have it in writing, and signed.

It may well be that he is just messing you about, only you can make the choice as to whether you chase him for payment or try to re-let the weeks. I think I would be tempted to try the former, but give a time limit, say one week, after which you will re-market the weeks.

Ju

[Big Sis..]

Hi CB

I agree with both of these posts I think hes just stalling for time..he must know your balance is overdue...I think it all smells a bit fishy..have you got Flt times from him..
Mind hes not going to cancel on you...

[Chianti]

This client entered into an agreement with you when they signed your booking form, that is the legal contract in English law. If you had failed to send other documents which were promised, then he would have had a right to withhold funds, but that's not the case. What he assumed is of no importance. No, you should not send any further documentation. You should give him 7 days in which to pay and tell him that if he fails to do so you will file a claim against him in the Spanish courts.

If you are lucky enough to fill the booking with another client, all well and good for you.

You are treading on very thin ground if you fail to use booking forms, sent with a copy of your terms and conditions. There are so many copies to be found on the internet. At the very least, it gives the client confidence in their booking & more importantly, gives you a legal proof if there is a dispute. Most clients are honest, it is there to protect your business against those who are not.

Good luck

Chianti

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[mon269]

When we send out a booking form we always send out two copies, both signed by us.

We always email an unsigned contract and ask them to sign it and return it. We then print 2 copies of the signed contract, sign them and return one copy. It is a bit of a long process and have been considering sending a signed copy in the first place as you do. I am afraid of signing first as they may change something and keep my signature.

Am I too paranoid? Is it perfectly safe to be the first one to sign on the dotted line?

[CostaBlanca]

Many thanks guys.

I hadn´t considered the possibility of a cancellation! Maybe you are right. However, he has already paid a significant deposit, we will see.

Gracias,

[Marks]

Don't let a due payment get too overdue. If I haven't received payment two days after it is due I send out a polite email reminder. If no response after a further two days then I phone. If no sign of payment three days from the conversation then an email to say the booking is cancelled. I then have 5 weeks in which to try and resell knowing that I have a deposit already should I need to offer a discount to get a booking.

And always use a rental contract.