If they had a full site and had been forced to turn potential customers away, and then they had a cancellation then they would have had a loss unless they managed to relet it. However, the deposit was to,reserve a pitch for use in the future, they had not provided that service the time to provide that service had not arrived, they had not had to turn anyone away, so they have no actual loss. They are in the same position as they would have been if the booking had been made, this is why in law they have no loss.
I know it sounds perverse but it is a fact. I understand why people consider a deposit as non refundable, but in law only that part of a deposit which has been used to cover actual expenses is allowed to be retained, everything else must be returned to the person making the deposit. Mind you it is sometimes very very difficult to enforce this and usually a court appearance will be necessary.
------------- Bill
For a licence dated 1997 or later you must add together the plated max weight of the caravan and trailer, if the total is 3500 or less you can tow it. You may even tow a caravan with a MAM greater than the cars unladen mass the restriction was removed in 2013
Mondeo Titanium 140 tdci
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Why would you need to ask the question if you thought you were paying for something you would use ? If was thinking of selling up or things were tight and I may have to sell up for that reason I would not part with any money .
Quote: Originally posted by dawnsunny on 08/4/2014
Thank you will wait until Easter and then take some advice Let it be a warning that we need to ask these things when paying money upfront :-(
What kind of seasonal pitch did you book? Full or part?
If you booked and put a deposit on a Caravan Club or Camping and Caravan Club site they state on their booking forms non-refundable deposit or even the full fee after the start of your seasonal booking starts, you will have signed to accept that on booking if a club site.
You have had seasonal pitches for 2 years prior to booking this pitch i read on another post.Did you not have to sign anything on booking?
I would think the non re-fundable pitch fee is in place to stop people taking up bookings on a whim and then changing their minds maybe, which is right as it does someone else who may have been turned down on that site out of a pitch.
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It won't be as black and white as Janus is suggesting I fear.
If you are signing up for a season you are entering into an ongoing contract. I would think it may eb quite easy for a site to prove some losses if one side decides to pull out of that contract part way through a season especially if its a designated seasonal pitch
As with all things like this the contract and terms will be key.
Quote: Originally posted by dawnsunny on 29/3/2014
We paid for storage and deposit for a seasonal pitch back in October for this season. However we then got rid of the van. We cancelled the pitch around Dec/Jan and asked what would happen to the deposit. We were told that if they relet the pitch they would return it. (We were not informed at the time that we would lose the deposit if cancelled and all paperwork didn't state this either.) They are now saying that the return was a good will gesture then but if they don't relet by Easter we will lose our money.is there anything we can do as there was nothing confirmed to us either verbally or in writing about this. Thanks
Just wondering how this worked out. The OP said that they would lose their deposit if the pitch was not re-let by Easter..... What happened Dawnsunny?
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