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Vacation Rental Refund Dispute
Summary
If a vacation rental contract specifies a refund upon cancellation, the property owner must adhere to these terms. In this case, the user canceled within the specified period but was denied a refund, which may constitute a breach of contract. Steps to resolve this include sending a formal demand letter, filing a claim in small claims court, disputing the charge with the credit card company, and reporting potential violations to local authorities or the Colorado Department of Regulatory Agencies. Additionally, contacting the Division of Real Estate within DORA may provide further assistance.Full Conversation
I rented a vacation property and made an initial payment of $*.*. The contract states that if I cancel with 60 days of the rental period, I should get a full refund minus a *% process fee. I cancelled with in 60 days and the property owner is refusing to refund the money, instead she is directing me to make a claim against my rental insurance. Is that legal?
I'm sorry to hear about your situation. Could you please clarify if the rental contract includes any specific provisions regarding the process for cancellations and refunds?
This the only item in the contract regarding cancellation:
It sounds like the property owner is not complying with the terms of the contract. Here are a few steps you could consider:
- Review the Contract: Ensure that the cancellation and refund policy is clearly stated as you described.
- Document Communication: Keep records of all communications with the property owner regarding the cancellation and refund.
- Formal Demand: Send a formal written demand for the refund, citing the contract terms.
- Small Claims Court: If the owner still refuses, consider filing a claim in small claims court.
Would you like more details on any of these steps?
- Review the Contract: Ensure that the cancellation and refund policy is clearly stated as you described.
- Document Communication: Keep records of all communications with the property owner regarding the cancellation and refund.
- Formal Demand: Send a formal written demand for the refund, citing the contract terms.
- Small Claims Court: If the owner still refuses, consider filing a claim in small claims court.
Would you like more details on any of these steps?
Cancellation Policy- LODGE- Guest receives *% minus *% credit card fee if cancellation occurs more than 60 days
before arrival; Guest receives *% minus credit card fee if cancellation occurs more than 30 days before arrival; No refunds
within 30 days of arrival for the Lodge unless it is rebooked for the full amount, less $* rebooking fee.
It seems like you're dealing with a breach of contract situation. Here are a few steps you can take:
- Review the Contract: Make sure the cancellation policy is clearly stated as you described.
- Document Communication: Keep all records of communication with the property owner.
- Formal Demand: Send a formal written demand for the refund, citing the contract terms.
- Small Claims Court: Consider filing a claim in small claims court if the owner continues to refuse the refund.
Would you like more details on any of these steps or need assistance with something specific?
- Review the Contract: Make sure the cancellation policy is clearly stated as you described.
- Document Communication: Keep all records of communication with the property owner.
- Formal Demand: Send a formal written demand for the refund, citing the contract terms.
- Small Claims Court: Consider filing a claim in small claims court if the owner continues to refuse the refund.
Would you like more details on any of these steps or need assistance with something specific?
Can you write a formal demand?
Case Rating: *
Sure, I can help with that. Here’s a template for your formal demand letter:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Property Owner’s Name]
[Property Owner’s Address]
[City, State, ZIP Code]
Dear [Property Owner’s Name],
Subject: Formal Demand for Refund of Initial Payment
I am writing to formally request the refund of my initial payment of $*.* for the vacation property rental, as per the terms outlined in our contract. According to the cancellation policy specified in the contract:
- Cancellation Policy: Guest receives *% minus *% credit card fee if cancellation occurs more than 60 days before arrival.
I cancelled the reservation within the *-day period, and therefore, I am entitled to a full refund minus the *% processing fee. However, you have refused to process the refund and directed me to make a claim against my rental insurance.
This refusal to comply with the terms of the contract is unacceptable. I have documented all communications regarding this matter and expect this issue to be resolved promptly.
I hereby demand the refund of $*.*, which is the initial payment minus the *% processing fee, to be issued to me within 14 days from the date of this letter. Failure to comply with this demand will leave me no choice but to pursue further legal action, including filing a claim in small claims court.
Please consider this letter as a formal notice before legal action.
Sincerely,
[Your Name]
---
Feel free to adjust the letter as needed.
Sure, I can help with that. Here’s a template for your formal demand letter:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Property Owner’s Name]
[Property Owner’s Address]
[City, State, ZIP Code]
Dear [Property Owner’s Name],
Subject: Formal Demand for Refund of Initial Payment
I am writing to formally request the refund of my initial payment of $*.* for the vacation property rental, as per the terms outlined in our contract. According to the cancellation policy specified in the contract:
- Cancellation Policy: Guest receives *% minus *% credit card fee if cancellation occurs more than 60 days before arrival.
I cancelled the reservation within the *-day period, and therefore, I am entitled to a full refund minus the *% processing fee. However, you have refused to process the refund and directed me to make a claim against my rental insurance.
This refusal to comply with the terms of the contract is unacceptable. I have documented all communications regarding this matter and expect this issue to be resolved promptly.
I hereby demand the refund of $*.*, which is the initial payment minus the *% processing fee, to be issued to me within 14 days from the date of this letter. Failure to comply with this demand will leave me no choice but to pursue further legal action, including filing a claim in small claims court.
Please consider this letter as a formal notice before legal action.
Sincerely,
[Your Name]
---
Feel free to adjust the letter as needed.
Can I email this or do I have to send it by regular post
Case Rating: *
You can email the formal demand letter, but it's a good idea to also send it by regular post to ensure it is received. Sending it via certified mail with a return receipt requested is recommended, as it provides proof that the letter was received.
Would you like more information on how to proceed if the owner still refuses to refund your money?
You can email the formal demand letter, but it's a good idea to also send it by regular post to ensure it is received. Sending it via certified mail with a return receipt requested is recommended, as it provides proof that the letter was received.
Would you like more information on how to proceed if the owner still refuses to refund your money?
yes, please
Case Rating: *
If the owner still refuses to refund your money after sending the formal demand letter, you can consider the following steps:
- File a Claim in Small Claims Court: Prepare all your documents and evidence to present your case.
- Seek Mediation: Some jurisdictions offer mediation services to help resolve disputes without going to court.
Would you like more details on how to file a claim in small claims court in Colorado?
If the owner still refuses to refund your money after sending the formal demand letter, you can consider the following steps:
- File a Claim in Small Claims Court: Prepare all your documents and evidence to present your case.
- Seek Mediation: Some jurisdictions offer mediation services to help resolve disputes without going to court.
Would you like more details on how to file a claim in small claims court in Colorado?
Yes
Case Rating: *
To file a claim in small claims court in Colorado, follow these steps:
- Prepare Documents: Gather all relevant documents, including the contract, cancellation proof, and communication records.
- File the Claim: Visit your local small claims court to file a Notice of Claim form.
- Serve the Defendant: Ensure the property owner is formally notified of the claim.
Would you like information on your local small claims court?
To file a claim in small claims court in Colorado, follow these steps:
- Prepare Documents: Gather all relevant documents, including the contract, cancellation proof, and communication records.
- File the Claim: Visit your local small claims court to file a Notice of Claim form.
- Serve the Defendant: Ensure the property owner is formally notified of the claim.
Would you like information on your local small claims court?
Yes
Case Rating: *
Website: www.courts.state.co.us
To find your local small claims court in Colorado, you can visit the Colorado State Judicial Branch website. They provide information on the process and locations of small claims courts in the state.
Would you like more detailed information on preparing your documents for filing the claim?
Colorado State Judicial Branch
Website: www.courts.state.co.us
To find your local small claims court in Colorado, you can visit the Colorado State Judicial Branch website. They provide information on the process and locations of small claims courts in the state.
Would you like more detailed information on preparing your documents for filing the claim?
Do you know if I can also file dispute with my credit card?
Case Rating: *
Yes, you can also file a dispute with your credit card company. Contact your credit card issuer and explain the situation, providing all relevant documentation, such as the contract and communication records. They may be able to assist you in getting a refund.
Would you like more detailed information on how to file a dispute with your credit card company?
Yes, you can also file a dispute with your credit card company. Contact your credit card issuer and explain the situation, providing all relevant documentation, such as the contract and communication records. They may be able to assist you in getting a refund.
Would you like more detailed information on how to file a dispute with your credit card company?
yes
Case Rating: *
You can file a dispute with your credit card company by following these steps:
- Contact your credit card issuer directly.
- Provide them with all relevant documentation, including the contract and communication records.
- Explain the situation clearly and request a chargeback for the payment.
Good luck with your case!
You can file a dispute with your credit card company by following these steps:
- Contact your credit card issuer directly.
- Provide them with all relevant documentation, including the contract and communication records.
- Explain the situation clearly and request a chargeback for the payment.
Good luck with your case!
Would there be any reason also to inform the travel insurance she is also selling from her site. It is a legitimate company, but I sense she has done this before.
Case Rating: *
It could be beneficial to inform the travel insurance company as well, especially if you believe the property owner has acted similarly in the past. They may investigate and take appropriate action. Do you need any help with contacting the travel insurance company?
It could be beneficial to inform the travel insurance company as well, especially if you believe the property owner has acted similarly in the past. They may investigate and take appropriate action. Do you need any help with contacting the travel insurance company?
no I have the contact number
Case Rating: *
It seems like you have a strong case for breach of contract. Here are the steps you’ve already considered:
- Sending a formal demand letter.
- Filing a claim in small claims court.
- Disputing the charge with your credit card company.
- Informing the travel insurance company.
Would you like more information on any of these steps, or do you have additional questions?
It seems like you have a strong case for breach of contract. Here are the steps you’ve already considered:
- Sending a formal demand letter.
- Filing a claim in small claims court.
- Disputing the charge with your credit card company.
- Informing the travel insurance company.
Would you like more information on any of these steps, or do you have additional questions?
Is there anything that you recommend that hasn't been previously discussed?
Case Rating: *
It looks like you've covered all the essential steps. One additional recommendation is to check if the property owner is subject to any local or state regulations governing vacation rentals, as violations could be reported to relevant authorities. Would you like more information on this?
It looks like you've covered all the essential steps. One additional recommendation is to check if the property owner is subject to any local or state regulations governing vacation rentals, as violations could be reported to relevant authorities. Would you like more information on this?
yes, please
Case Rating: *
Vacation rentals in Colorado are subject to local and state regulations. Consider the following steps:
- Check with the local city or county for any specific vacation rental regulations.
- Report any violations to the local regulatory body or the Colorado Department of Regulatory Agencies (DORA).
Would you like more details on how to identify and report potential violations?
Vacation rentals in Colorado are subject to local and state regulations. Consider the following steps:
- Check with the local city or county for any specific vacation rental regulations.
- Report any violations to the local regulatory body or the Colorado Department of Regulatory Agencies (DORA).
Would you like more details on how to identify and report potential violations?
yes
Case Rating: *
To identify and report potential violations, you can:
- Check Local Regulations: Contact the city or county where the property is located for specific vacation rental regulations.
- Report Violations: If you find any violations, report them to the local regulatory body or the Colorado Department of Regulatory Agencies (DORA).
Would you like more detailed information on how to contact local authorities or DORA?
To identify and report potential violations, you can:
- Check Local Regulations: Contact the city or county where the property is located for specific vacation rental regulations.
- Report Violations: If you find any violations, report them to the local regulatory body or the Colorado Department of Regulatory Agencies (DORA).
Would you like more detailed information on how to contact local authorities or DORA?
Is there a specific regulatory body within DORA that I should contact?
Case Rating: *
You can contact the Division of Real Estate within the Colorado Department of Regulatory Agencies (DORA) for issues related to vacation rentals.
Would you like more details on how to contact the Division of Real Estate?
You can contact the Division of Real Estate within the Colorado Department of Regulatory Agencies (DORA) for issues related to vacation rentals.
Would you like more details on how to contact the Division of Real Estate?
yes
Case Rating: *
Contact the Division of Real Estate within the Colorado Department of Regulatory Agencies (DORA) for vacation rental issues. They can provide guidance and investigate if necessary.
Colorado Department of Regulatory Agencies (DORA), Division of Real Estate~
Would you like any additional assistance or information?
Contact the Division of Real Estate within the Colorado Department of Regulatory Agencies (DORA) for vacation rental issues. They can provide guidance and investigate if necessary.
Colorado Department of Regulatory Agencies (DORA), Division of Real Estate~
Phone: (*) *-*
Website: www.dora.colorado.gov
Would you like any additional assistance or information?
That feels complete
Case Rating: *
It looks like you have all the necessary steps and information to proceed with your case. If you need further assistance at any point, feel free to reach out. Good luck!
It looks like you have all the necessary steps and information to proceed with your case. If you need further assistance at any point, feel free to reach out. Good luck!
Last question, do I have to give her 14 days to return the money? If not, what is the smallest time frame I can use. We have already been emailing about this for a few days
Case Rating: *
In your formal demand letter, you can specify a shorter time frame depending on the urgency of your situation. While 14 days is standard, you can request a shorter period, such as 7 days, as long as it is reasonable.
Good luck!
In your formal demand letter, you can specify a shorter time frame depending on the urgency of your situation. While 14 days is standard, you can request a shorter period, such as 7 days, as long as it is reasonable.
Good luck!
Thanks
Case Rating: *
It sounds like you've covered all relevant steps for seeking a refund from the property owner. Since you've already been in contact with the owner for several days, specifying a shorter timeframe like 7 days in your formal demand letter appears reasonable.
Good luck!
It sounds like you've covered all relevant steps for seeking a refund from the property owner. Since you've already been in contact with the owner for several days, specifying a shorter timeframe like 7 days in your formal demand letter appears reasonable.
Good luck!
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