Holiday Lets: Is the Contract with Owner or Agent?

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Holiday Lets: Is the Contract with Owner or Agent?

Who is responsible when you book a holiday let?

When something goes wrong with holiday accommodation, working out who to complain to can be confusing. You might have booked a cottage or villa through a website or agency, but the property itself belongs to someone you have never spoken to. So who holds legal responsibility?

Determining responsibility often hinges on identifying the party with whom you contracted at the time of booking.

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How contract law applies to holiday bookings

In most cases, your contract is with whoever took your payment. If you book a hotel directly and pay the hotel, your contract is likely with them, though it is worth checking the terms as exceptions can apply. The accommodation provider must ensure the property matches its description, deliver services with reasonable care and skill, and meet basic standards of quality.

The Consumer Rights Act 2015 sets out these protections for services in the UK. Under this law, any service you pay for must be carried out with reasonable care and skill. If the property or service falls short, you can seek a remedy from whoever you contracted with.

The situation becomes less straightforward when a booking agent sits between you and the property owner. The key factor is whether the agent acts on behalf of the owner, or whether they are selling the accommodation as their own product.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

When you book through an agent

Many holiday lets are advertised through online platforms or agencies. How these businesses operate affects who you can hold accountable.

Some agents act purely as intermediaries. They connect you with property owners, but the contract forms directly between you and the owner. In this arrangement, the owner is responsible if something goes wrong with the property itself. The agent may only be liable for their own actions, such as providing misleading information in a listing they created.

Other agents operate differently. They may buy up availability from owners and resell it under their own brand, or they may take full responsibility for the booking as part of their service. In these cases, your contract is with the agent, and they bear responsibility for problems with the accommodation.

Platforms such as Airbnb and similar online marketplaces often have their own approach to contracting. Their terms typically specify whether you are contracting with the host directly or with the platform itself, so reviewing these carefully before booking is essential.

When reviewing your booking confirmation and terms and conditions, look for language that indicates the agent's role. Phrases such as "acting on behalf of the owner" or "as agent for" suggest an intermediary arrangement, while terms stating the agent "provides" or "supplies" the accommodation may indicate they are acting as principal. The name of the company taking payment can also help clarify who bears responsibility.

What to do if something goes wrong

Start by identifying who you paid. Your bank statement or payment confirmation will often show this, though some platforms process payments on behalf of another party, so cross reference with your booking documents. Then review your booking paperwork to confirm whether you contracted with an owner, an agent acting as principal, or an agent acting as intermediary.

Once you know who your contract is with, raise your complaint directly with them in writing. Set out clearly what went wrong and what you want them to do about it. It is important to retain copies of all correspondence, take photographs of any issues encountered, and maintain records of any additional expenses incurred.

If you booked a package combining at least two different travel services, such as transport and accommodation, car rental, or other tourist services, different rules may apply. The Package Travel and Linked Travel Arrangements Regulations 2018 give additional protections and place responsibility on the organiser of the package.

For disputes that you cannot resolve directly, you may be able to use an alternative dispute resolution scheme. Some travel businesses belong to trade bodies such as ABTA, which offer dispute resolution services, though membership is more common among package holiday providers than agents handling accommodation only. If the business refuses to engage, you can consider taking action through the small claims court for amounts up to £10,000 in England and Wales.

Citizens Advice can provide free guidance on consumer disputes. For more detail on your rights when buying services, GOV.UK has information on the Consumer Rights Act and how it applies.

Accurately identifying whether your contract is with the owner or the agent enhances your ability to pursue any complaint effectively.

The Next Step

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Now that you have read through the advice above, you might want to put it into practice. Our Holiday Rights Checker lets you describe what went wrong with your holiday and find out what you can do about it. Try it now →

Ask Consumer Rights Expert a Question
Ddanks 09/07/2022 at 11:10 am
Booked a cottage in the Isle of Wight which had very old furnishings covered in rugs and patch repaired. It was dirty in every room with a wet carpet in the master bedroom.

The wooden conservatory's windows were blown and cracked with internal and external damage to the wood.

The ground floor bedroom had no wardrobe, being replaced with a rail hanging from the ceiling, out of reach. A double height step from this room down to a hole in the floor covered with a piece of wood.

Bedroom window wouldn't close leading to conservatory and cafe to rear of property.

Stated Private parking but shared with cafe and customers. Cafe staff constantly walking through cars to gain access to supply shed.

Owner walked into property unannounced and was rude, informing us she would be bringing cleaners in and why hadn't we left at 10am???? We had no idea this clean would take place. People were still in bed. She walked straight in. She was rude and told some of our guests they should have gone already. We asked her to leave in the end.

Where do we stand on getting a refund and from whom please
Mollie 12/05/2022 at 8:55 am
We booked a Hen Party Cottage for one night, The agents will not return our £500 security deposit. Sent us pictures saying carpet was damaged with what looks like hair straighter or similar product. The bedroom carpet was already damaged on our arrival and we have issued pictures showing this from previous people staying there 2 days before us. The agents reply was they can now see there was some damage to the carpet when we arrived but that additional burns were caused by our party. Although burns are all in the same area and obviously caused by the same implement what ever it was .We also have statement from another person who stayed at property 14 days before us, confirming damage was there and they even mentioned it to cleaner at the time. Agents having none of it at one stage even threatened we may have to pay over £2000to replace carpet. £500 still not returned to our booking lead.
Disgusted 27/09/2021 at 1:57 pm
Booked a lodge in Brighouse through Sykes. Upon arrival lodge was not the same as the photos on the website. Various issues throughout the week, mainly health and safety related including fire risks found to 6 of the 8 lodges. Left the holiday early due to noisy neighbours and no one on site to help. Sykes asked for a review to which we left a fair one advising others of issues before being mislead into booking and Sykes refused to post our review as it related to health and safety ??????
Kaken 07/07/2021 at 8:49 am
We rented a cottage through BlueRiver Cottages for a week in Shaldon. Arrived on the Saturday, all ok on Sunday. 06.45 on Monday morning the work started next door, and was the same everyday of our holiday. Drills, disc cutters, concrete deliveries. We complained to cottage company and owner denied knowledge of work, which had been going on for the previous 8 months and she would have received a planning letter because of nature of work. I have asked for a full refund. No mention of work on website and no offer of alternative accommodation when I complained on the Tuesday. Where do I stand?
unlucky 03/06/2021 at 5:47 am
Having booked a holiday cottage for two weeks with myfavouritecottages in barnstaple devon, cottage named Crooked Lake Cottage bideford it didnot come up to our expectations. We have spent msny holidays in Devon and New forest in period cottages and have never encountered such a dangerous cottage. The cottage is ver wuaint and very well equiped with all the owners items, but this should never be let to holiday makers over the height of 5ft 10inches. The front door is extremely low, and the cottage seems to have been gutted and built with with stud walls throughout. All heights of doors are of different height and this caused my husband banging his head which caused much blood, not just once but three times. The stream that runs outside the cottage building had no barriers and a child could easily fall in and hurt themselves on the slipoery rocks and sides. I would definately not recommend this cottage to people over 5ft 10inches or people wuth children. The cottage is very isolated, no paths,and is on a long winding road that has very fast traffic passing by and is 7miles to bideford the nearest shops and restaurants.
Janey 16/09/2020 at 5:52 pm
Booked through Sykes. Cottage had wet walls, water coming through ceiling and a blocked shower. Final straw was the rats.
Sykes don’t want to pursue this with the owner. Asked for money back to no avail.
Advertised off road parking. According to Sykes this means don’t expect any.!! There wasn’t any.!!!
Theatremanager 14/09/2020 at 6:59 am
We booked a holiday cottage and arrived to find it covered in scaffolding. We were not informed of this prior to our trip. The scaffolders spent the rest of our break arriving early in the mornings to dismantle the scaffolding. It was so noisy that we had to stay out each day, thus not allowing us to enjoy the cottage.
The access to the property was also blocked with workman’s cars and vans and made it difficult to load our car at the end of the stay.
aged 04/07/2020 at 5:11 pm
A holiday booked in the lake District Cumbria for the 2nd and 3rd weeks this september has had to be cancelled because of one member of the Family's ongoing serious medical condition and the added risk factor which may still be a threat

Accepting we lose the deposit already paid we cannot understand why we are being asked for the balance when we are not taking the holiday and there is time to re-let the cottage
John 24/03/2020 at 9:12 am
I live in the UK and have booked a large self catering family holiday in the UK.

The holiday cannot now be taken because of the movement restrictions imposed by the Government as a response to the coronavirus.

Is the owner of the holiday let obliged to return the cost of the hire?
K 04/02/2020 at 1:41 pm
I booked a U.K. holiday rental and paid the deposit for a weeks stay - Saturday- Saturday. They are now saying they made a mistake as the rental is Friday - Friday. Friday is no good as we can’t get the time off work and kids are still at school. Where do we stand?

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