Cabin rental

[michelleandrews]

I rented a cabin for the holidays. An unexpected wild fire occured in and around the town the cabin is located. There refund policy is as stated: reservations can't be canceled. No refunds. Should you need to change your dates or cancel, you can reschedule your reservation any time with no penalty as long as the change is processed at least 30 days in advance of your stay. The deposit is placed in escrow, to be held for 2 years, for a future reservation. For reservations canceled inside 30 days, the deposit is forfeited unless we are able to replace the reservation with another booking. Inside 7 days, the guest is responsible for the amount of the entire stay unless we are able to replace the reservation with another booking at the same rate. No exceptions to the cancellation policy can be made for weather, health related reasons, or family emergencies. You will be given a cancellation number at the point of cancellation. If your reservation deposit is placed into escrow, the money will be available for 2 years from the date of cancellation to be used as a deposit for another reservation. If there are future concerns regarding the reservation you will need to have your cancellation number available
If the city is damage, road closures, cancelled planned christmas events.. Can they still hold customers to their cancellation policy?

 

[Zigner]

I rented a cabin for the holidays. An unexpected wild fire occured in and around the town the cabin is located. There refund policy is as stated: reservations can't be canceled. No refunds. Should you need to change your dates or cancel, you can reschedule your reservation any time with no penalty as long as the change is processed at least 30 days in advance of your stay. The deposit is placed in escrow, to be held for 2 years, for a future reservation. For reservations canceled inside 30 days, the deposit is forfeited unless we are able to replace the reservation with another booking. Inside 7 days, the guest is responsible for the amount of the entire stay unless we are able to replace the reservation with another booking at the same rate. No exceptions to the cancellation policy can be made for weather, health related reasons, or family emergencies. You will be given a cancellation number at the point of cancellation. If your reservation deposit is placed into escrow, the money will be available for 2 years from the date of cancellation to be used as a deposit for another reservation. If there are future concerns regarding the reservation you will need to have your cancellation number available
If the city is damage, road closures, cancelled planned christmas events.. Can they still hold customers to their cancellation policy?

What US state are you located in? What US state is the cabin located in?

 

[TheGeekess]

What US state are you located in? What US state is the cabin located in?

Bet the cabin is in Gatlinburg, TN area.

 

[quincy]

I rented a cabin for the holidays. An unexpected wild fire occured in and around the town the cabin is located. There refund policy is as stated: reservations can't be canceled. No refunds. Should you need to change your dates or cancel, you can reschedule your reservation any time with no penalty as long as the change is processed at least 30 days in advance of your stay. The deposit is placed in escrow, to be held for 2 years, for a future reservation. For reservations canceled inside 30 days, the deposit is forfeited unless we are able to replace the reservation with another booking. Inside 7 days, the guest is responsible for the amount of the entire stay unless we are able to replace the reservation with another booking at the same rate. No exceptions to the cancellation policy can be made for weather, health related reasons, or family emergencies. You will be given a cancellation number at the point of cancellation. If your reservation deposit is placed into escrow, the money will be available for 2 years from the date of cancellation to be used as a deposit for another reservation. If there are future concerns regarding the reservation you will need to have your cancellation number available
If the city is damage, road closures, cancelled planned christmas events.. Can they still hold customers to their cancellation policy?

Does your contract say anything about cancellation by the other party (the owner of the cabin)?

Although the contract you signed indicates that there is no exception for cancellations due to weather, health or family emergencies, and it also states that there is no refund of your deposit for any cancellation that YOU make (although the deposit will be held for your use within two years), I do not see where you would not be entitled to a refund of your deposit if the problems in renting originated with the property owner.

For example, if the cabin no longer exists, you cannot be held to a contract for the rental of the cabin. If the cabin still exists and it is only the surrounding area that was destroyed by fire, on the other hand, you might have a harder time getting out of the contract, worded as it does to allow you to reschedule using the same deposit money.

You can contact the cabin owner to check on the status of the cabin and the rental (it is possible the cabin owner will refund your deposit without complaint), and/or you can have your contract in its entirety personally reviewed by an attorney in your area to see where you stand legally.

If this IS Gatlinburg, as TheGeekess suggested, and IF the cabin is still in condition to rent and still for rent (and you can actually get to it), you might find it an interesting vacation to stay at the cabin to help the residents of the town clean up and rebuild. That type of Christmas "event" might be more memorable and meaningful than the Christmas events previously planned. Just an idea.

 

[LdiJ]

Does your contract say anything about cancellation by the other party (the owner of the cabin)?

Although the contract you signed indicates that there is no exception for cancellations due to weather, health or family emergencies, and it also states that there is no refund of your deposit for any cancellation that YOU make (although the deposit will be held for your use within two years), I do not see where you would not be entitled to a refund of your deposit if the problems in renting originated with the property owner.

For example, if the cabin no longer exists, you cannot be held to a contract for the rental of the cabin. If the cabin still exists and it is only the surrounding area that was destroyed by fire, on the other hand, you might have a harder time getting out of the contract, worded as it does to allow you to reschedule using the same deposit money.

You can contact the cabin owner to check on the status of the cabin and the rental (it is possible the cabin owner will refund your deposit without complaint), and/or you can have your contract in its entirety personally reviewed by an attorney in your area to see where you stand legally.

If this IS Gatlinburg, as TheGeekess suggested, and IF the cabin is still in condition to rent and still for rent (and you can actually get to it), you might find it an interesting vacation to stay at the cabin to help the residents of the town clean up and rebuild. That type of Christmas "event" might be more memorable and meaningful than the Christmas events previously planned. Just an idea.

I really like that idea, but I will also add that the ability of the management to even return your deposit could be seriously compromised. If its the Gatlinburg TN area that is an area whose entire economy depends on tourism, and tourism is going to be seriously hampered for a very long time. How long do you think its going to take to get those older growth forests back?...or back enough to give it that picturesque quality again.

 

[quincy]

I really like that idea, but I will also add that the ability of the management to even return your deposit could be seriously compromised. If its the Gatlinburg TN area that is an area whose entire economy depends on tourism, and tourism is going to be seriously hampered for a very long time. How long do you think its going to take to get those older growth forests back?...or back enough to give it that picturesque quality again.

That area of Tennessee is beautiful. The loss of lives and the loss of the forests is devastating. I worry less about the picturesque quality of the area and the recovery of the forests than I do about the financial recovery for those who reside in Gatlinburg, though (although, admittedly, these can go hand-in-hand). It is hard enough to rebuild a single house after a fire but to rebuild over a thousand is a massive task.

That said, Gatlinburg is within easy reach of many other Tennessee attractions, and the tourist areas of the city itself, and Dollywood in neighboring Pigeon Fork, apparently were not affected by the fire. There is still plenty for a vacationer to see and do.

The question on the deposit refund could center on knowing whether the cabin is still standing and in an area deemed by officials as habitable. If the answer is yes to both, then the cancellation and refund policy seem to be covered under the contract terms mentioned, this despite the fire.

 

[LdiJ]

That area of Tennessee is beautiful. The loss of lives and the loss of the forests is devastating. I worry less about the picturesque quality of the area and the recovery of the forests than I do about the financial recovery for those who reside in Gatlinburg, though (although, admittedly, these can go hand-in-hand). It is hard enough to rebuild a single house after a fire but to rebuild over a thousand is a massive task.

That said, Gatlinburg is within easy reach of many other Tennessee attractions, and the tourist areas of the city itself, and Dollywood in neighboring Pigeon Fork, apparently were not affected by the fire. There is still plenty for a vacationer to see and do.

The question on the deposit refund could center on knowing whether the cabin is still standing and in an area deemed by officials as habitable. If the answer is yes to both, then the cancellation and refund policy seem to be covered under the contract terms mentioned, this despite the fire.

You are making good points. The point that I was making is that even if they really should get back their deposit under the terms of the contact, economically it might not be possible for the management company to do so. These kinds of disasters tend to put companies in dire financial straits, which often result in bankruptcy.

 

[quincy]

You are making good points. The point that I was making is that even if they really should get back their deposit under the terms of the contact, economically it might not be possible for the management company to do so. These kinds of disasters tend to put companies in dire financial straits, which often result in bankruptcy.

You've made good points, as well. I agree with you that more can be involved here than just the terms agreed to in the contract.