Legal advice: holiday cottage kicks up a stink

In September 2021, Alexandra visited a four-star cottage she’d booked for £845 through Dream Cottages, but she soon found the accommodation wasn’t up to scratch.

In addition to dirty laundry bags and a mix-up that meant the water had been turned off (issues that were soon resolved) a leak had caused a strong damp smell throughout the cottage and meant Alexandra was unable to spend much time inside.

Case law precedents

Alexandra’s enjoyment of the cottage had been affected by its condition, so we suggested she may be eligible to get some of her money back.

Previous case law set a precedent: in the case of Jarvis v Swan Tours Limited from 1975, it was stated: ‘Where a contract is entered for the specific purpose of the provision of enjoyment or entertainment, damages may be awarded for the disappointment, distress, upset and frustration caused by a breach of contract in failing to provide the enjoyment or entertainment.

We advised Alexandra to make a formal complaint, referencing the relevant case law, and to request compensation. This was sent to the cottage owner, as the contract was with them rather than Dream Cottages.

After initially offering a low level of compensation, which Alexandra rejected, the cottage owners then offered a full refund. Dream Cottages said: ‘We’re sorry the experience did not meet our usual high standards. She received a full refund from us after the holiday.’

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