Creative Training & Consulting

Thank you Revdex.com for your diligence and professionalismRegardless of the outcome, I appreciate your assistance
I have a problem with Mann and Sons response
Before I signed the contract, Mann & Sons staff (whether a broker or not is not my problem) stated the policy of no refunds only applied to cancellations within days of arrivalCancellations more than days prior to arrival resulted in only a 15% penalty and loss of the processing feeAfter I cancelled, they did a bait and switch by deciding the last sentence of their cancellation policy applied to ALL cancellationsA reasonable person would assume the last sentence only applied to the second, particularly after staff verbally committed to this factIf their policy was to NEVER reimburse, except when they find a replacement renter, that should have been stated clearly before all other verbiage i.eyour deposit is nonrefundable is pretty standard and clear languageIt was Mann & Sons responsibility to communicate a clear verbal and written contract and not misrepresent its intent
Further, when I cancelled, staff (a broker I presume) waited nearly a month to share their new interpretation of their contract with meThey left me vague voicemails and would not clearly state their intent to not reimburse me, as the contract and staff previously indicatedWhen I reached this staff person on the phone, he agreed the cancellation language was unclearYou can imagine my frustration
As to the offer, I did not accept the offer of $because they owe me $1400+Mann and Sons opines that this is all they can offer because it's their share of the commissionHow they split their fees and profit with the home owner, is respectfully not my problemMy problem is they already are keeping nearly $of my money for a home I did not rent, and provided fair notice I would not be rentingNow they want to keep another $of my moneyI find that unreasonable
What really bothers me is the lack of accountability for their staff mistakes and their poorly written contractI was a returning customer that played by the rulesWhen I rented the location in the past, I looked past some of the deficiencies in what they promised and filled out a customer survey to help them with future rentalsI'm just amazed how I have been treated
In closing, I shared with them I would be amenable to a reasonable solutionThus far, I have not been offered oneThank you for your time and efforts

Attached are the terms & conditions signed by Mr***Marked in yellow, the cancellation policy clearly states "A refund of rent & taxes shall be only remitted for the amount collected by a replacement Short-term Rental Agreement." At no point was interpretation of the cancellation policy
modifiedWhomever Mr*** allegedly spoke with regarding the "unclear" cancellation policy, it was not a licensed rental agent or brokerOn July 1, 2016, Mr*** informed us that he would not be able to occupy the rental property for the week of August 20, Every effort was made to re-rent the week (even at a discounted rate.) Unfortunately, the majority of summer vacationers have already found accommodations by July 1stIn a September 13th email, it was explained to Mr*** that we cannot refund money that does not belong to usOf the $2,total payment made by ***, $were funds paid directly to the ownerWithout the owners consent and reimbursement to our brokerage, we cannot refund that moneyMr*** was offered $which is the total profit for our brokerage...he declinedMr*** was also reminded that the property owner lost out on money since we only collected half of the rental fee and could not secure a replacement tenant

In 2016, we had over cancellations and everyone, except Mr***, understood the cancellation policyMr***'s preference for the word "non-refundable" is immaterial, but he was never told by any member of rental department that the full cancellation policy does not applyThe section in the terms & conditions is titled CANCELLATION POLICY and a reasonable person would read from the beginning to the end of that section to understand the complete policyOn October 25, 2016, via email, Mr*** was made an offer by the property owner for a 50% discount off any open future weekTo date, there has been no reply