Can I cancel my apartment booking?

Questioner

This year we have reserved an apartment for Carnival from February 10 to 17, 2024. Last October we decided not to go and therefore cancelled. This is 5 months before our stay there. The landlord wants us to pay everything anyway if she cannot re-rent the apartment for that period. My husband no longer feels confident about skiing and doesn't dare to do it anymore. What are our rights. Our son has reserved this for us via email, together with his own reservation.

Lawyer

Cancelling a booking under Dutch law depends on the type of booking, the terms of the booking and the reason for cancellation. If there was a cancellation policy at the time you made the booking, those terms will apply. A rental agreement, such as for an apartment, usually cannot simply be cancelled. Whether this is possible depends on what has been agreed in the agreement between you and the landlord. If there are no specific cancellation policies and the landlord insists that you pay, you could try to negotiate a settlement. If this fails, depending on the circumstances, you could go to court to have the agreement terminated. In your case, there is a change of circumstances (you have decided not to go skiing). It is important to know that, according to Dutch law, an agreement cannot simply be terminated unilaterally. The fact that you have decided not to go skiing anymore due to a feeling of insecurity does not automatically mean that the agreement can be cancelled without any consequences. The landlord also has rights and can claim compensation for the loss he incurs because you decide not to go. However, if the landlord is able to re-let the apartment for the same period, this may waive the requirement for payment of the full booking amount. However, if the landlord is unable to re-let the apartment, you may still have to pay the full amount. In this situation I recommend seeking professional legal advice as the interpretation of the agreement and the applicable rules are very important. -------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.