Lost money for unused part of rental

For a stay in Buenos Aires, Argentina, in December ’08, my husband, Roger, and I rented a flat for 13 nights on Anchorena. During our stay, Roger had a medical emergency that required us to leave early.

Upon our arrival in Buenos Aires we had signed a contract which, in my opinion, did not clearly state that in the case of our leaving early, the whole fee could be kept by the apartment owner. Nevertheless, the owner refused to return any part of the rental fee, although we stayed only four nights. Because we had (foolishly) paid in cash, we had no recourse.

We got this place through an online booking site based in Buenos Aires: RentinBA. We paid $1,477 for the rental, Dec. 7-19. This did not include a deposit of $625, which was returned to us after inspection of the flat.

In this case, we did not see a contract until we arrived in the RentinBA office in Buenos Aires on Dec. 7. Of course, we weren’t going to turn down the rental on the spot, as they had our deposit, so we went ahead with it.

This is the only time we have had this happen in our travels to more than 45 countries.

We have learned a lot from this episode. From now on, we will be wary about paying in cash and, up front, we will ask for a contract that stipulates the penalties.

SANDY LUDEMAN

Eugene, OR

ITN e-mailed a copy of Mrs. Ludeman’s letter to RentinBA (Cabello 3181, 6th Flr. Office C, Capital Federal - C1425APC, Buenos Aires, Argentina; e-mail info@rentinba.com) and was sent a copy of the agency’s reply to Mrs. Ludeman, which included the following:

It was the owner’s decision, and her decision alone, not to refund the money, her argument being that the apartment had been reserved since late August. The loss would have been wholly hers because she had turned away many offers and requests for the apartment during the three-month period while the apartment was reserved awaiting your arrival.

In terms of the — transparency — that you mentioned, you were more than welcome to request the contract ahead of time. I have attached the English translation to this e-mail, which states clearly in the seventh clause that the contract “is not variable nor negotiable by residents, for him or herself, nor a third party of any form, which would alter the clauses of the agreement signed upon in the present contract.”

I certainly understand your frustration with the entire situation, but… we acted on your behalf through the booking process and pre-arrival term, in addition to (during) your stay. I specifically spoke with you and your husband to answer all of your questions upon your arrival to the apartment, translated safe instructions, etc.

Please note also that the owner was aware of Roger’s condition… a medical condition was mentioned to her before your check-in, when you communicated it to me.

Please note I will inform her of your comments regarding the apartment and will forward your e-mail to the owner so she can hear your voice further and note the damage caused to our company because of her decisions. I hope the surgery is successful and Roger feels well soon.”

VERONIKA FERNANDEZ, Director of Real Estate & Marketing, RentinBA