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My rights? - Placement did not work out.

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Hi all,

So I am a student studying Spanish and I really wanted to use this summer as an opportunity to gain some work experience and practice my language!
I applied to many jobs and internships but was unsuccessful!
Therefore I resorted to applying for an internship with a certain company, I applied for a 2 month hospitality internship in Spain which cost 500 euros all in (400 euros for the 2 month placement and a 100 euro 'administration fee')

I was to work 35-40 hours a week and I would be living in the hotel or "if it was full" in an apartment nearby and my food would be provided for me. For my hardwork I was to be paid 200 euros a month from the hotel.

I arrived and it turned out the company had told the hotel I was arriving 10 in the morning while I arrived at 10 pm to a bewildered manager! Even though I gave the company my flight details. Then I was transported to an apartment 10 minutes drive from the hotel I was to work in where I lived with 2 spanish men who worked in the hotel. As a girl in her 20s this made me feel slightly uncomfortable!

My job was as a waitress in the restaurant in the hotel, clearing plates etc. There were no other girls working there and therefore no opportunity for friendship.
My shifts were - 8-12.30 in the morning and then 6.30-12.30 at night!
I was exhausted to say the least!
I left the hotel after a short time due to not being able to stand it anymore and also there were personal issues at home that I had to return home for!
I was never told when my day off was supposed to be or when I would be paid! As far as I know I was expected to work around 55 hours a week at least!

Does anyone know what rights I have in getting back the money I paid to the company as the contract was not fulfilled.
The company also did not provide any of the services they said they would such as offering an emergency contact number, orientation upon arrival or assistance throughout my stay.
The company did not contact me once throughout my stay there or after I had returned home.
Basically I have paid 500 euros for nothing, I did not receieve anything for my money. I am willing to accept only 400 euros back as the 100 euro was an administration fee.

I contacted the company and asked for a refund and they replied that I would not get a refund as I didnt give them notice of me leaving and for the fact that if I was unhappy they would find me another hotel. However, after this horrible experience I did not want another hotel where I was going to be treated the exact same way.

I considered trying to get the money back through a Visa chargeback? As they took my payment with my Visa Electron card.
Let me know what you think!

Thanks in advance.
Money is only of any use if you can spend it!:cool:
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Comments

  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Does anyone know what rights I have in getting back the money I paid to the company as the contract was not fulfilled.

    Surely it was you that did not fulfil the contract?

    Was the contract made under UK or Spanish Law? Was it a contract of employment?

    We really cannot advise without more details of what the contract was for.
    Gone ... or have I?
  • week
    week Posts: 546 Forumite
    To be honest the contract was very flimsy, it is just an A4 page with the hotel name, my supervisors name, how much money I would be paid and my job duties.

    I do not know if it was made under UK or Spanish law.

    It is entitled an Intern Contract.

    The company did nothing for me, they provided no service at all.
    I was employed by the hotel and did not have a contract with them.
    Money is only of any use if you can spend it!:cool:
  • I wouldnt think you've got a leg to stand on.

    Surely you knew what the job would entail before you started? You're the one that left them in the lurch?
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  • week
    week Posts: 546 Forumite
    I wouldnt think you've got a leg to stand on.

    Surely you knew what the job would entail before you started? You're the one that left them in the lurch?

    The job duties werent the problem - although there is a reason no other women worked as waitresses. It is written in my contract and on the website for the company that I would be working between 30-40 hours a week and in the short time I was there (less than a week) I worked 55 hours.

    You may be right but I think there is no harm in trying considering I have paid alot of money for nothing.
    Money is only of any use if you can spend it!:cool:
  • Ivory_Tinkler
    Ivory_Tinkler Posts: 1,089 Forumite
    For a hotel job in Spain those hours were not too bad at all. I knew a guy who worked for a hotel in Spain and he normally started around 6.30am - 7am for breakfasts up until lunchtime then he returned around 5pm to prepare for the evening meal and bar and regularly stayed until 1am the following morning. He had one day off each week but didn't always take the day off but as he didn't get much work in the winter, he chose to work his socks off in the summer to stash some cash! He worked damned hard too.

    When you signed up did you not get an idea of the work you would be doing and the hours?
  • week
    week Posts: 546 Forumite
    For a hotel job in Spain those hours were not too bad at all. I knew a guy who worked for a hotel in Spain and he normally started around 6.30am - 7am for breakfasts up until lunchtime then he returned around 5pm to prepare for the evening meal and bar and regularly stayed until 1am the following morning. He had one day off each week but didn't always take the day off but as he didn't get much work in the winter, he chose to work his socks off in the summer to stash some cash! He worked damned hard too.

    When you signed up did you not get an idea of the work you would be doing and the hours?

    I was told I would be working 30-40 hours a week and the job duties were not the problem.

    I am sure your friend was paid very well for it while I was being paid 200 euros a month. And whether or not you think these hours are reasonable (I was picked up at 7.30 every morning and arrived home at 1pm then was picked up at 6.10 at night and returned home at 1am) they are illegal. Even in Spain.
    Money is only of any use if you can spend it!:cool:
  • Ivory_Tinkler
    Ivory_Tinkler Posts: 1,089 Forumite
    I don't know how much my friend was paid but he got a lot of tips as he always had a smile on his face and was ultra polite! The holidaymakers just loved him (and so did all the kids - they all followed him around)!

    You didn't say if you were able to contact the employment company while in Spain? If you couldn't then I guess you could argue that you weren't able to contact them so were left with no choice but to return home. However, if you were able to contact them and didn't then they could say that you breached the contract.

    Maybe you just got a bad hotel that wasn't playing by the rules - 200 euros a month for a 55 hour week is slave labour but then if you got free bed and board and transport that might account for the low wage? Perhaps you could find out the appropriate authorities to report this agency ;)
  • week
    week Posts: 546 Forumite
    I don't know how much my friend was paid but he got a lot of tips as he always had a smile on his face and was ultra polite! The holidaymakers just loved him (and so did all the kids - they all followed him around)!

    You didn't say if you were able to contact the employment company while in Spain? If you couldn't then I guess you could argue that you weren't able to contact them so were left with no choice but to return home. However, if you were able to contact them and didn't then they could say that you breached the contract.

    Maybe you just got a bad hotel that wasn't playing by the rules - 200 euros a month for a 55 hour week is slave labour but then if you got free bed and board and transport that might account for the low wage? Perhaps you could find out the appropriate authorities to report this agency ;)

    There was no opportunity for tips as the guests food was already paid for and any drink that was bought the manager got the tips. I wasn't allowed to talk to the guests in the hotel but this wasn't hard as the hotel was 100% German and I don't speak a word!

    The only way to contact the company was through email which I had no access to. They never gave me a contact number. I know that the only help they would give is another hotel option which I doubt they would have offered me anyway since they gave me 4 options when I applied and they normally only offer 3. They were very unhelpful throughout the whole process and I had a couple of problems with them practically forcing me to go to a specific hotel and when I said no they were very cheeky. I should have known at that point not to pay them any more money!

    Yes the free board and accomodation would subsidise the 200 euro however, the accomodation was supposed to be either in the hotel or in an apartment close by but it was a 10-15 minute drive by car.

    Thanks for all your help and advice. I think I will go to the bank and ask about the Visa Dispute. ;)
    Money is only of any use if you can spend it!:cool:
  • Ivory_Tinkler
    Ivory_Tinkler Posts: 1,089 Forumite
    This might prove helpful and give you some useful links and information

    http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10027521
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    edited 13 August 2009 at 9:56PM
    Do you have proof that they broke the contract first? (maybe something like a pay slip with hours woked detailed on it for the week that you did work), it might come down to their word against yours and they definately have proof that you left.

    You may find it more difficult to complain/get reimbursed given that the hotel was abroad without local knowledge - you might need to find out what your legal rights are in Spain, as they may be very different to here. Given that you were employed in Spain your previous employer ought to have followed Spanish employment law as that's where the workplace was. It might be that you needed to have lodged a formal complaint and ask for a refund prior to leaving your placement. As it sounds like you too broke the agreement.

    Was it an agency you went through? Perhapse they are UK based, and if so the legal stance could be that UK law is applicable. If the company is UK based, you could ask Trading Standards for advice on where you stand, you ought to be able to find yout local trading standards advice centre contact number on your local council's webpages, or the yellow pages.

    Consumer direct number: 08454 04 05 06 (should be able to tell you your rights)

    Hope this helps
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