Travelodge smoking claim and CRS - what to expect next?

McKneff

Dont know where Travelode get their 'cleaning' prices from

99p can of Oust would do it.

unholyangel

ellay864 wrote: »

I can accept a smell of cigarette smoke...my brother and his partner both smoke, their clothes would smell of smoke and as they don't have wardrobes, the first thing inside the door is an open rail with their coats on that would smell of smoke. But I don't believe there's anything in their T&Cs that bans people who are smokers or may smell of smoke. And they may have seen cigarette packets but that doesn't mean they were smoked in the room.
They claim they need £150 as the rooms will need specialist cleaning and could nto be let out due to the smell...but they were quite happy to let them with the smell of smoke from the other fire

Thats also assuming the occupancy rate is 100%. I cant see it being taken to court. I'm pretty sure theres legislation (possibly unfair contract terms?) that states any charges for breach of contract must be realistic. If they are significantly higher than need be, it amounts to a "penalty" which is not enforceable.

I'm a smoker (ex-smoker sometimes) and even when smoking i can smell smoke a mile away. However i can also tell the difference between cigar/pipe smoke, cigarette smoke and other types of smoke (wood fire for example). I also know that even if you smoke outside, when you come inside, you will bring the smell of the smoke with you.

As others have said, its up to TL to prove there has been a breach of contract. Not the other way around.

Evilm

McKneff wrote: »

Dont know where Travelode get their 'cleaning' prices from

99p can of Oust would do it.

Because of asthmatics/allergy etc when they do have a smokey room they have to deep clean the room due to potential liability issues if the next guest that stays has an issue due to the smokeyness.

This usually means that not only do they hire/use a specialist team but that they can't use the room the next day (or have to discount it for a non-allergic guest).

unholyangel

Evilm wrote: »

Because of asthmatics/allergy etc when they do have a smokey room they have to deep clean the room due to potential liability issues if the next guest that stays has an issue due to the smokeyness.

This usually means that not only do they hire/use a specialist team but that they can't use the room the next day (or have to discount it for a non-allergic guest).

So i take it they do this deep clean every week to ensure theres no build up of dust (bad for asthmatics btw), also fine guests who happen to have pets and might leave pet hair in their room and i guess they have wooden floors in every room too along with those special covers for pillows you get?

There are plenty things more harmful to an asthmatic than the faint scent (or possibly non-existent scent) of cigarette smoke.

ellay864

Update: CRS have e-mailed me back to say that after reviewing my letter they've spoken to TL who have agreed to drop the case (like there ever was one!!). My friend who's paid her 'fine' has also been told she will be refunded. I'm sure they go this route as some people probably are frightened into paying and won't challenge them.
Re the cleaning and not using for 24hours, that's laughable as it was used the next day by my brother again...and as they didn't accuse him of smoking the next day I guess the smell had abated enough for them so not sure where that £150 would have gone!
Anyway thanks for all your comments - I did at least feel nicely armed if they'd taken it further

Evilm

unholyangel wrote: »

So i take it they do this deep clean every week to ensure theres no build up of dust (bad for asthmatics btw), also fine guests who happen to have pets and might leave pet hair in their room and i guess they have wooden floors in every room too along with those special covers for pillows you get?

There are plenty things more harmful to an asthmatic than the faint scent (or possibly non-existent scent) of cigarette smoke.

Not claiming its reasonable for them to do this - just that they do. However I know someone who has to arrange these. They were told that the hotel are forced to do it for Liability issues (and this isn't specific to TL either) and its usually a flat fee.

For the OP they've over reacted/been wrong but if they hadn't they may not have been able to use the room until it had been done once he'd checked out.


Yeah, it would be nice for them to do it for other reasons too.

unholyangel

Evilm wrote: »

Not claiming its reasonable for them to do this - just that they do. However I know someone who has to arrange these. They were told that the hotel are forced to do it for Liability issues (and this isn't specific to TL either) and its usually a flat fee.

For the OP they've over reacted/been wrong but if they hadn't they may not have been able to use the room until it had been done once he'd checked out.


Yeah, it would be nice for them to do it for other reasons too.

I guess i'm just a lil narked at the "think of the asthmatics" excuse. A faint whiff of smoke has never affected me. Different if the rooms were being smoked in all the time, the smell clings and lingers but thats just unpleasant for anyone.

TBH i think the "penalty" is purposely higher than need be to deter any would be smokers. Lets face it, if the fine was only £20 or something, some people would probably still smoke in the room and just pay the fine (rather than go outside when its cold/wet/late)

halibut2209

If they call it a penalty or a fine, then that's unlawful. A private citizen/company cannot fine another. All they could do is sue for actual losses.

ellay864

I just checked the letter...they carefully don't use the word fine or penalty. It's a claim for compensation to cover cost of cleaning, loss of rental opportunity and consequential damages. I allegedly breached their terms and conditions, and my actions amounted to conversion and trespass to goods...no idea what that bit means but I think it makes it sound scarier!!

halibut2209

Well I still agree that you should simply say the debt is denied and let them sue if they want (highly unlikely as they cannot prove that the room was smoked in).

But they cannot claim for loss of rental opportunity unless the hotel was fully booked.

It's all poppycock