📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Travelodge smoking claim and CRS - what to expect next?

13

Comments

  • Sounds like the sort of civil recovery scam retailers use. The onus is fairly and squarely on TL. With regards to proof of the fire, contact the Fire and Rescue Service for the area the TL was in and ask for written confirmation they attended a fire at the premises near the TL. If TL and CRS continue to assert a claim, demand evidence, otherwise, it's harassment and, possibly, attempted fraud by false misrepresentation on their part.
  • ellay864
    ellay864 Posts: 3,827 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    This has been resolved, they admitted no case to answer. And it was about smoking, not a fire so no need for any rescue service!
  • After receiving a "fine" for smoking in a bedroom I contacted Travelodge directly and after telling them I was not a smoker they cancelled the claim. I then filled in a satisfaction survey for the helpfulness of the man who contacted me and was able to state that I thougt it was impolite and illegal to send fines via civil recovery firms, as their protocol should involve writing by email then by post to the paying "guest" first and as a last resort call in a civil recovery firm. It is annoying if people smoke in hotel rooms but this is certainly not the way to go about sorting it out. Especially when they get the wrong person...
  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    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.

    This is the exact point.

    I smoke Davidoff, and therefore my car smells of Davidoff cigarettes. I can tell the difference between what I smoke, and for example, Marlboro lights (which I do occasionally smoke), in one breath.

    If the packets don't match up to the smell (and surely there's a smoker working in the hotel), then there won't be a lot that the hotel can do, especially if it doesn't smell like cigarettes at all.

    CK
    💙💛 💔
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This subject will be covered on next Wednesday's BBC Watchdog
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I have a simple solution to this: whenever I go to a hotel with this sort of charge for smoking in the room, I take a few old dog ends in my pocket, and leave some on the outside windowsill, and the rest on the ground outside.

    Then I go straight back to reception, and insist that someone comes to the room to see the evidence that the previous occupant must have been smoking, and get them to agree that I won't be charged.

    I can then enjoy a fag with my morning tea without worrying about their silly no-smoking policies.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Smoking in hotel rooms is a criminal (?) offence and you can be fined for doing so. Why should us non-smokers have to endure the stench of the room you've just vacated?
  • squeaky
    squeaky Posts: 14,129 Forumite
    10,000 Posts Combo Breaker
    bargepole wrote: »
    Then I go straight back to reception, and insist that someone comes to the room to see the evidence that the previous occupant must have been smoking, and get them to agree that I won't be charged.

    And then the unsuspecting previous occupant gets charged by the hotel for smoking in the room?
    Hi, I'm a Board Guide on the Old Style and the Consumer Rights boards which means I'm a volunteer to help the boards run smoothly and can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com. It is not part of my role to deal with reportable posts. Any views are mine and are not the official line of MoneySavingExpert.
    Never ascribe to malice that which is adequately explained by incompetence.
    DTFAC: Y.T.D = £5.20 Apr £0.50
  • 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).

    This. I have dust allergies and was once forced to take a 'smoking' room (this was years ago) and it was one of the worst nights I've ever spent. At 3am thinking is it worth just getting up and driving home?
  • bod1467 wrote: »
    Smoking in hotel rooms is a criminal (?) offence and you can be fined for doing so. Why should us non-smokers have to endure the stench of the room you've just vacated?

    Smoking in hotel rooms is not illegal - it was one of the exemptions allowed in the smoking ban, as effectively your hotel room is your private residence for the time you have it. But many hotels choose to ban it because it makes it easier only having one type of room and cleaning is easier. So it makes it a matter of contract law.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.3K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.4K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.