Theft from a Hotel

AHodders

We recently got married at a hotel in the UK. The hotel staff took all our presents and cards and locked them away when we had dinner and gave them back to us the next morning.
When we opened the presents later that day, we realised that £280 in gift vouchers were missing.
We discussed this with the hotel who said that nothing had been found at the hotel and they assured us that nobody had access to the locked room where the gifts were stored and that they key had been locked away all night. The hotel called the Police but despite finding fingerprints, they have not found a match on their system yet.
The hotel have now written to us stating that as the items were locked away and nobody had access to them it is not their responsibility.
We know the items were left and we know we haven't received them so they must have been taken whilst in the hotel's care.
Does anybody know where we stand legally in respect of this?
We have been told that the best way forward is to start proceedings through the small claims court for the £280 and we have been told that we can also claim compensation for the distress caused - does anybody know if we have to state a figure on the small claims for this distress?
Thanks in advance.

dmg24

I once had a CD Walkman stolen from my hotel, and got exactly the same response from the hotel. I reported it to the police, and claimed from my home insurance. Sadly hotels seem to get away with this all too often.

jonesMUFCforever

Did you take out any kind of wedding insurance?

qwerty123456

All hotels' liability is limited by law to £50. You won't be able to claim anything more from them as when you booked the hotel you agreed that you were happy with this.

Crabman

qwerty123456 wrote: »

All hotels' liability is limited by law to £50. You won't be able to claim anything more from them as when you booked the hotel you agreed that you were happy with this.

Yes you will; it was in their hands at the time of the loss.

The hotel agreed to keep the items secure and the police have found an unidentified fingerprint, thus indicating presence of entry by an unauthorised person.

The hotel is responsible - if they don't play ball, do as suggested above and threaten Small Claims Court + compensation for distress caused. Good luck

x-spendthrift

I don't know how you stand legally, but just wanted to wish you all the best in getting your money back! This is the last thing you need after all the stress and hard work that's involved before a wedding for you to be now be faced with this!! Anyway all the best and CONGRATUALTIONS to you both!!x

qwerty123456

Crabman wrote: »

Yes you will; it was in their hands at the time of the loss.

The hotel agreed to keep the items secure and the police have found an unidentified fingerprint, thus indicating presence of entry by an unauthorised person.

The hotel is responsible - if they don't play ball, do as suggested above and threaten Small Claims Court + compensation for distress caused. Good luck

You need to look at the Hotel Proprietors Act 1956. This limits the liability of any hotel in the UK to maximum compensation of £50. What makes you think that just because you say, they should provide more compensation?

Crabman

qwerty123456 wrote: »

You need to look at the Hotel Proprietors Act 1956. This limits the liability of any hotel in the UK to maximum compensation of £50. What makes you think that just because you say, they should provide more compensation?

So hotels are free to go stealing/mislaying customers items and are only responsible for £50 of it? :think:

I would expect if the police find evidence, as they have done, of unauthorised entry... the hotel would be liable as they have failed to keep the premises secure. The Hotel Act to which you refer doesn't cover negligence otherwise what would be the point in asking for valuables to be kept in the safe if they could go missing without liability.

AHodders

qwerty123456 wrote: »

You need to look at the Hotel Proprietors Act 1956. This limits the liability of any hotel in the UK to maximum compensation of £50. What makes you think that just because you say, they should provide more compensation?

The Hotel Proprietors Act 1956 doesn't come into play as it states in the Act "is limited to £50 for any one article and a total of £100 in the case of any one guest, except in the case of property which has been deposited, or offered for deposit, for safe custody;"

As they took the items from us for safe custody, they are then liable for the loss aren't they?

AHodders

AHodders wrote: »

The Hotel Proprietors Act 1956 doesn't come into play as it states in the Act "is limited to £50 for any one article and a total of £100 in the case of any one guest, except in the case of property which has been deposited, or offered for deposit, for safe custody;"

As they took the items from us for safe custody, they are then liable for the loss aren't they?

PLUS, we think we deserve compensation from them as I spent the first 3 days of married life in tears trying to sort out things with the hotel who weren't bothered.

You don't work there do you?

crazyhazel

I think that you would have a good case, obviously no one is going to jump up and say we are at fault and they would rather brush the whole situation under the carpet. If you book a room and the hotel has both room safes and safety deposit boxes - they state that only the safe deposit boxes that they have control over would be covered in the event of a loss. Surely then that means if they had control and access to where ever you placed your items then they are responsible!!!