Liability for accidental damage while on holiday

jackvaughn

Hi there,
Hoping for some urgent advice...

We are the last day of a 7 night holiday in Austria, with 'Ski World'.
We've been staying in a shared chalet with a number of other guests.

On Monday night, we returned to the chalet at just after midnight, and found that our key wouldn't open the door. (We later found this was because someone had dead-locked the door from the inside).

We had no response from ringing the door bell, and whilst knocking on the door, a large piece of glass smashed. Fortunately, I was wearing a ski jacket and gloves so was not cut.

Yesterday we were presented with a bill for the damage, which comes to €635!

We have refused to accept liability, as we do not believe that the glass should have broken so easily. At no point was excessive force used.

This morning, we were visited by the resort manager, with whom we explained the situation again, and were told it would now be escalated up to the Austrian managers attention.

Does anyone know where we stand legally?

Many thanks

Moto2

Have a read of your T&Cs and see what you're expected to be responsible for.
Doesn't me you are but it'll give you an idea where to target you argument.

Voyager2002

I suggest that you resolve the problem with 'Ski World' rather than with local management. That way, you are at least working in English, with a familiar legal system.

If the problem came to court in England, you would have at least two lines of defence: a pane of glass really does not cost that much; and a pane of glass that is "fit for purpose" would not have broken because you were knocking on the door, and so the accident was caused by defective workmanship rather than your behaviour. An additional point is that such an incident is probably covered by the travel insurance that you would have been obliged to take out.

jackvaughn

Thanks. We have already been dealing with ski world directly as the property is rented and run by them.

greenface

Not intouch with Austrian guide lines but as they are EU i expect them to be similar to ours . If the glass is less than Just under 3ft (800mm) off the ground or a foot (300mm) from the door it needs to be toughened (or very thick) the price seems expensive but on ski resorts often triple glazed top thermal value units are used so possibly is the price in Austria . If the glass is further away from this when you were knocking on the door either a. you were knocking with your ice pick .or b. the glass is unsuitable for purpose.

peachyprice

Your travel insurance should include personal liability cover and may also contain legal advice cover, give them a call, see what they say.

lovesgshp

How did someone deadlock the door from inside and how did they get out of the room?

peachyprice

lovesgshp wrote: »

How did someone deadlock the door from inside and how did they get out of the room?

It's a ski chalet, like a house, not a hotel room. So they would have deadlocked the door like you would your own front door and went to bed, probably not realising that some people hadn't returned yet.

lovesgshp

peachyprice wrote: »

It's a ski chalet, like a house, not a hotel room. So they would have deadlocked the door like you would your own front door and went to bed, probably not realising that some people hadn't returned yet.

So they were deaf then, or comatose inside. Strange situation, that those who they were sharing with did not realise they were not back.
Perhaps they should have tried to telephone the room from reception, or maybe ask them if they had a passkey that could overide the deadlock?

InsideInsurance

jackvaughn wrote: »

Does anyone know where we stand legally?

Your in Austria and so the incident and liability would come under their laws. Not anywhere close to an expert on austrian law

As already suggested, speak to your insurers as it will have public liability cover

peachyprice

lovesgshp wrote: »

So they were deaf then, or comatose inside. Strange situation, that those who they were sharing with did not realise they were not back.
Perhaps they should have tried to telephone the room from reception, or maybe ask them if they had a passkey that could overide the deadlock?

I take it you've never been skiing or stayed in a chalet? There is no room to phone, there is no reception to phone from. It's a self contained house, not a hotel.