Cleaning Service - who is my contract with?

Roseth

I booked a cleaner through a website called hassle.com, who say they are a booking platform for cleaners in London. The cleaner stole several items from my flat, which I of course reported to hassle.com. They have tried to mediate between myself and the cleaner, but she is flatly denying it, and without any hard evidence on either side there is not a lot they can do to prove that she did or didn't do it.

The value of the items stolen comes to £54.49, which is slightly more than I paid for the clean. I have asked hassle.com if they can at least refund me, as this will go some way towards buying replacements, but they say that because the clean that I paid for was completed, they can't do that. They say their insurance only covers major things like fires or injury, not small things like this.

Am I correct in thinking that even though the cleaners are self-employed and they are just a booking platform, that because I booked and paid for the service through hassle.com, my contract as a consumer is with them, and not with the cleaner herself? They are claiming that it is an issue between myself and the cleaner, and all they can do is mediate.

They even claimed that booking through them is no different to booking through gumtree, or buying something on ebay. Surely that is incorrect? On gumtree or ebay you pay the supplier directly don't you?

I would really appreciate some advice. They are supposed to be calling me back tomorrow, and I'd like to be clued up on my rights before they do! Many thanks in advance.

bris

You need to report it to the police.

You can't expect a refund considering you don't have any proof the items were stolen, get a conviction and then you would have a case.

In fact the first thing I would have done is reported the theft to the police, not try and get a refund, wouldn't that come after.

Roseth

On reflection I probably should have done that in the first place. I just wanted to give them the opportunity to deal with it internally.

On further research I think I've found out that actually in the eyes of the law, they are correct in saying that as a booking agent they aren't liable for the actions of the cleaner. However they have just called me and offered me a full refund as a gesture of goodwill, so I'm happy that at least now I can replace the items.

romantic-rights

Surely though, if you are sure this cleaner stole your items, you'd want to report this to the police?

stevemLS

You've had a bit of a result, no employer can be held liable for the criminal acts of their employee.

They are liable in tort only for acts done in the ordinary course of their employment.

Their is old case law on this, something about a milk round, which my knackered old brain is too stuffed to remember just at the moment.