Legal advice - Hotel health and safety failure. Hotels.com

esteban123

Hi All
I had taken my Girlfriend away to amsterdam for a city break. On checking out of the room and after a last minute check round to see if we hadn't forgotten anything I noticed that poking out from the bed was a rat poison box.
We had the rest of the day to enjoy in Amsterdam and rather than shout at the hotel receptionist on handing in the keys and causing a scene I thought I would submit a written complaint via email on my return to Hotels.com. Furthermore I didnt realise the extent of how much of a health and safety failure it was having it in our room. Hotels.com were the handlers/agents and thought that would be the best case of action.
However on sending and email and complaining, I recieved this reply from Hotels.com:

"Further to your correspondence regarding your reservation at .... Hotel.

Having completed my investigation, I am sorry to know about the rat poison found at the hotel.

I would like to inform you that we usually rate hotels using widely recognized industry standards and assign a class to help you with your hotel decisions. We evaluate many factors, including ac commodation, facilities, price and overall quality.

In this regard, I have contacted the hotel and discussed your comments with the Hotel Management. They have offered their apologies for the inconvenience you may have experienced.

Please find attached a written confirmation of inspection which suggest that no rats are found in our Hotel or any traces. However, considering that Amsterdam has always had a mouse problem and that these little creatures have invaded almost every building throughout the city, they are taking all the precautions necessary to avoid these kind of problems.

Considering the above mentioned and taking into consideration that the hotel did not receive any complain from you during the stay. I am sorry to inform that they have denied any refund on this booking.

Please be informed that this is a "hotel collect" property and the hotel is the billing party. We have not charged you for this booking, your card details were taken only to hold a room for you.

I regret any dissatisfaction caused to you in this regard. For further assistance please do not hesitate to contact me by replying to this email.

Kind Regards,

........"
I have photographic evidence and photos of the ratbox and the room and both the hotel and hotels.com have acknowledged and conceded that it was in the room.
I was wondering what legal grounds I have and what action I should take after recieving this email. I personally think they are trying to take me for a mug with this email, however I dont have the legal experience to know what to do next. I do want a refund.

Thanks!

DevCoder

Have you checked that its against any law or regulation in the Netherlands?

lucy03

Even taking into account any different Dutch laws usually in a situation where a hotel room is unusable you'd be able to take the hotel to court for all reasonable costs. These might include the cost of an alternative hotel room if it cost more, phone calls or transport costs to another hotel.

If you've stayed in the room without making any complaint to the hotel at the time, IMO then any legal claim is going to be very difficult.

DevCoder

But it wasn't unusable, the OP only noticed it after using the room and leaving.

lucy03

krisdorey wrote: »

But it wasn't unusable, the OP only noticed it after using the room and leaving.

Indeed, so any claim is going to be very difficult, there are no obvious provable losses here to claim for.

cookie365

esteban123 wrote: »

... rather than shout at the hotel receptionist on handing in the keys and causing a scene ...

It's possible to tell a hotel that there's a problem with your room without doing either of those things.

What's your loss exactly? It clearly didn't affect your enjoyment of the room, since you didn't notice it until you checked out, and you obviously didn't think it was important enough to actually raise with the hotel.

The response from hotels.com suggests the hotel thinks you're trying it on.

Blackbeard_of_Perranporth

esteban123 wrote: »

Hi All
I had taken my Girlfriend away to amsterdam for a city break. On checking out of the room and after a last minute check round to see if we hadn't forgotten anything I noticed that poking out from the bed was a rat poison box.
We had the rest of the day to enjoy in Amsterdam and rather than shout at the hotel receptionist on handing in the keys and causing a scene I thought I would submit a written complaint via email on my return to Hotels.com. Furthermore I didnt realise the extent of how much of a health and safety failure it was having it in our room. Hotels.com were the handlers/agents and thought that would be the best case of action.
However on sending and email and complaining, I recieved this reply from Hotels.com:

"Further to your correspondence regarding your reservation at .... Hotel.

Having completed my investigation, I am sorry to know about the rat poison found at the hotel.

I would like to inform you that we usually rate hotels using widely recognized industry standards and assign a class to help you with your hotel decisions. We evaluate many factors, including ac commodation, facilities, price and overall quality.

In this regard, I have contacted the hotel and discussed your comments with the Hotel Management. They have offered their apologies for the inconvenience you may have experienced.

Please find attached a written confirmation of inspection which suggest that no rats are found in our Hotel or any traces. However, considering that Amsterdam has always had a mouse problem and that these little creatures have invaded almost every building throughout the city, they are taking all the precautions necessary to avoid these kind of problems.

Considering the above mentioned and taking into consideration that the hotel did not receive any complain from you during the stay. I am sorry to inform that they have denied any refund on this booking.

Please be informed that this is a "hotel collect" property and the hotel is the billing party. We have not charged you for this booking, your card details were taken only to hold a room for you.

I regret any dissatisfaction caused to you in this regard. For further assistance please do not hesitate to contact me by replying to this email.

Kind Regards,

........"
I have photographic evidence and photos of the ratbox and the room and both the hotel and hotels.com have acknowledged and conceded that it was in the room.
I was wondering what legal grounds I have and what action I should take after recieving this email. I personally think they are trying to take me for a mug with this email, however I dont have the legal experience to know what to do next. I do want a refund.

Thanks!

Mien Gott!

Now, where is a rat trap near where I live, oh booo gar, there are a few at work as well.

Never mind though, a quick google and no doubt you will find some advice like you could be so inflicted with agony, that you will have only days to live. In fact, according to my local paper, I could had been intoxicated
http://www.stroudnewsandjournal.co.uk/news/11343850.Nu_Pro_latest__Health_advice_issued_by_Stroud_District_Council/

Alas, I was close to Flixborough 40 years ago, and guess what?

tomtontom

What was the issue with the rat poison? Is the girlfriend liable to eat it?

Blackbeard_of_Perranporth

tomtontom wrote: »

What was the issue with the rat poison? Is the girlfriend liable to eat it?

Perhaps problem was GF, and went to Amsterdam!!

DevCoder

Quite like this

https://www.youtube.com/watch?v=SA_MghuRygM

esteban123

hi all.

I'm from England. Here you would not dream of finding something like that. I didnt realise the extent of this until after the holiday. I go on holiday to try and relax from work and not get into confrontation. I am also of the experience where action is best achieved usually through formal complaint.

The issue I have is that surely in the Netherlands this is a breach of health and safety? You DO NOT expect to have poison in your room, let alone in a hotel. It IS a failure in health and safety.

Furthermore, using an excuse of "Amsterdam has a rat problem" (which is part of the reply i received from hotels.com) is laughable. London has a rat problem, never came across a rat box in stays there.

However I am inexperienced in legal rights and was looking for someone with perhaps experience in this / someone who perhaps has had a remotely similar case.

OR

experience of dutch / hotel law