Hot tub rental - faulty

KatieDee

Hi everybody,

I rented a hot tub over the weekend for a small celebration. The rental was supposed to be for three full days - dropped off on the Thursday evening and picked up on Monday.

When I went to switch the hot tub on to heat the water (which takes about 12 hours) on the Friday morning, it didn't work. An error code showed up which after a quick google, was an issue with the filter. I called the owner who sent out two people to fix it.

They couldn't get out until 3pm and it was around 5.30pm by the time they left. They had tried two other pumps before the final one managed to work. Due to the delay, I was unable to use the tub on Friday evening. The error code also came on during the celebration on Saturday (but I managed to sort it!).

I was slightly annoyed as I chose this company due to the fact it has been running for a while and only specialises in hot tub (not just a pop up company) and because they claim they test their equipment whenever returned. Although I cannot fault communication, I didn't really get the service I paid for and they clearly didn't test the two pumps I was given.

I intentionally paid for goods via PayPal, just in case something went wrong. Do you feel it would be acceptable to request a partial refund due to the fact I couldn't use the hot tub for the full period or should I just be grateful that they came to fix it?

Thanks

m0bov

Don't see why they can't refund you the Friday. The unit should have been tested before delivery and I gather they tested it after install? I would just politely request a refund for Fri.

HappyMJ

I think a refund for the Friday is acceptable and I don't see why they wouldn't refund you for that day. Goodwill is a very valuable asset. You want to tell your friends about your experience and they'll tell their friends. If you didn't get a refund you'd tell your friends to avoid that company. They don't want that.

susancs

m0bov wrote: »

Don't see why they can't refund you the Friday. The unit should have been tested before delivery and I gather they tested it after install? I would just politely request a refund for Fri.

Agree with the above, just email them and ask for a partical refund of one days hire as you only got two days use instead of three due to the unit being faulty on delivery.

KatieDee

I sent a text asking about a refund and her response is as follows:

"Hiya Katie sorry again only just got wifi, unfortunately I can't offer any partial refund if you had let me know before now I could have tried my best to extend your hire and give you a couple days free, however! what I can do is with you saying your going to book again next time I can give you a week hire for the price of a weekend:) thank you for your kind comments and I'm so glad you had a great time with the tub "

I advised that I had let her know the day the hot tub broke, then even asked her when pick up was expected and never, not once, did she mention an extension or anything similar. Obviously I won't be using this company again if this is their attitude.

Worth taking through the PayPal resolution system? I sent payment as payment for goods just in case this happened.

dacouch

They're having a bubble

unholyangel

You can either go through paypals system or have another try with the business owner.

If you do try the business again, I would specifically be drawing their attention to the fact that any term binding you to pay for services that have not been provided as agreed would undoubtedly be considered an unfair term and thus unenforceable. Also mention that another rental wouldn't be suitable as it was for a special occasion which has now passed.

You paid for fri-sun hire and that is what you should have received. You didn't and therefore they are in breach of contract. A fair resolution would be a reduction in price to account for the diminished service provided.

Schedule 2, paragraph 1, states that terms may be unfair if
they have the object or effect of:
(o) obliging the consumer to fulfill all his obligations where the
seller or supplier does not perform his.

KatieDee

Thank you unholyangel, some fantastic advice there.

I've tried again with the owner and she has said she absolutely cannot give a partial refund. Specifically -

Turning the unit on Friday morning instead of Thursday evening wouldn't have allowed you to use the tub as it wouldn't have been hot enough for Friday evening so although I see where you're coming from you'd have lost the first night by turning it on in the morning as opposed to the evening it was delivered (I was advised it took 12hrs at the most to heat and I originally turned it on at 7am).

The item was fit for purpose, I accept there was an issue but we came out, solved the issue and you were able to have a fun weekend with the tub. You said "It was fantastic :-) We would definitely rent from you again, it totally made the weekend!" If the tub wasn't fit for purpose you wouldn't have been able to have a fantastic time or have even used the tub. As I have said before I'm not trying to be difficult. Its company policy to only do refunds if the hire does not take place for any reason, not following completed hire periods. If we'd have had to take the tub away then of course we would have happily refunded you but as the hire was completed company policy prevents me doing this.

The deposit will be refunded to you this evening and will be back with you within 3-5 working days.

I'm on holiday at the moment and I won't have wifi soon as we will be travelling so I won't be able to get back to you, if you would like to discuss it further then please give me a call when I am back in the UK on the 18th.

Once again I'm very sorry the experience has fell short of our expectations on this occasion, the 50% off offer still stands if you are to book with us again in the future

To me, this doesn't make sense. The Saturday night was wonderful, I meant those compliments and I would have used them again - but they're being so avoidant about admitting I wasn't given the service I paid for.

How likely is it that PayPal will side with me? I'm reluctant to go to the resolution centre if its a non-starter.

unholyangel

KatieDee wrote: »

Thank you unholyangel, some fantastic advice there.

I've tried again with the owner and she has said she absolutely cannot give a partial refund. Specifically -



To me, this doesn't make sense. The Saturday night was wonderful, I meant those compliments and I would have used them again - but they're being so avoidant about admitting I wasn't given the service I paid for.

How likely is it that PayPal will side with me? I'm reluctant to go to the resolution centre if its a non-starter.

Tbh I have no idea personally. Only claims I've put through paypal were for goods not received rather than problems with a service only being partially completed.

Try paypal, if no luck then draft a letter before action to the business owner.

Who advised you it took 12 hours and when did they advise you that? Is it something you perhaps still have a record of (by email perhaps?).

Company policy cannot override law. Again, what the company are saying is covered by unfair terms. They cannot limit the redress you have.

Its not a credit note I know, but its related to terms excluding the right to monetary compensation. Its terms that have actually been used by companies but OFT have found they breach unfair terms legislation so the offending companies had to make changes.

Original term
Bennetts (Retail) Limited reserve the right in the event of a fault to
exchange the unit or part of the unit, or issue a credit note to cover the
cost.
Action taken
New term: In the event of a fault due to product failure, we will repair or
replace the item, or part of it, or refund the purchase price, at the
discretion of the purchaser

Original term
CUSTOMER REMEDIES – Microsoft's entire liability and your exclusive
remedy shall be, at Microsoft's option, either a) return of the price paid or
b) repair or replacement of the software or hardware that does not meet
Microsoft's Limited Warranty and which is returned to Microsoft with a
copy of your receipt.
Action taken
New term: Term disapplied to consumers

Original term
Refunds if applicable will be made by form of credit note redeemable
against any future works.
Action taken
Term deleted.

susancs

A paypal dispute won't cost you anything, especially if done after your deposit return, but if the hot tub would only have been ready for use on Friday, if turned on when delivered on Thursday by you, then it would be harder to win the case IMO. As unholyangel states if you have some proof in the form of an email or screenshot from the traders site that it should have taken 12 hours to heat the tub up, rather than the usual 24+ hours stated on a lot of sites, then you would have a stronger case.

KatieDee

I do have a text from her stating it takes 12/24 hours depending on the weather (it was warm this weekend) and the guy who came out to fix it told me 12 (although I know this is my word against his).

I tried to turn it on at 7am so even if it hadn't heated up fully, it would have been warm enough to use on the Friday night with around 9 hours to heat up. Regardless of this, it worked for an hour before stopping so even if I had turned it on the Thursday night after filling (which took two hours), I probably wouldn't have known until around 10pm at night (where it's unlikely they'd come out to fix it anyway) or until the next morning when I woke up to find it had an error code. The set up guys were not going to stay an extra three hours after installing just to see if the pump was working.

I feel she's making excuses and just ignoring the issue, which is making me more frustrated. It's like she's just ignoring the law.