Disputing damage to holiday property

discodancing

Hi all, looking for advice on below.

My boyfriend and I checked into a lodge with a hot tub on Sunday evening.
We spent 30 minutes in the hot tub but had to leave due to the swarm of midges making it unbearable.

The morning after, we were out on an excursion with no mobile signal. During that time we received a message from the property owners saying they had inspected the hot tub and 'and we are absolutely shocked at the state of it. You have popped it. It is absolutely filthy dirty with staining to the flooring of blue dye. It is covered all over the sides with filth and scum. The lid is filthy dirty. A new filter replaced yesterday is shockingly dirty. We now have to completely empty the remaining water. We ask that you return immediately to take your belongings and vacate the property. Your stay is terminated. You are in breach of our guidelines and are therefore with immediate effect requested to leave.'

We were so shocked to receive such a message as it was only two of us - both in our mid 30s - sitting in a hot tub for 30 minutes causing no damage at all. The property owners also sent two threatening voicemails that they would remove all of our belongings from the property if we did not return immediately.

We returned and inspected the hot tub. There was no water left as they had emptied it whilst we had been away (again very odd to do this without showing us the above accusations as evidence surely?) so I could not see what they were disputing. There was some slight blue stains but that isn't proof that it was caused by us and not someone else as it was on the bottom of the hot tub.
By being asked to leave, we lost out on our second nights stay, £160, and our £150 security deposit. We felt we had no option but to accept as we did not feel comfortable arguing with them as they live on the site.
Today I have two pending amounts on my debit card £850 and £290 which the property owner has taken without any authorisation from me or any prior notice. I booked the accommodation directly so I assume this is how they have my details. I have spoken to RBS who haven't been very helpful and I have to wait for the payment to be withdrawn to start a chargeback. Perhaps I am naive, but I am so shocked a business can remove such large sums of money without any authorisation or intervention from the bank.
I have contacted the property owner asking for below:

• Evidence of any damage to the hot tub that was caused by us during our stay.
• Evidence to show that the damage was inspected and that it could not be repaired.
• Itemised breakdown for the charges that are showing as pending on my account £850 and £290.
• Evidence of what the £150 deposit has been used for.

Which I have still not received as they are using excuses as to why they cannot send any evidence yet - cleaning and Coronavirus and ordering a new hot tub. I have evidence of the condition we left the hot tub in when we vacated it (around 20:30) so will dispute any evidence they provide to the contrary.
I am guessing my only option is to seek legal advice and to pursue a chargeback from the bank?

born_again

Any authorisation for charges is covered in their T/C you agreed too.
A reminder. A chargeback is not a guarantee that you get the money back. As the retailer has the chance to contest it.

What is odd is why given that you had only been in 1 day were they checking the lodge? Most never bother checking anything till you leave.

LadyDee

Did you see the owners when you returned to the property?  I wonder, if they own other lodges, they have you mixed up with other holidaymakers in another lodge?  

Spank

I doubt that why else would the hot tub be empty?
I think they are either trying it on or a animal took a dump in the tub

Barny1979

I've had similar at a holiday home where there was accusations made about a hot tub, when all guidelines had been adhered to.

discodancing

born_again said:

Any authorisation for charges is covered in their T/C you agreed too.
A reminder. A chargeback is not a guarantee that you get the money back. As the retailer has the chance to contest it.

What is odd is why given that you had only been in 1 day were they checking the lodge? Most never bother checking anything till you leave.

They state the check the hot tub every morning for 'insurance reasons'.

discodancing

Little update - owner has refused to send me any invoices to cover all of the expenses - I can deduce this is due to the fact they are lying and have not bought a replacement hot tub. Their images they sent as proof of damage to the hot tub are laughable, they do not show any damage and are not time stamped. I have started charge back proceedings and will start a claim against them through the small claims procedure for all extra losses I incurred due to their behaviour. I have found someone else on Facebook who had a similar experience with them earlier this year. Completely shocking behaviour from them. They have a high rating on Air BnB but do not allow Facebook reviews, do not have a Tripadvisor page and have removed their Google Business reviews (I have been told it was sitting at 2.8). Absolute crooks. They must target people who book directly as they can easily access extra funds.

visidigi

Have you checked the photos they have sent for any EXIF data? Might show where and when the original was taken...

roytom2

Trading Standards? You may wish to refer this matter to them?

Jumblebumble

discodancing said:

Little update - owner has refused to send me any invoices to cover all of the expenses - I can deduce this is due to the fact they are lying and have not bought a replacement hot tub. Their images they sent as proof of damage to the hot tub are laughable, they do not show any damage and are not time stamped. I have started charge back proceedings and will start a claim against them through the small claims procedure for all extra losses I incurred due to their behaviour. I have found someone else on Facebook who had a similar experience with them earlier this year. Completely shocking behaviour from them. They have a high rating on Air BnB but do not allow Facebook reviews, do not have a Tripadvisor page and have removed their Google Business reviews (I have been told it was sitting at 2.8). Absolute crooks. They must target people who book directly as they can easily access extra funds.

It is easy to prove if they are lying.
Ask to see evidence that the insurers insist on daily checking
Possibly advise that if you are charged for a new tub then you want the old one
Advise  bank that you will be prepared to go to the ombudsman if they don't play ball.
It has the effect of concentrating minds wonderfully as the bank will try and fob you off

wesleyad

I'd say they have ventured into fraud territory, if they are making up the events, not allowing you to see the evidence/destroying evidence at time and then trying to charge £1000 extra to cover the "damages".
Highly unlikely anyone is going to take this seriously, but mentioning "action fraud" to them might make them think (especially with the other person you mentioned). Then report them anyway