Opinions on aparthotel chasing for payment for damages

jake5585

Hello! First post here, hopefully this is the best place to post this.as I have been directed here from tripadvisor forums.

We recently stayed in an aparthotel in york and within 10minutes of checking in, damage was caused to the induction hob, smashing the hob entirely.

This resulted from a cupboard in the kitchen actually been a “maintenance hatch” as they are calling it and when we went to open the cupboard just like any other kitchen cupboard, the door fell down as it was not hinged and landed on the hob.

We reported this straight away but after checkout we had an email saying we were liable for £425 to replace the hob, and it was our fault etc.

I am refusing to pay this due to the fact that the kitchen cupboard which is actually a hatch had no warning signage as it should have, we checked room images online and this warning should be in place.

What do people think about this? There have been several emails back and forth between us and the Aparthotel, and yesterday we received a letter from them stating it was a final warning from them before taking legal proceedings

Unfortunatley I am unable to post any links with me been a new member to show the images we have of the apartment as evidence and also details of there emails and letter. I guess a couple of callouts I am arguing are:

- that we are not liable and negligence is on there side for lack of warnings and screwing in the hatch which looks like a cupboard, 

- the amount they are claiming has changed 4 times over the course of the emails and the letter.

- they have stated in the letter that if we do not pay then we will end up blacklist from booking on all 3rd party websites (is this a thing? or just scaremongering?)

I am currently trying to get some free time with a solicitor to get there view and also tried to contact citizens advice but unsuccesful up to now after been on hold for long periods

tightauldgit

If your story is accurate I don't see how you can be liable. If something looks like a cupboard (did it have a handle?) then they should expect someone to open it like a cupboard and if they don't want people to open it they should put a warning on it. They're probably lucky it didn't injure someone and only damaged the hob. 

If you've already made your response to them clear that you consider the accident resulted from their negligence and will not be paying the amount then simply tell them that you have given them your final response and will not be entering into further communication on the matter. Then see if they do take it to court (I doubt it for such a small amount relatively)

As for them 'blacklisting' you - how exactly would they propose to do that and why do they think third party businesses would indulge them? They can probably stop you from booking with them again but I presume you wouldn't want to return anyway. 

I don't think you even need advice on this but certainly see what they say - they sound like they are just trying to scare you into paying. 

sheramber

if you have legal cover on your house insurance contact them for advice.

tacpot12

It sounds like you have seen from the room images online that the hatch in this room, or other rooms identical to it, had a warning label/sign. Do you have any evidence that the hatch in this room did not have the warning label? The best evidence would be a photo taken with a SmartPhone, so that it is tagged with metadata that confirmed the date/time that the photo was taken. Have you captured the online images that show the warning label? If you do, then you are all set to go to court and win. 

If you do not have evidence that there was no label, then you need to consider how else you might convince the court that was no label at the start of your stay. You will have to make a witness statement to the court (if it goes that far), that the label was not present. A co-temporaneous note, or a note made as soon as you realise what had happened would be the next best thing to a photo of the hatch taken on the day of the accident. Get the person who opened the hatch to describe in every possible detail what they did, why they did it, why they weren't able to stop the hatch crashing onto the hob, and whether they hurt themselves when tryin to stop the hatch falling.   

Have you considered making a Without Prejudice offer, of say, £42.50, to the aparthotel to make the problem go away?  This is a very low ball offer (10% of the cost they are asking you to pay), but it needs to be this low because it is your contention that you have NO liability for their loss. It's a goodwill gesture because you feel sorry for them.  

Have you got legal expenses insurance as part of your Home Insurance Policy? If so, call the legal helpline before you do anything else (especially before making a Without Prejudice offer). They should advise you, and might even represent you in court. 

jake5585

tacpot12 said:

It sounds like you have seen from the room images online that the hatch in this room, or other rooms identical to it, had a warning label/sign. Do you have any evidence that the hatch in this room did not have the warning label? The best evidence would be a photo taken with a SmartPhone, so that it is tagged with metadata that confirmed the date/time that the photo was taken. Have you captured the online images that show the warning label? If you do, then you are all set to go to court and win. 

If you do not have evidence that there was no label, then you need to consider how else you might convince the court that was no label at the start of your stay. You will have to make a witness statement to the court (if it goes that far), that the label was not present. A co-temporaneous note, or a note made as soon as you realise what had happened would be the next best thing to a photo of the hatch taken on the day of the accident. Get the person who opened the hatch to describe in every possible detail what they did, why they did it, why they weren't able to stop the hatch crashing onto the hob, and whether they hurt themselves when tryin to stop the hatch falling.   

Have you considered making a Without Prejudice offer, of say, £42.50, to the aparthotel to make the problem go away?  This is a very low ball offer (10% of the cost they are asking you to pay), but it needs to be this low because it is your contention that you have NO liability for their loss. It's a goodwill gesture because you feel sorry for them.  

Have you got legal expenses insurance as part of your Home Insurance Policy? If so, call the legal helpline before you do anything else (especially before making a Without Prejudice offer). They should advise you, and might even represent you in court. 

Thanks for the response.
I do have an image of the online images which show the warning sign in other rooms and I also have a picture of the door when it had fallen where you can see no warning sign.

I have not considered making a without prejudice offer, my only issue with that is that it almost seems like I am accepting liability or some liability, but definitley something to consider if I get some legal advice.

Not 100% sure about my home insurance policy so I will check this later, good shout on that  

oldernonethewiser

Looks like I badly worded my original reply, since removed by the powers that be.

When I mentioned that the OP had replies on Tripadvisor to this question I was wondering if they had got anything useful that had allowed them to do anything about this and now needed further help.

I can understand not wanting to offer a token amount when you feel you have done nothing wrong and it was a failure of the letting company but at the end of the day it comes down to how much ongoing hassle you are willing to put up with.