Accident in rented villa
Discussion
My in laws came on holiday with us a couple of weeks ago, to a rented Villa in Kefalonia, owned by an English couple. The rental agreement states that the contract is under English Law.
On the day of arrival, my almost 75 year old father in law, walked in to the downstairs bathroom and had a nasty fall on a flooded wet tiled floor, due to a leak from the sink, which had spilled over the floor. He cut his leg, bruised his hip and, as he fell, banged his head on a window and cracked the glass. It could have been an awful lot worse.
To add to the issue, the Villa owner took 4 days to get someone to repair the leak, accuses us of removing a 'missing' washer from the sink and has charged us £50 for repairs to the window. He said there was no leak when he left the place a few days earlier. The sink is housed in a vanity unit so it is pretty daft to suggest that we'd tamper with it.
There were a few other issues too but the owners are being pretty unpleasant about the whole thing and denying anything and everything that their agent was aware of at the time.
Now, had they been more reasonable, we wouldn't have been so annoyed but they have really pissed us off now and, much as I despise these accident chasers, I just wonder if my F-I-L should talk to one and if they would do anything about it.
It has nothing to do with the money, just the attitude of the owners.
On the day of arrival, my almost 75 year old father in law, walked in to the downstairs bathroom and had a nasty fall on a flooded wet tiled floor, due to a leak from the sink, which had spilled over the floor. He cut his leg, bruised his hip and, as he fell, banged his head on a window and cracked the glass. It could have been an awful lot worse.
To add to the issue, the Villa owner took 4 days to get someone to repair the leak, accuses us of removing a 'missing' washer from the sink and has charged us £50 for repairs to the window. He said there was no leak when he left the place a few days earlier. The sink is housed in a vanity unit so it is pretty daft to suggest that we'd tamper with it.
There were a few other issues too but the owners are being pretty unpleasant about the whole thing and denying anything and everything that their agent was aware of at the time.
Now, had they been more reasonable, we wouldn't have been so annoyed but they have really pissed us off now and, much as I despise these accident chasers, I just wonder if my F-I-L should talk to one and if they would do anything about it.
It has nothing to do with the money, just the attitude of the owners.
Do you know, I'm not really sure.
Personally, I've said just drop the matter but he is really angry at the guy's attitude to his fall and his accusation of us 'tampering' with the plumbing.
I suspect that he wants to let the guy know that he has to deal with issues rather than be so aggressive to his clients and simply expect to get away with it.
As it is, he's simply held on to some of the deposit and been really arrogant and rude about it.
Personally, I've said just drop the matter but he is really angry at the guy's attitude to his fall and his accusation of us 'tampering' with the plumbing.
I suspect that he wants to let the guy know that he has to deal with issues rather than be so aggressive to his clients and simply expect to get away with it.
As it is, he's simply held on to some of the deposit and been really arrogant and rude about it.
Breadvan72 said:
The previous poster means well but displays his ignorance of the law (this being S, P&L, that is normal).
The contract is not worthless and if parties choose to govern a relationship by English law even when the subject matter of the contract is located outside the jurisdiction, they can usually do so. The contract was for a holiday rental and so impliedly provided for a peaceful and relaxing time (Jackson v Swan tours and all that). The owner was obliged to have the property in a safe and usable condition. There has arguably been a breach of that obligation.
It is true that a claim based not on contract but on tort (non contractual civil obligations) would be governed by the law of the place where the incident occurred, but if that place was in the EU than the Rome 2 Regulation would permit a claim to be made in the UK if both parties are in the UK.
Having said that, taking on the hassle of a claim just in order to educate the owner as to his bad attitude is possibly a bad idea, as others have noted.
I agree with you entirely and really struggle to see what my Father in Law may hope to achieve, other than possibly compensation. The contract is not worthless and if parties choose to govern a relationship by English law even when the subject matter of the contract is located outside the jurisdiction, they can usually do so. The contract was for a holiday rental and so impliedly provided for a peaceful and relaxing time (Jackson v Swan tours and all that). The owner was obliged to have the property in a safe and usable condition. There has arguably been a breach of that obligation.
It is true that a claim based not on contract but on tort (non contractual civil obligations) would be governed by the law of the place where the incident occurred, but if that place was in the EU than the Rome 2 Regulation would permit a claim to be made in the UK if both parties are in the UK.
Having said that, taking on the hassle of a claim just in order to educate the owner as to his bad attitude is possibly a bad idea, as others have noted.
I'm not sure how you can value a fall with no serious injury, although it could well have been.
Thanks!
Simple
I don't think he should take it further because he wasn't badly hurt at all.
But, the way that the owner has suggested that we tampered with the plumbing has really pissed us all off.
I don't mind what he wishes to do but think the owner has been an arse and it's really for my F-I-L to do as he sees fit.
If I'd been the owner, I would have contacted him at the time to see if he was okay and maybe offered a meal out or something for the family. I'd have also got a plumber out quickly.
I just asked what people thought.
I don't think he should take it further because he wasn't badly hurt at all.
But, the way that the owner has suggested that we tampered with the plumbing has really pissed us all off.
I don't mind what he wishes to do but think the owner has been an arse and it's really for my F-I-L to do as he sees fit.
If I'd been the owner, I would have contacted him at the time to see if he was okay and maybe offered a meal out or something for the family. I'd have also got a plumber out quickly.
I just asked what people thought.
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