Responsibility When Renting a Holiday Villa

[TwigtheWonderkid]

A friend (really) is renting a villa in France for a family holiday. The paperwork seems to make them fully responsible for the property whilst they have possession. So if it burns down whilst they are staying there, that's down to them.

Their travel insurance policy, and their own house contents insurance for their UK home, both have a personal liability section, giving them cover for damage to or injury caused to third party property or persons. But both have an exclusion in respect of property in their care, custody or control. So wouldn't cover a villa they are renting.

This seems fair to me. If I rent a villa or stay in a hotel, and I burn it down, even if I'm negligent (e.g. forget to unplug the travel iron), I wouldn't expect to be held responsible. Surely the owner of the villa/hotel pays extra for buildings insurance for that very reason, because insurers know all and sundry will be staying there, some of whom might be clumsy or careless. That's built in to the extra cost of the insurance for holiday lets.

So, my question is, it there a law that protects hotel/villa occupants from being pursued for costs of damage caused to the place they are staying? And if not, how do any of us protect ourselves from this potential disaster.

I've stayed in some pretty nice hotels, and I don't have the money to rebuild them should I burn one down!!!

[anonymous-user]

I've never stayed in an hotel that made me responsible for the building!

I think this is becoming more common with holiday lets but don't really get it. If I owned such a place I would make sure it was properly cover myself, as I do with my long term leased industrial units. The insurance is charged on to the tenant but that way I know it is properly covered. Much better than having to recover the costs in Court should the worst happen.

[V8forweekends]

We've done this one before -

http://www.pistonheads.com/GASSING/topic.asp?h=0&a...

[creampuff]

V8forweekends said:

We've done this one before -

http://www.pistonheads.com/GASSING/topic.asp?h=0&a...

Indeed and the correct answer is to say " fk you " to the idiots imposing this idiotic clause.

It is unenforceable for practical purposes anyway. What are they going to do if it burns down while you are there? Sue you? In a French court? What French assets have that they can enforce the judgement on, even if there was such a judgement?

[TwigtheWonderkid]

V8forweekends said:

We've done this one before -

http://www.pistonheads.com/GASSING/topic.asp?h=0&a...

Great, thanks.

[TwigtheWonderkid]

REALIST123 said:

I've never stayed in an hotel that made me responsible for the building!

How do you know? How many hotels have you destroyed? Do they have to tell you that you are responsible at the time of booking? Could they not just demand the money after the event if you were negligent, given that they never expressly told you that you wouldn't be responsible?

[creampuff]

TwigtheWonderkid said:

How do you know? How many hotels have you destroyed? Do they have to tell you that you are responsible at the time of booking? Could they not just demand the money after the event if you were negligent, given that they never expressly told you that you wouldn't be responsible?

In your case the contract clause says you are responsible in the case of negligence or just that you are responsible?

So if it gets struck by lightening and burns down, you are responsible?

[leyorkie]

Just renewing the insurance on our house here in France
First exclusion is anything caused intentionally by you. ( fraud obviously)
But further into the exclusions any theft or damage where negligence of the occupier is a factor is excluded, ie keys in door, front door unlocked when everybody is in the pool round the back,etc.

Looks like French insurance are following UK companies by trying to find ways of not paying out.
We are finding that items that were covered now need an optional premium.

[TwigtheWonderkid]

creampuff said:

TwigtheWonderkid said:

How do you know? How many hotels have you destroyed? Do they have to tell you that you are responsible at the time of booking? Could they not just demand the money after the event if you were negligent, given that they never expressly told you that you wouldn't be responsible?

In your case the contract clause says you are responsible in the case of negligence or just that you are responsible?

So if it gets struck by lightening and burns down, you are responsible?

It is making my friend responsible regardless of negligence.

[TwigtheWonderkid]

leyorkie said:

Just renewing the insurance on our house here in France
First exclusion is anything caused intentionally by you. ( fraud obviously)
But further into the exclusions any theft or damage where negligence of the occupier is a factor is excluded, ie keys in door, front door unlocked when everybody is in the pool round the back,etc.

Looks like French insurance are following UK companies by trying to find ways of not paying out.
We are finding that items that were covered now need an optional premium.

That's worse than any UK policy, which would cover negligence of the occupier.

[creampuff]

TwigtheWonderkid said:

It is making my friend responsible regardless of negligence.

This would not be enforceable in the UK and would be regarded as an unfair contract clause. I can't say about France.

Nevertheless, the sensible course of action would be to call up the agent or the landlord, say " fk you " and rent from somewhere else.

[TwigtheWonderkid]

creampuff said:

TwigtheWonderkid said:

It is making my friend responsible regardless of negligence.

This would not be enforceable in the UK and would be regarded as an unfair contract clause. I can't say about France.

Not sure about that. It's not uncommon in the UK commercial sector to rent a building and to be fully responsible for all repairs, regardless of how caused. Same if you hire a car. The hirer can insist you be liable for all damage. Including if a meteor hits it. You have to take out your own comp cover for it.

If it's in the contract, and you've agreed to it, then caveat emptor.

[TwigtheWonderkid]

creampuff said:

Nevertheless, the sensible course of action would be to call up the agent or the landlord, say " fk you " and rent from somewhere else.

Now that I agree with. It was my first bit of advice to him too.

[Marcellus]

If there is a local agent involved and you turn up to collect the keys and you've not got the required "tenants liability" insurance don't be surprised if they don't give you the keys no matter what time of day or season of the year it is.

I have known people try and "blag it" when checking in to a ski apartment and have to sleep in their car for 3 nights as they arrived on a Friday and insurers werent open until monday.

[anonymous-user]

TwigtheWonderkid said:

REALIST123 said:

I've never stayed in an hotel that made me responsible for the building!

How do you know? How many hotels have you destroyed? Do they have to tell you that you are responsible at the time of booking? Could they not just demand the money after the event if you were negligent, given that they never expressly told you that you wouldn't be responsible?

In answer to your questions:

I don't
None
I would think so.
I doubt it.

[anonymous-user]

TwigtheWonderkid said:

REALIST123 said:

I've never stayed in an hotel that made me responsible for the building!

How do you know? How many hotels have you destroyed? Do they have to tell you that you are responsible at the time of booking? Could they not just demand the money after the event if you were negligent, given that they never expressly told you that you wouldn't be responsible?

In answer to your questions:

I don't
None
I would think so.
I doubt it.