Being taken to court...
Discussion
See what you think of this:
I was staying at a small hotel in a northern town earlier this year, on my own. The room was in a separate annex at the back of the hotel with it's own outside door. I went out for something to eat and a couple of pints and back to the room for an early night. I woke up at about midnight and realised my phone charger was in the car outside and the battery was low. Put boots and jeans on and went to the car for the charger. Came back and the door had shut and locked. I had no key.
Now here we are, what do you do?
In through the back door of the hotel into the lobby, the reception desk had a shutter down and no-one around. There was a bell on my side of the shutter so I rang it a few times but no-one came. I held the front door open and rang the doorbell a few times, again no response. Looking around there was a lounge type area I could get into with a settee and chairs, had a vague thought about trying to sleep on there but dismissed it. Then I saw a phone in an alcove with an after hours number next to it. I rang the number twice but no answer. I went out the back to my locked door and tried to slip the lock with my Costco card in the style of James Bond. Of course this just broke the card.
By now I had been locked out for about 45 minutes. I picked a rock up, broke the small pane of glass next to the lock, opened up, put the phone on charge and went to sleep.
The next morning I explained what had happened to the manageress and she said she would get it fixed. When I came back that evening it was fixed, the bill was just over £100. I offered to pay half but she said she would ask the owner. I heard nothing else until the next morning when I was checking out. My bill had the hundred odd pounds added to it. I explained to the receptionist, who I had never seen before, that I would pay half but not all the bill for the glass as I felt they had a duty to have a duty manager or at least someone contactable in emergencys.
Anyway I left with the room paid for but not the damage, they are taking me to court for £150 or so. I offered half of the origional amount throught the mediation service but they refused it.
So I am in court on October 27th.
Any thoughts?
I was staying at a small hotel in a northern town earlier this year, on my own. The room was in a separate annex at the back of the hotel with it's own outside door. I went out for something to eat and a couple of pints and back to the room for an early night. I woke up at about midnight and realised my phone charger was in the car outside and the battery was low. Put boots and jeans on and went to the car for the charger. Came back and the door had shut and locked. I had no key.
Now here we are, what do you do?
In through the back door of the hotel into the lobby, the reception desk had a shutter down and no-one around. There was a bell on my side of the shutter so I rang it a few times but no-one came. I held the front door open and rang the doorbell a few times, again no response. Looking around there was a lounge type area I could get into with a settee and chairs, had a vague thought about trying to sleep on there but dismissed it. Then I saw a phone in an alcove with an after hours number next to it. I rang the number twice but no answer. I went out the back to my locked door and tried to slip the lock with my Costco card in the style of James Bond. Of course this just broke the card.
By now I had been locked out for about 45 minutes. I picked a rock up, broke the small pane of glass next to the lock, opened up, put the phone on charge and went to sleep.
The next morning I explained what had happened to the manageress and she said she would get it fixed. When I came back that evening it was fixed, the bill was just over £100. I offered to pay half but she said she would ask the owner. I heard nothing else until the next morning when I was checking out. My bill had the hundred odd pounds added to it. I explained to the receptionist, who I had never seen before, that I would pay half but not all the bill for the glass as I felt they had a duty to have a duty manager or at least someone contactable in emergencys.
Anyway I left with the room paid for but not the damage, they are taking me to court for £150 or so. I offered half of the origional amount throught the mediation service but they refused it.
So I am in court on October 27th.
Any thoughts?
Well, you locked yourself out, and you broke the window, so I think it's reasonable to charge you for the damage. I do think that they overcharged for it though - one small pane of glass and some putty doesn't cost £150.
However, you'd think there should have been someone available, but does a hotel have a duty to have someone 'on-call' 24hrs a day? I don't know, but it does seem reasonable that there should be..
So, I'd say it's about 50:50, and seems strange that the hotel didn't want to mediate, and have gone for the court option....
My 2p worth anyway!
However, you'd think there should have been someone available, but does a hotel have a duty to have someone 'on-call' 24hrs a day? I don't know, but it does seem reasonable that there should be..
So, I'd say it's about 50:50, and seems strange that the hotel didn't want to mediate, and have gone for the court option....
My 2p worth anyway!
Davie_GLA said:
it's breaking and entering in their eyes.
As crap as it is, you are lucky to escape criminal proceedings.
As he paid for the room I doubt it'd be b & e, but I suppose it could be criminal damage. Unlikely though, I'd have thought, and he has offered to pay half of what the hotel wanted.As crap as it is, you are lucky to escape criminal proceedings.
Initially, I thought, you broke it, you pay for it. Simple. However, In the OP's defence, he immediately offered to pay half and he admitted he done it. He can suggest that they should have had someone on call 24hrs a day, and that £150 was extreme for a bit of glass. I'd say offering half was fair.
Chilli said:
Initially, I thought, you broke it, you pay for it. Simple. However, In the OP's defence, he immediately offered to pay half and he admitted he done it. He can suggest that they should have had someone on call 24hrs a day, and that £150 was extreme for a bit of glass. I'd say offering half was fair.
Why do they need to have someone on call?plasticpig said:
If this is a small claims track case and you were staying as an individual and not through your company then my first response would be to get the case moved to your local court. That may deter them from taking it further if it's a fair distance.
I did this but it was moved back to the origional place at the request of the claimant. I wasn't consulted just informed.Dupont666 said:
Chilli said:
Initially, I thought, you broke it, you pay for it. Simple. However, In the OP's defence, he immediately offered to pay half and he admitted he done it. He can suggest that they should have had someone on call 24hrs a day, and that £150 was extreme for a bit of glass. I'd say offering half was fair.
Why do they need to have someone on call?JohnnyJones said:
plasticpig said:
If this is a small claims track case and you were staying as an individual and not through your company then my first response would be to get the case moved to your local court. That may deter them from taking it further if it's a fair distance.
I did this but it was moved back to the origional place at the request of the claimant. I wasn't consulted just informed.Edited by bigTee on Wednesday 23 September 14:51
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