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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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My iPad was stolen from the holiday apartment where my husband

Customer Question

My iPad was stolen from the holiday apartment where my husband and I were staying. Can I claim against the owners insurance. Can I also claim compensation as our quiet holiday turned out to be right next door to a building site. Deliveries were made outside the apartment on the road as access to the site was very difficult. We had stayed at the apartment the previous year without any problem. We would not have booked to stay there if either the agents or the owners had informed us of the building works. We arrived on the Wednesday afternoon and the site only became quiet on the Saturday afternoon. It was in the early hours of the Sunday morning that the burglary occurred. The owners and the agents both claim to have known nothing about the building works but I feel the owners claim is difficult to prove. What redress do I have?
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Is the theft linked in any way to the building works?

Max Lowry :

And did you purchase this as part of a package, i.e. with flights and/or with transport to the site etc?

Customer: The police told us that there had been a spate of burglaries in that residential area over the previous weeks. Our holiday was in Cornwall uk. We booked the holiday through Blue Chip holidays. We drove in our own car.
Max Lowry :

Okay, so this was really just the let of the apartment then?

Customer: Yes
Max Lowry :

okay. Did they describe the apartment as being "quiet" or anything like that, implying no building works?

Customer: It was I believe described as relaxing. It was advertised as a romantic Valentines day treat.
Max Lowry :

Okay - then you might have a claim for breach of contract, in that it was something that it was not described to be due to the building works.

Max Lowry :

You would be able to claim for loss of enjoyment during your stay.

Max Lowry :

This is a difficult thing to put a precise figure on, as every claim is different and the courts have a massive discretion on this. There is no legal precedent as such as every case must by definition be different.

Max Lowry :

That said, it might be something in the order of £500 or so. The damages for this type of things tend to be low in our legal system.

Customer: Who would I make the claim against the letting company or the owners. Blue Chip are still advertising the property without any mention of the building works. Also can I claim for the stolen I pad or would we have to make a claim on our insurance which we have never done before?
Max Lowry :

You would make a claim against the person your contract is with. Most likely, this would be the owners (if this was a company that lets out for lots of different owners), but you should check any written document that you have on this.

Max Lowry :

As for the stolen ipad, you're almost certainly going to have to claim on the insurance for this one.

Max Lowry :

Does this answer your question, can I assist further?

Customer: Yes it does. Thank you very much. I know which way to go with this now.
Max Lowry :

Fabulous - good luck in resolve this. If you need me in the future, just let me know.

Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience: LLB, 10 years post qualification experience
Max Lowry and other Law Specialists are ready to help you
Expert:  Max Lowry replied 3 years ago.
Thanks for rating me - have a great evening.

Max

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