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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I own holiday rental apartments in Nice, France. I offer "complimentary

Customer Question

I own holiday rental apartments in Nice, France. I offer "complimentary free WiFi" . If for any reason the Wifi is not working when a visitor is staying at the apartment can they sue me ?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name is Tony, I can assist you with this.

tdlawyer :

Yes, potentially. This wifi forms part of the package and is a convenience feature. A failure to provide it might mean that they get the same service from elsewhere, such as via a mobile phone company and then seek to sue you for that added cost.

tdlawyer :

Equally, they could say that it caused disruption and/or disappointment to their holiday and as such, should be paid compensation for that too.

tdlawyer :

I have seen this argued in cases perviously.

tdlawyer :

previously ....

tdlawyer :

However, any compensation due to it is likely to be small in the grand scheme of things. Perhaps £50 or so at the most I would have thought.

tdlawyer :

Does this answer your question?

tdlawyer :

Is there anything you would like me to discuss with you?

JACUSTOMER-9edvxrt3- :

I do not want to put a long-winded clause into my letting contract. What wording would you suggest ?

tdlawyer :

How about something simple then, like:

tdlawyer :

"We shall not be liable in any way for any loss of Wifi service which we provide."

JACUSTOMER-9edvxrt3- :

I do not want to put a long-winded clause into my contract. Wghat wording would you suggest ? Perhaps " There is complimentary free Wifi. As with any wifi service it is not possible to guarantee the service."

tdlawyer :

How about something simple then, like:

"We shall not be liable in any way for any loss of Wifi service which we provide."

tdlawyer :

That way, you make it clear there is no liability, whereas your clause does not make that absolutely clear, it just says it cannot be guaranteed.

tdlawyer :

Are you there?

JACUSTOMER-9edvxrt3- :

I do not want to sound tough or unsympathetic towards my visitors, but a wifi signal will normally be beyond my control ! How about it if I take out the reference to 'complimentary' and simply say " We cannot be liable for any loss of wifi service "

tdlawyer :

Yes, that's absolutely perfect.

tdlawyer :

You don't need to refer to it being complimentary and most people in fairness accept that technology, especially the internet, can be on and off sometimes!

tdlawyer :

Is there anything else I can clarify for you?

tdlawyer :

Is there anything you would like to ask me?

JACUSTOMER-9edvxrt3- :

You're right about people's fairness, but I had a visitor who just happened to be a lawyer who demanded very heavy compensation because the wifi was not working for 4 days. Are you comfortable that the clause " We cannot be liable for any loss of wifi service " ? Please confirm or edify.

tdlawyer :

I think: "We are not liable ...." is better than "We cannot be liable ..."

tdlawyer :

I'm afraid I have to go shortly, so if there is anything you need from me, please let me know.

JACUSTOMER-9edvxrt3- :

Just one thing . I don't seem to be able to print our conversation.

tdlawyer :

I will need to ask customer services to send you an email of it once we end our session. Is that okay? Then you can print from the email.

JACUSTOMER-9edvxrt3- :

OK and thanks

tdlawyer :

Thank you!

tdlawyer :

Have a great weekend.