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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a holiday let. A customer wants a 50% refund. I accept

Resolved Question:

I have a holiday let. A customer wants a 50% refund. I accept that I didn't act quickly enough to resolve the issues but I feel that she is a complainer. All the issues she complains about are not true and there are embellishments and inaccuracies. She is threatening to take me to trading standards/court. I am thinking of offering her a free long weekend as really don't feel a£300 refund is fair. Advice please?
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Briefly what went wrong?
Customer: The client went into the flat with her family on the Sat. On the Mon she rang the agent to say that she wished to bring some things to her attention. The agent asked her to put it in writing. An email to the agent was received on the Wed. The client said that the duvets and pillows smelt of sweat and were dirty, the oven hadn't been cleaned, she had found a nightie on the floor under the bed. The agent contacted me and I was concerned that these things hadn't been picked up on changeover by the cleaner. The agent said that the oven had been cleaned. What I should have done then was to ask the agent to go and check the bedding. I didn't. Subsequent emails from the client said that the DVD player wasn't working and the last email said that the broadband wasn't working and the oven wasn't getting higher than 140. All previous guests left glowing reviews and actually the following guests. No faults were found and the broadband had not been faulty. On changeover when the lady left she found a few stains on one duvet and a matted pillow. She then removed it from the property. I did have spare bedding and pillows in a cupboard but the family hadn't looked for the. I should have given information about this which I have subsequently apologised for. She said she had to buy two more pillows but we only found one that was matted. Protectors had gone missing and hadn't been picked up on changeover. The last email from the lady now says I have disgusting beds but doesn't elaborate. She described the few stains as chocolate, then body fluids then faeces! I have aplogised that things were not to her expectations and itemised how I would change certain policies. I am willing to give her and her family a free long weekend. The agent says it is nothing to do with her ad the contract is between the client and myself. However, the cleaner is organised by the agent and paid for directly from the agent. The client wants a £300 refund. The holiday cost £600.
Customer: thankyou, catherine
Alex Watts :

Thank you Catherine.

Alex Watts :

What does the contract between you and the agent say about inspection etc?

Alex Watts :

Have these problems been reported by previous customers?

Customer: There is an inspection expectation at changeover. No previous guests reported problems or the ones following these complainers. We rang them and asked them specifically about each problem identified by the compainent. Glowing reviews.
Alex Watts : Have you since been in to see if the problems exist ie DVD player.?
Customer: Yes no problems at all apart from cleaner missed reporting markings on duvet and pillow which we have now removed. Present guests happy with remaining bedding.
Alex Watts : Ok. Then you should offer a small refund. When you offer it say it is in full and final settlement, then if they agree that is the end of the matter.
Alex Watts : If they don't then they can consider taking you to the small claims court.
Alex Watts : Here a judge can decide what is reasonable.
Alex Watts : but if you get taken to court and lose the small claims costs are very limited and designed for these types of disputes
Alex Watts : However you should not be bullied into making a refund
Alex Watts : Clealrly I think a small amount is owed probably about £100 to £150 at the most.
Alex Watts : But nothing more
Alex Watts : Can I clairfy anything for you about this today please?
Customer: No that's fine, thank you very much.
Customer: catherine
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