Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Please can you tell me what exactly was broken? Also, is it the management of of a hotel that are requesting payment for the broken equipment?
OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.
Many thanks for your patience. There is no legal requirement for you to have been present when the child was questioned. In terms of your liability, as the issue happened in Spain I cannot tell you what the locals laws state about that but in the UK, children will have their own legal responsibility for any damage caused, in the same way as adults. To be able to successfully claim against someone for damage it must be shown that they were acting negligently. The younger the child the more difficult that may be to prove. In any event, any claim must be made personally against the person responsible and it is unlikely that a child would have the means to pay compensation. Their parents or carers will not have to pay on their behalf. So such claims are extremely rare as they would be pointless.
You could have had liability under contract if you had signed a contract that made you personally responsible for any damage caused by those people in your booking group. This would depend on what was in the booking contract. Even if you are liable under that, assuming they did not deduct this from your deposit or from a card they held for you, the only way to force you to pay is to take you to court and win. I must say that the likelihood of them going to court is very low as it would involve a cross-jurisdictional claim between two countries, which is expensive and for the amount in question it would simply not be worth it.
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