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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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We received the following email from a client and i have

Customer Question

We received the following email from a client and i have prepared a reply, but I almost feel that if I offer compensation that she will still post a negative review which will affect adversley affect possible future bookings.I'd like to know if there is any way of agreeing to pay compensation subject to her not posting any reviews on any social media or advertising sites?This is her email and my response:From: Jen Malabon [mailto***@******.***]
Sent: 01 November 2016 13:03
To: ***** ***** Villas
Subject: Re: Please find enclosed your arrival instructions - Villa Mar AzulDear *****
I would like to formally complain about the standard of the villa we recently rented through your company (Lanzarote Villa Holidays) in Playa Blanca. (Villa Mar Azul 22/10/16 – 29/10/16)
When I last spoke to you, you told me you would speak to the owners about refunding some of our money for the numerous issues we had with the villa. As we didn’t hear from you again I am keen to hear an update.
Whilst I appreciate you attempted to rectify a number of the issues whilst we were there, the terrible damp smell downstairs persisted throughout the week. Indeed, my family were unable to hang their clothes in the cupboards due to the stench of damp. The smell impregnated all their clothes which required thorough laundering on our return to the UK. This in addition to the catalogue of problems we had on arrival completely ruined our holiday and I found the whole situation stressful and upsetting.
The standard of the upstairs of the villa was acceptable (after you addressed some of the problems such as a z bed, towels, an outside tables and chairs, electricity cutting out, faulty external lighting additional crockery and glasses).
However the issues with the damp smell and the poor layout and décor of the downstairs were unacceptable to us.
As a result of this, I am requesting a partial refund of our money.
I appreciate that you offered us a full refund at the time which we wanted to accept and arrange alternative accommodation, however there was no other availability and so we had to make do for the week.
I would therefore request a refund of the money we paid for the extra people (to refund my family who had to suffer the awful smell downstairs)
This amounts to £495 (the villa was advertised at £1050 for 4 people, with £100 extra for the pool heater and wifi. We paid £1695)
I would be grateful if you could respond to this email as soon as possible as I am planning to post my reviews of our holiday this weekend.
Best wishes
JenniferDear *****niferThank you for your email and as promised I did speak with the owner. I decided not to visit you again as I felt it was better to leave you in peace to enjoy your holiday once I had provided the additional items you requested.I have discussed in length the issues you raised about the villa and as I indicated he feels that I acted swiftly in my responses to your calls and complaints. I provided the additional crockery and glassware within 14 hours of your arrival and the electrical problem was dealt with as promised on the Monday by a professional electrician (and I did provide you with a temporary light making it safe to use the stairs in the interim). He also feels that there is nothing wrong with the downstairs area and that it has been furnished with the same quality furniture (i.e. the beds were the same as the upstairs) and the décor is to as good a standard and to be honest I would agree with him. So, for these issues he will not authorise me to refund any monies.However, the issue of a damp small was something beyond our control. As you were aware I inspected the whole of the downstairs area and there was only a very small area that showed any sign of damp and having had a builder in this week after your departure, he felt that this would not have caused a problem with smell. We have been though the bathroom and found that one of the traps wasn’t holding as much water as it should have and this may have caused the odour that you smelt on arrival? The current guests have not reported a problem.The builder has suggested adding a few air bricks though out the downstairs area to help with air circulation whilst the downstairs is not in use.After providing the owner with the information given to me by the builder and explaining the upset you felt he has agreed to offer a refund of £250.Kind RegardsJason
Submitted: 1 month ago.
Category: Law
Expert:  Jamie-Law replied 1 month ago.

Hello my name is ***** ***** I will help you with this.

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