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MARTINT330
MARTINT330,
Category: Property Law
Satisfied Customers: 142
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My friend booked and paid for a house last week for 7 days

Customer Question

Hi My friend booked and paid for a house last week for 7 days via AirBnB. We split the cost of the booking and whilst I was at the house my car was damaged . Basically there was a metal rail on the gate entrance and we were told we had to go through the gate and park up. We were told explicitly not to park anywhere except on the otherwise of the metal rail (so had to drive over it). There were no signs on the gate ot anywhere on the property premises confirming that cars with low clearings could be damaged . There were no notifications on the advertising in AirBnB and the host did not tell us . During the trip my undercarriage got damaged and as a consequence my Air Conditioning has stopped working and now I need to get Mercedes to inspect . What is the best way to get the damages recovered , even though the booking is under my friends name?
Submitted: 19 days ago.
Category: Property Law
Expert:  MARTINT330 replied 19 days ago.

Hello I am happy to help with your enquiry tonight.

Customer: replied 19 days ago.
Thanks Martin
Expert:  MARTINT330 replied 19 days ago.

It is actually very straightforward. You need to call the owner and notify them of the damage and the amount and ask that they pay for the damage cost.

Expert:  MARTINT330 replied 19 days ago.

If they dispute the damage and or liability you should then send a pre action notification letter.

Customer: replied 19 days ago.
Thanks I have asked for the owners email from my friend who booked. What specific laws has owner broken
Expert:  MARTINT330 replied 19 days ago.

Then give them 21 days to respond. I am happy to guide  further when the defendants further response is received.

Customer: replied 19 days ago.
Thank you
Expert:  MARTINT330 replied 19 days ago.

They as the owner had a responsibility not to cause damage and or injury to anyone or anyone’s property under occupiers liability. However I anticipate the defendant may raise contributory negligence ans allege that you may have at least partially caused the damage by driving.

Expert:  MARTINT330 replied 19 days ago.

This is where evidence and images of what caused the damage and the damage sustained will be important. Also ask the repairing garage to detail what they believe caused the damage.

Expert:  MARTINT330 replied 19 days ago.

Please let me know if I can help any further.

Customer: replied 18 days ago.
I wrote this letter
Customer: replied 18 days ago.
Twickenham
TW2 5LL06 Sept 2021Ms. Rogeria
Stone Barn
Ware House “The Property”
Ware Hill, Ugborough, Ivybridge
PL21 0NZRe: Damage to Mercedes Benz Reg. MA12 ROB from the Gate of your property
Dear *****ia,
I booked a week’s holiday at your property through Air BnB from 28th August 2021 – 4th September 2021, with friends and family.
The weather was hot, and we benefited from clear days for the whole week.
The property is advertised on Air BnB offering parking for 4/5 cars.
The Air BnB advert clearly states (under the heading Additional rules) “Parking only inside the property gates.”The Property gates also have a sign on the inside of the gate confirming no parking outside of the gate.
The Property Gate has a metal barrier on the floor that one must drive over to comply with the clear instructions on where to park.
Damage
During the stay at the property, I drove very slowly over the metal barrier and after a few days I heard a sound of metal against my car and then something scraping under my car. It was a mud guard from my car that had become dislodged because of the height of the metal barrier between the gates. As soon as this happened, I stopped the car, asked my family to exit the car and I turned off the ignition.
I removed the damaged mud guard and noticed other mud guards had also become lose. We then continued our journey to the beach and when I turned on the Air Conditioning (which was working perfectly to that point), it gave out warm air.
The following Day I called Andrew (your agent) and explained that my car had been damaged by the metal barrier and that I was unwilling to park inside the gate, which was agreed. Then on the 31 Aug 2021 (just 3 days from us arriving at the property) I had to take my car to a local garage (Ugborough Garages) as the Air Conditioning was not working and the mud guards were damaged. The garage was unable to fix any of the issues but did attempt to fix the Air Conditioning unsuccessfully.
On the 06th September 2022 I contacted Andrew (your agent) to ask for your contact email and number and he asked that I contact you through the AirBnB system.
Costs
So far, I have incurred £40.48 already from a local garage to check the AC system. I will need to order replacement mud guards and have them fitted. The car has only ever been serviced through Mercedes approved dealers and suppliers and I have now booked in an inspection for the Air Conditioning on the 07th of September 2021 which will cost around £180 per hour.
The car is a flagship model and retails around £80,000 for the basic model when purchased new.
There are no signs inside or outside the property warning that the metal barrier between the property gates can:
A. Cause damage to cars
B. is unsuitable for cars with a low clearance
A metal barrier of the type at your property is very unusual and details of it should have been specified in the Air BnB advert. In addition, a simple sign warning of the unsuitability to vehicles with low clearance should have prominently been displayed. Had these reasonable and simple precautions been taken I believe that the damage incurred to my car could have been completely avoided. I drove extremely slowly over the metal barrier and as soon as the damage occurred, I stopped and didn’t go over the metal barrier again.
I therefore believe that as the host and proprietor of your property – Stone Barn, that you are directly responsible for the damage caused to my car and resulting costs. I would therefore like you to reimburse me for the damage and resultant costs for the diagnosis and repairs to my car.
Please can you confirm that you are willing to cover the cost of the damage to my car, resulting from your metal barrier within 21 days of receiving this letter?
I would be open to discussing the situation if you are able to contact me directly by email on***@******.***. If that’s not possible due to Air BnB policy, please can you respond as soon as possible.
I have enclosed some images of the damage to the mudguard and proof of payment to local garage and my appointment with Mercedes Benz (tomorrow).
Yours faithfully
Robbie Mair
Customer: replied 18 days ago.
Should the letter say “I booked” given my friend booked?
Customer: replied 18 days ago.
Is there a contract between me and the owner even though it was booked through my friend ? Pls clarify what the contractual relationship is and how best to pursue as I don’t have any contact details other than air BnB profile of owner
Customer: replied 18 days ago.
that profile is through my friends profile who booked
Expert:  MARTINT330 replied 18 days ago.

No make it clear who booked and do not refer to a contract. The duty of care arises in tort law not contractual.

Expert:  MARTINT330 replied 18 days ago.

I hope this helps.

Customer: replied 18 days ago.
Editing now - which part do I need to change “referring to contract”
Customer: replied 18 days ago.
I changed opening para to ....Dear *****ia,
My fellow guest, Tom Ash booked a week’s holiday at your property through Air BnB on behalf of myself and guests who stayed at your property between 28th August 2021 – 4th September 2021.
Customer: replied 18 days ago.
Full letter reads
*****Twickenham
TW2 5LL06 Sept 2021Ms. Rogeria
Stone Barn
Ware House “The Property”
Ware Hill, Ugborough, Ivybridge
PL21 0NZRe: Damage to Mercedes Benz Reg. MA12 ROB from the Gate of your property
Dear *****ia,
My fellow guest, Tom Ash booked a week’s holiday at your property through Air BnB on behalf of myself and guests who stayed at your property between 28th August 2021 – 4th September 2021.
The weather was hot, and we benefited from clear days for the whole week.
The property is advertised on Air BnB offering parking for 4/5 cars.
The Air BnB advert clearly states (under the heading Additional rules) “Parking only inside the property gates.”The Property gates also have a sign on the inside of the gate confirming no parking outside of the gate.
The Property Gate has a metal barrier on the floor that one must drive over to comply with the clear instructions on where to park.
Damage
During the stay at the property, I drove very slowly over the metal barrier and after a few days I heard a sound of metal against my car and then something scraping under my car. It was a mud guard from my car that had become dislodged because of the height of the metal barrier between the gates. As soon as this happened, I stopped the car, asked my family to exit the car and I turned off the ignition.
I removed the damaged mud guard and noticed other mud guards had also become lose. We then continued our journey to the beach and when I turned on the Air Conditioning (which was working perfectly to that point), it gave out warm air.
The following Day I called Andrew (your agent) and explained that my car had been damaged by the metal barrier and that I was unwilling to park inside the gate, which was agreed. Then on the 31 Aug 2021 (just 3 days from us arriving at the property) I had to take my car to a local garage (Ugborough Garages) as the Air Conditioning was not working and the mud guards were damaged. The garage was unable to fix any of the issues but did attempt to fix the Air Conditioning unsuccessfully.
On the 06th September 2022 I contacted Andrew (your agent) to ask for your contact email and number and he asked that I contact you through the AirBnB system.
Costs
So far, I have incurred £40.48 already from a local garage to check the AC system. I will need to order replacement mud guards and have them fitted. The car has only ever been serviced through Mercedes approved dealers and suppliers and I have now booked in an inspection for the Air Conditioning on the 07th of September 2021 which will cost around £180 per hour.
The car is a flagship model and retails around £80,000 for the basic model when purchased new.
There are no signs inside or outside the property warning that the metal barrier between the property gates can:
A. Cause damage to cars
B. is unsuitable for cars with a low clearance
A metal barrier of the type at your property is very unusual and details of it should have been specified in the Air BnB advert. In addition, a simple sign warning of the unsuitability to vehicles with low clearance should have prominently been displayed. Had these reasonable and simple precautions been taken I believe that the damage incurred to my car could have been completely avoided. I drove extremely slowly over the metal barrier and as soon as the damage occurred, I stopped and didn’t go over the metal barrier again.
I therefore believe that as the host and proprietor of your property – Stone Barn, that you are directly responsible for the damage caused to my car and resulting costs. I would therefore like you to reimburse me for the damage and resultant costs for the diagnosis and repairs to my car.
Please can you confirm that you are willing to cover the cost of the damage to my car, resulting from your metal barrier within 21 days of receiving this letter?
I would be open to discussing the situation if you are able to contact me directly by email on***@******.***. If that’s not possible due to Air BnB policy, please can you respond as soon as possible.
I have enclosed some images of the damage to the mudguard and proof of payment to local garage and my appointment with Mercedes Benz (tomorrow).
Yours faithfully
Robbie Mair
Expert:  MARTINT330 replied 18 days ago.

Are you posting in the morning?

Customer: replied 18 days ago.
I don’t have anyway to send it except for Tom to send to AirBnB dispute resolution.. I can run a check of the owner on land registry ?
Expert:  MARTINT330 replied 18 days ago.

You could indeed yes.

Expert:  MARTINT330 replied 18 days ago.

If sending via AirBnB I would allow longer period for response. Do not put it on the letter however if they do it respond on the given period allow 7 days more.

Customer: replied 18 days ago.
I’m sending
Customer: replied 18 days ago.
Just downloaded the title deed which confirms these detailsTitle Number : DN442266
Address of Property : Ware House, Ware Hill, Ugborough, Ivybridge (PL21 0NZ)
Price Stated : £650,000
Registered Owner(s) : DANIEL JOHN MULRINE, WILLIAM GERALD MULRINE and HUGH
FRANCIS MULRINE of 54 Upper Montagu Street, London W1H
1SL.
Lender(s) : None
Customer: replied 18 days ago.
I will adjust letter and then should I post tomorrow with a certificate of posting
Expert:  MARTINT330 replied 18 days ago.

Yes, send it recorded delivery.

Customer: replied 18 days ago.
Hi Martin - how is this letter*****Twickenham
TW2 5LL07 Sept 2021Mr. DANIEL JOHN MULRINE
Mr. WILLIAM GERALD MULRINE
Mr. HUGH FRANCIS MULRINE
54 Upper Montagu Street,
London W1H 1SLReference:
Stone Barn “The Property”
Ware House
Ware Hill, Ugborough, Ivybridge
PL21 0NZ
Re: Damage to Mercedes Benz Reg. MA12 ROB from the Gate of your property
Dear Sirs,
My fellow guest, Tom Ash booked a week’s holiday at your property through Air BnB on behalf of myself and guests who stayed at your property between 28th August 2021 – 4th September 2021.
The booking was made by Tom Ash through Air BnB via the Superhost known as Rogeria.
The weather was hot, and we benefited from clear days for the whole week.
The property is advertised on Air BnB offering parking for 4/5 cars.
The Air BnB advert clearly states (under the heading Additional rules) “Parking only inside the property gates.”
The Property gates also have a sign on the inside of the gate confirming no parking outside of the gate.
The Property Gate has a metal barrier on the floor that one must drive over to comply with the clear instructions on where to park.
Damage
During the stay at the property, I drove very slowly over the metal barrier and after a few days I heard a sound of metal against my car and then something scraping under my car. It was a mud guard from my car that had become dislodged because of the height of the metal barrier between the gates. As soon as this happened, I stopped the car, asked my family to exit the car and I turned off the ignition.
I removed the damaged mud guard and noticed other mud guards had also become lose. We then continued our journey to the beach and when I turned on the Air Conditioning (which was working perfectly to that point), it gave out warm air.
The following Day I called Andrew (your agent) and explained that my car had been damaged by the metal barrier and that I was unwilling to park inside the gate, which was agreed. Then on the 31 Aug 2021 (just 3 days from us arriving at the property) I had to take my car to a local garage (Ugborough Garages) as the Air Conditioning was not working and the mud guards were damaged. The garage was unable to fix any of the issues but did attempt to fix the Air Conditioning unsuccessfully.
On the 06th September 2022 I contacted Andrew (your agent) to ask for your contact email and number and he asked that I contact you through the AirBnB system.
Costs
So far, I have incurred £40.48 already from a local garage to check the AC system. I will need to order replacement mud guards and have them fitted. The car has only ever been serviced through Mercedes approved dealers and suppliers and I have now booked in an inspection for the Air Conditioning on the 07th of September 2021 which will cost around £180 per hour.
The car is a flagship model and retails around £80,000 for the basic model when purchased new.
There are no signs inside or outside the property warning that the metal barrier between the property gates can:
A. Cause damage to cars
B. is unsuitable for cars with a low clearance
A metal barrier of the type at your property is very unusual and details of it should have been specified in the Air BnB advert. In addition, a simple sign warning of the unsuitability to vehicles with low clearance should have prominently been displayed. Had these reasonable and simple precautions been taken I believe that the damage incurred to my car could have been completely avoided. I drove extremely slowly over the metal barrier and as soon as the damage occurred, I stopped and didn’t go over the metal barrier again.
I therefore believe that as the host and proprietor of your property – Stone Barn, that you are directly responsible for the damage caused to my car and resulting costs. I would therefore like you to reimburse me for the damage and resultant costs for the diagnosis and repairs to my car.
Please can you confirm that you are willing to cover the cost of the damage to my car, resulting from your metal barrier within 21 days of receiving this letter?
I would be open to discussing the situation if you are able to contact me directly by email on***@******.***. If that’s not possible due to Air BnB policy, please can you respond as soon as possible.
I have enclosed some images of the damage to the mudguard and proof of payment to local garage and my appointment with Mercedes Benz (tomorrow).
Yours faithfully
Robbie Mair
Customer: replied 18 days ago.
I will post it recorded delivery and send to Rogeria via AirBnB if thats right?
Customer: replied 18 days ago.
Sorry pls clarify how long to give in posted letter and Airbnb letter ..assuming your happy with letter
Customer: replied 18 days ago.
I could just as 28 days on both letters if your happy with letter above
Expert:  MARTINT330 replied 18 days ago.

Yes 28 would be fine.