The Law on Complaints

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Sam V
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The Law on Complaints

Post by Sam V »

I've just been read through the Visit England website; I'm considering setting up our detached annex as a holiday let in UK. In light of recent posts, me included, regarding post guest complaints, I'm surprised at the wording here:

Regardless of your terms and conditions, the law requires you to use reasonable skill and care in providing the underlying services.
You can't contract yourself out of your legal responsibilities.

For example, you cannot have a condition which states you are not responsible for any injury a guest may sustain when the Health and Safety Act says you have a responsibility towards your guests.

Similarly, you cannot say that that you will only deal with complaints that are brought to your attention while the guest is staying in your property.
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greenbarn
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Re: The Law on Complaints

Post by greenbarn »

Sam V wrote:
Regardless of your terms and conditions, the law requires you to use reasonable skill and care in providing the underlying services.
You can't contract yourself out of your legal responsibilities.

For example, you cannot have a condition which states you are not responsible for any injury a guest may sustain when the Health and Safety Act says you have a responsibility towards your guests.

Similarly, you cannot say that that you will only deal with complaints that are brought to your attention while the guest is staying in your property.
The first one is a given, but the second one on complaints I don't completely get - although there must I suppose be some latitude for a valid complaint raised after the end of the holiday. But what if it could have been dealt with satisfactorily at the time if the owner had been made aware? Would the "Reasonable Man" expect the guest to raise an issue at the time of staying rather than later? Over to the legal types.... :?
AndrewH
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Re: The Law on Complaints

Post by AndrewH »

Sam V wrote:I've just been read through the Visit England website; I'm considering setting up our detached annex as a holiday let in UK. In light of recent posts, me included, regarding post guest complaints, I'm surprised at the wording here:

Regardless of your terms and conditions, the law requires you to use reasonable skill and care in providing the underlying services.
You can't contract yourself out of your legal responsibilities.

For example, you cannot have a condition which states you are not responsible for any injury a guest may sustain when the Health and Safety Act says you have a responsibility towards your guests.

Similarly, you cannot say that that you will only deal with complaints that are brought to your attention while the guest is staying in your property.
These are just my own thoughts, but I am not surprised by any of these three paragraphs. The first two are a given and it would be just a waste of time trying to exclude, using terms in your contract, what the law does not permit you to exclude. You cannot contract out of your obligations to others where they are imposed by common law or by statute.

With the third paragraph, "cannot" is not the right word, while "should not" would be appropriate in its place (IMO).
There must be many scenarios, where the subject matter of a genuine complaint does not come to light till after the guest has left. If matters went to court, I can imagine in certain cases that a limiting clause like that would be overruled, if it was used as a defence.
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Post by Hells Bells »

If for example, I went on holiday to a lovely cabin with hot tub. I had a lovely stay, spent hours in the tub under the stars, with nothing to complain about, and left unaware that I was about to develop Legionnaire's disease due to the negligence of the owner, I would be pretty miffed to discover I had no grounds for complaint because it was not raised at the time.
Sam V
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Post by Sam V »

HelenB wrote:If for example, I went on holiday to a lovely cabin with hot tub. I had a lovely stay, spent hours in the tub under the stars, with nothing to complain about, and left unaware that I was about to develop Legionnaire's disease due to the negligence of the owner, I would be pretty miffed to discover I had no grounds for complaint because it was not raised at the time.
I think if that happened it would relate to para 2 health and safety. Para three is the one which I'm most surprised at considering situations many of us have/had relating to this 'law' and how we deal with them.
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amandajane
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Post by amandajane »

What the passage suggests is that you can't assume lack of responsibility just because the guest has left. However, I think it would take a very unreasonable judge to uphold a complaint that hadn't been reported during the holiday where possible.

Of course there will be exceptions ( which I can't just think of right now) but particularly if your T's and C's encourage guests to report any problems promptly. I think something along the lines of " every effort will be made to rectify.........." should cover it.
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charles cawley
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Post by charles cawley »

We include this paragraph in our booking terms and conditions. It provides extra cover for owners without, we hope, being unreasonable:

"13.1 Any complaint in respect of a property must immediately be reported to CHL to ensure there’s enough time to investigate and/or ensure a remedy.

Complaints regarding the accommodation or any shortage or defects, must be reported by 5.00pm the Monday after arrival otherwise we are unable to investigate the matter properly, in any event, compensation cannot be offered if you deny CHL or the owner the opportunity to rectify of correct matters during the holiday period.

Where practical and possible, the homeowner or their representative should be contacted as quickly as possible for the purposes of correction of any quality concerns such as heating problems. This will ensure that any events which may detract from the holiday are minimised where possible in reasonable time.

It is the duty of the party leader or assigned guests to ensure reasonable steps are taken to permit the appropriate action to address any quality concerns that might detract from the enjoyment of the holiday."

However small print never changes the wisdom of the need to always ensure that justice should be tempered with prudence.. and a bit of understanding. Things are often far from black and white.
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AndrewH
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Post by AndrewH »

charles cawley wrote:However small print never changes the wisdom of the need to always ensure that justice should be tempered with prudence.. and a bit of understanding. Things are often far from black and white.
I agree and it works both ways. Guests who are ardent complainers as well as overly strict owners with their T's and C's at the ready.
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