What can you do if your holiday is 難破させるd? 消費者 権利s lawyer DEAN DUNHAM on how to make a (人命などを)奪う,主張する and get 補償(金)

Unfortunately, Alex Brummer's story?on his £10,000 staycation 廃虚d by a building 場所/位置 next door?is all too familiar and follows a ありふれた pattern.

The letting スパイ/執行官 takes no 責任/義務 for problems and instead palms you off on a faceless owner with whom you typically have no direct 接触する ― often you don't even know their 指名する.

Here's where you stand if, like Alex, your holiday was not up to scratch.

Unfortunately, Alex Brummer's story is all too familiar and follows a common pattern, says Dean Dunham

Unfortunately, Alex Brummer's story is all too familiar and follows a ありふれた pattern, says Dean Dunham

THE LAW

When you 調書をとる/予約する holiday accommodation and travel together, whether in this country or abroad, you are 一般に 保護するd under the 一括 Travel a nd Linked Travel 手はず/準備 規則s 2018.

These 供給する 消費者s with a 広大な/多数の/重要な 取引,協定 of 保護, at the heart of which you are する権利を与えるd to a 治療(薬) (often 補償(金)) if the holiday doesn't match its description.

However, most staycations 落ちる outside the 規則s, as they only 伴う/関わる a 調書をとる/予約するing for accommodation ― so Alex and his family cannot rely on them.

Instead, they are 保護するd by the 消費者 権利s 行為/法令/行動する 2015, which says that UK 所有物/資産/財産 owners or holiday providers must 申し込む/申し出 accommodation with reasonable care and 技術, and this means accommodation that is clean and 安全な.

The 問題/発行するs Alex's family experienced with the TV service, sofa smelling of animal urine, leaky にわか雨 and 機能不全ing hot water system almost certainly fell foul of this 法律.

In 新規加入 to this 保護, Alex's family were also する権利を与えるd to the accommodation 約束d, as it was 述べるd on the Suffolk Secrets website.

This not only means that the 会社/堅い's description should be 正確な, but that no important (警察などへの)密告,告訴(状) should be left out that would, or could, have 影響(力)d the 決定/判定勝ち(する) to go ahead with the 調書をとる/予約するing.

Alex has made it (疑いを)晴らす that his family would not have continued with the 調書をとる/予約するing had they known the buildi ng was next to a construction 場所/位置, so it is (疑いを)晴らす that this (警察などへの)密告,告訴(状) should have been communicated to them.

THE CONTRACT

As is ありふれた in these 状況/情勢s, Suffolk Secrets 行為/法令/行動するs as what is known in 法律 as an 'スパイ/執行官', meaning it advertises the accommodation and then 容易にするs the 調書をとる/予約するing between the 消費者 and the owner of the 所有物/資産/財産. This is 確認するd within the Suffolk Secrets 条件 and 条件s, and the 契約, in this 事例/患者, is between Alex's son-in-法律 and the 所有物/資産/財産 owner.

The owner could try to hide behind the 条件 and 条件s in relation to the problems, as many do in these 状況/情勢s.

In Alex's 事例/患者, the 関連した 条件 and 条件s say: 'We will not be responsible, nor liable to you (or any holidaymakers) for any events outside the owner's or our reasonable 支配(する)/統制する, such as the 決裂/故障 of 国内の 器具s, plumbing, wiring, 一時的な 侵略 of pests, building 作品 at 隣接する 所有物/資産/財産s, 損失 resulting from exceptional 天候 条件s or other unforeseeable circumstances...'

However, my 会社/堅い 見解(をとる) is that this does not help the 所有物/資産/財産 owner with their argument that they need not have 通知するd Alex's family of the building 作品 at the point of 調書をとる/予約するing or, at the very least, 事前の to the holiday 開始するing.

COMPENSATION

Alex and his family are 明確に する権利を与えるd to 補償(金) in relation to the 問題/発行するs with the holiday.

If they had chosen to 辞退する to stay at the accommodation, they could have (人命などを)奪う,主張するd a 十分な refund and 潜在的に 補償(金) for the inconvenience and any expenses incurred as a consequence of the 所有物/資産/財産 owner's 違反 of 契約.

As they continued to stay at the accommodation, the 補償(金) will have taken the form of a price 削減, as had already been 申し込む/申し出d. To calculate the 量, Alex would have needed to consider the extent of the family's loss of enjoyment of the holiday, and 最終的に the diminution in value.

I 公式文書,認める that 20 per cent has been 申し込む/申し出d and 受託するd. But in the circumstances here, I feel this was too little and should have been 拒絶するd.

最終的に, in these 状況/情勢s you need to consider how much a 法廷,裁判所 would award, as this would be the next step if the 補償(金) 量 could not be agreed.

There is no hard-and-急速な/放蕩な 支配する on the 量 of 補償(金) that will be awarded but I would 推定する/予想する to see it at around 35-40 per cent.

Finally, when you 苦しむ a holiday 災害, as Alex did, you should first build an 証拠 とじ込み/提出する to 立証する all the 問題/発行するs. This should 含む photographs, ビデオs and anything else that 論証するs the problem.

It's also important to 通知する the holiday provider/organiser/所有物/資産/財産 owner すぐに and not leave it until you get home.

If this does not get you the 是正する you are looking for, the next step would be a (人命などを)奪う,主張する to what is 一般的に referred to as the 'small (人命などを)奪う,主張するs 法廷,裁判所' ― a 比較して straightforward, cheap 法廷,裁判所 過程 for (人命などを)奪う,主張するs under £10,000 in value, where typically the parties 代表する themselves.

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