Expert Advice

One of our customers who stayed a week has just sent us a letter stating that they were injured on our site. We have no record of this and it has come as a complete surprise. How should we respond?

You should firstly report the matter to your insurers. Send them a copy of the letter you have received along with any other information which might be relevant.Respond to your customer that you are looking into the matter and that you have informed your insurers.It is also important to inspect the area where the alleged incident occurred. Examine it to see if there is anything wrong and take photographs. If something is defective, it may be necessary to cordon off the area, display warning signs and take appropriate steps to remedy any defects.There may be commercial considerations as well, and ...more

Answered by our Expert: Richard Baker - Stephen Scowns Solicitors

I am looking for Newquay data - how tourism has increased/dreacreased over time and the reasons why. Any ideas of sources?

Thank you for your question.Generally speaking, South West Tourism provides regional scale surveys with finer scale data being collected by the nine Destination Management Organisations that make up the South West (Visit Devon, Visit Cornwall etc) or the individual destinations themselves.In this case, Visit Cornwall is probably the best starting point: www.visitcornwall.com/site/explore-cornwall/visitor-information/research  A similar pattern would follow for other destinations.  Additionally, our Value of Tourism report provides data at a District level for Volume and Value of day and staying visitors and is found on our research pages (which also have a variety of other data sources). ...more

Answered by our Expert: The Research Team, South West Tourism

I recently had a couple of people stay at my B&B, they booked in advance, arrived, settled in, had tea and coffee and biscuits in the room, lay on the bed and creased the sheets etc, used the bathroom and then decided they would leave as their bathroom didn't have a bath, just a shower. They offered me £5 instead of the full price of £65 and left refusing to pay anymore and saying they didn't have to by law. Where do I stand legally?

You have the right to insist on payment for the room in full because a contract was created, provided that the guest cannot prove:1. breach or misrepresentation (e.g. you promised there would be a bath);2. conditionality (e.g. the booking was subject to satisfactory inspection); or3. breach of an implied term (e.g. the room fails a "reasonableness" standard under Section 13 of the Supply of Goods and Services Act 1982).As with all contracts, for a hotel booking to be an enforceable contract there must be (a) offer (b) acceptance and (c) consideration.  The booking ...more

Answered by our Expert: Andy Smith - Kitsons LLP

I have a holiday home in Cornwall, which our family uses about four times a year, for the remainder of the year I try to let it out to tourists. My landlord supplies me (and others in the resort) with electricity at a very high rate and refuses to negotiate. Have we any recourse in law as he claims we are running a business and business/business supplies are exempt from Ofgem regulstions.

Published December 2009 The Ofgem regulations control the maximum resale price that anyone can charge when reselling gas and electricity. That price must be the same as the price charged by the utility company.The regulations apply only in cases of domestic supply i.e. a landlord reselling electricity to a tenant and does also include gas and electricity resold for use in holiday accommodation.Whether the regulations apply in this particular case depends upon whether the holiday home owner derives an income from the holiday accommodation, if that is the case it ...more

Answered by our Expert: Melanie Burton, Legal Executive, Tozers LLP

Do my insurers require me to carry out a fire risk assessment?

Published October 2009 Your insurance policy is unlikely to make it a specific requirement to carry out a fire risk assessment. However, there will most likely be a general policy condition that states something along the following:-‘You will comply with all legal requirements and safety regulations and conduct the business in a lawful manner'Therefore, as a fire risk assessment is a legal fire safety regulation you must carry this out in order not to be in breach of the insurance policy condition.The document below is a very helpful government step by step publication on ...more

Answered by our Expert: Melanie Birchell - Pavey Group

Am I legally responsible for my guests’ property whilst they are staying at my accommodation?

Published: September 2009 The proprietor of a Hotel or other holiday accommodation has a duty to take reasonable care of the property of its guests. If the property is lost or damaged through the default, neglect or wilful act of the proprietor or someone working for him, i.e. a theft of a guest's property through inadequate security of a bedroom, the proprietor could be held to be liable. In such circumstances, the Public Liability section of the proprietor's business insurance policy would provide protection.Additionally, cover under a Hotel Insurance package or similar business ...more

Answered by our Expert: Melanie Birchell - Pavey Group

I had a couple guests stay a few weeks ago for 2 nights and paid a deposit before arriving, which was for the the first nights stay (by credit/debit card) they left without paying for the final night. I have sent them reminders via post to their address but with no reply. I hold card details from which they paid a deposit. Would i be breaking the law by taking what is owed ??

Published: July 2009 You are entitled to debit a guest's credit or debit card for the amount of the stay where your agreement with them expressly sets this out.  If you do not have booking terms to this effect then you are not legally entitled to take the payment.  It is likely that the credit card company would automatically reverse the transaction upon receiving a complaint from your guest.  They would then require you to prove your booking terms allow you to debt the card.If you do not have a term allowing you ...more

Answered by our Expert: Martin Laver - Tozers LLP

We have a medium sized Hotel which has fantastic panoramic sea views. Our business and advertising is based on our brilliant location. We have received a notice of planning application from the owners of the building which lies partly in front of us, to demolish the existing flats and re-build more larger flats that will significantly encroach on the stunning views from many of our rooms. We appreciate that sea views are not a right, but our business will be affected considerably. Can you advise?

Published: May 2009 Do we have a right to a view?When a planning application is submitted to the Council everyone has an opportunity to comment on the proposal, you can do this by letter or via the councils planning website.Planning law does not exist to protect private property rights. The decision makers will be looking at whether the proposal will have an unacceptably effect on the amenities and the existing use of land and buildings which ought to be protected in the public interest.If the proposal will have a detrimental affect on your ...more

Answered by our Expert: Helen Headech - Tozers LLP

What is S.W.Tourism's view on the recent budget re the removal of FHL Tax relief / Capital Gains Tax / Inheritance Tax implications for self catering proprietors. It seems the present Government does not consider us a business and are bracketing all self catering accommodation with second home owners. We have two detached self catering cottages that cannot be sold seperately from our house and can only be occupied as holiday lets not exceeding 28 days by the same person. It is very definitely a business that we work hard at all year and in our opinion the budget can only have a detrimental effect on visitor choice and accommodation standard. Views please.

The proposed changes to FHL Tax relief / Capital Gains Tax / Inheritance Tax for Self Catering properties is a great concern for all owners of these businesses.The national body for Self Caterers, EASCO, (the English Association of Self Catering Operators),  is currently part of a co-ordinated response along with the Welsh and Scottish Self catering associations to try first to fully interpret the impacts of the changes and to communicate this, and then to directly lobby Government on this issue.Under ...more

Answered by our Expert: Alistair Handyside - Chairman of South West Tourism's Board of Directors and owner / operator of a self-catering operation

Like most self-catering cottage providers, we include in our terms and conditions of rental a clause stating that the hirer is responsible for all loss / damage caused by their party during their stay. A guest has recently questioned the extent of this liability, if for example they managed to set fire to the cottage! My understanding is that :(1) having signed our terms and conditions, they would be liable for the full cost of replacement / repair if they were indeed responsible for causing the damage, and (2) the "public liability" element of traditional travel insurance would adequately cover any such damage, subject to policy limits / excess.Is my understanding correct ? If so, what would be the difference if the guest was staying in a hotel and accidentally started a fire resulting in substantial damage / repair costs ?

As a matter of pure contract your guests having signed the terms and conditions may well be liable for the full cost of repair or replacement so long as the terms of the contract overall are considered to be fair. However, you cannot always rely on being able to successfully recover such sums from your guests and from a commercial perspective we would strongly advise that you do not rely on your guest to have adequate insurance cover. You should ensure at the very least that you have your own insurance cover ...more

Answered by our Expert: The Michelmores Leisure Team