If you are in business, beware of the Contract Killer.
Joy woke early, and stretched and looked round her new bedroom, she was feeling pleased with herself. For the first time in her life, she was her own boss, the proud new owner of Sunfair B & B, she looked out of the window at sunny Southend-on-Sea, and at the sea glistening in the distance.
My new website looks good, so does the new en-suite in the family room, Joy thought. It was just a pity that there was not so much room between the beds as there once was, but it couldn’t be helped she told herself. Jim, her web designer had suggested that it was better not to show a picture of that room on the website as the photo she had made the room look smaller than it was. Joy had agreed. It was a good description that Jim came up with, he used the words “clever use of available space achieves a sense of cosy expansiveness”. Joy was not sure what that meant, but it sounded good. Little did Joy know that she would be confronted by two contract killers today.
2 pm already, there was a queue at the supermarket, and Joy was worried that she would not get back in time for the Brown family booked into the family room. The car was playing up too, it was making a really funny noise from the rear. Joy had a sneaky feeling that Fred at her local garage may have sold her a very well used second hand car. She had impressed upon him when she bought the car that she needed a reliable smart car for business use. She would ring the garage when she got home, to ask them to take a look at it.
Joy put the phone down in a state of shock. Fred at the garage was trying to tell her that there was nothing in their Contract about after sales care, because she had made a business purchase. Joy had no idea what Fred was talking about. Surely she was covered under The Sale of Goods Act. Joy decided to ring her friend Eve who works for the Citizens Advice Bureau, Eve would know what to do.
Before Joy had a chance to ring Eve, there was a knock at the door, the Brown family had arrived. They seemed nice enough, Dad Brown did all the talking. Joy offered them a cup of tea, but Dad said he would like to see the room first. “Of course”, said Joy, and led the way.
“Oh No!” said Mr Brown, “We are not stopping here, there’s no room to swing a cat. Your website describes this room as expansive. Tell you what lady, it’s not expansive, it’s expensive. It’s not worth half what you want to charge, take a couple of beds out and price it on just two people because that is all it’s big enough for. I want my deposit back, I would not have booked if I had seen the room first”.
“I’m sorry you feel like that”, said Joy “but I can’t give you a refund, the room is exactly as advertised, it says on my website that it is cosy.” “We’ll see about that, if you don’t refund my money now, you will hear from my Solicitor,” Mr Brown replied.
Joy rang her friend Eve in despair, “Eve, I was so excited this morning, but I have had a terrible day, the Contract I thought I had with the Garage has been killed, and my very first guest thinks he too can kill the Contract I thought I had with him. What is the point of being in business if there is nothing to protect me?”
Eve said “I’m sure there is long established legislation and Case Law on both of your problems. Let me look them up and I will call you back.” Joy thanked her and put the phone down feeling quite sorry for herself.
The door bell suddenly interrupted Joy’s moment of self pity, she looked at the clock, her next guests, feeling very unsure of herself, she went to answer the door.
What do you think Eve will say to Joy when she rings her back? Please tell Joy what you think she should do? Is it always wise in business to exercise your rights at the expense of a good reputation?
If you come back here shortly, you can find out what Eve has to say, and what Joy decides to do, oh and whether her new guests are happy with their room at Sunfair.
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Joy, you poor love! What an unpleasant guest! There are many ways to skin a cat, and if he felt the room was smaller than expected he could have expressed that politely and asked whether you had anything larger you could have offered him. As it was, he went in all guns blazing and you were not in breach of contract if you had made it clear on your website that the room was cosy. Everyone knows cosy means small.
Legally this kind of thing is tricky. I had one guest out of hundreds who said he wouldn’t be staying the second night booked because the room was ‘too noisy’. It was clear from the web that we are on a main road. I let it pass. It’s a grey area in my view.
I am a volunteer myself at the CAB so I am waiting with baited breath to hear what Eve has to say!
Gill
Oh Joy, The general public are usually nicer than you experienced!, I’ve hav my Inn for 3 1/2 years now.. & I think the only way to view the occasional rude guest is to thank God that your not that miserable!
I take payment in full at the time of booking (only because I had many no shows in our 1st year), when offering inquirers the rooms I have available-I specify as follows.. Front facing double, en suite with shower £55 room only, or a larger, quieter rear facing en suite with shower £65 room only, or rear facing en-suite with bath & shower £75.
On my website I have my terms & conditions – if you haven’t done so, this is vital.. state charges for loss/damage/smoking in non smokin rooms-& Joy brace yourself for the worst-such as willful damage. (I had to charge for a replacement mattress-due to one couples perverse behaviour!
On your T&C state in you offer refunds on cancellations-remember you need to deduct a percentage for charges you have incurred. Mine is no refunds available, others offer between 10-50%, or dependent on whether the room can be re-sold.
Angie