Scottish Legal question(6 Posts)
I wonder if anyone can help.
We live in Scotland and run a small business here, letting out a city centre flat to holidaymakers. It usually goes well with the odd issue (most recently a problem with the boiler but we refunded them £100 for 12 hours without heating / hot water).
We had a vile guest in August. She got a last minute cancellation, turned up in the middle of the night and had a screaming fit because the bin (on the street, shared and emptied by the council) was disgusting. It is about 8 ft away from the front door of the building. As she arrived very late, it was full but is emptied ever day (city centre).
She was enraged. Refused to stay. Screamed at our cleaner who went round to pacify her.
Anyway, we refunded 50% of her booking,sharing the remaining 50% with the agents. This was all agreed, via the agents, and I insisted that she e-mail confirming that she knew the bin as not our responsibility and that we had sent someone round (we live 4 hours away). All agreed.
Now, 2 weeks later, she is threatening to sue us in the ENGLISH courts. Can she do this? She is also threatening to trash us on review sites.
So, do I ignore, give her the teaming money back (we actually lost a lot on the week) or something else?
She really is quite mad - long rants about the dangers of bacteria and problems with germs.
She's a loon. Don't feed the troll and leave well alone
Thanks. I will ignore her. But I did just wonder if she can indeed sue in England for something that happened entirely in Scotland. Surely any case would have to be made in Scottish court.
I can't imagine any court in England or Scotland would entertain a complaint about communal bins that are emptied daily. And the transaction is Scottish (I suppose if she paid via credit card she might try going through them, although I doubt they'd support her) so I can't see it being heard in an English court. Did she sign up to terms and conditions when she booked? I'm assuming there would be small print saying that Scottish law applies.
The big bins are disgusting (although if people were a bit more careful about how they used them they would work better) but hardly worth going to court over.
I doubt she has a leg to stand on legally - she sounds like she will trash you on review sites, but she would probably do that anyway. If she does the kind of rant you're describing most people should be able to see through that.
I agree she is just trying to scare you into giving her money back. Even if you cave and refund the full amount, she will still carry on with it by demanding compensation for her distress and then wanting you to pay for any alternative accommodation. Ignore.
If she trashes you on review sites, so be it, as PP says, the vast majority of people will ignore the rant. If its a review site that allows you to post a response, then make one provided you can keep it short and dignified. Such as "I'm sorry you were unhappy with the outside bins, this is a city centre location and these street bins are emptied daily, we have no control over this process. Previous customers have been unaffected by this. I've noted your feedback.
It's just hot air. She would have to raise an action in the appropriate Sheriff Court (I'm assuming it's Edinburgh).
I suppose she might do a small claims action in an English court but it would still have to be served on you. If that were to happen you would have to defend it on no jurisdiction and nothing due. You can lodge the answers yourself. Don't ignore it, if she does.
Did she sign up to terms and conditions when she booked? I'm assuming there would be small print saying that Scottish law applies
Do check this to make sure if it says anything about jurisdiction. If nothing and she tries anything respond on basis of no jurisdiction.
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