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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

That this is not our fault?

144 replies

lanbro · 04/08/2015 07:13

I own a valeting business. With every valet we include an air freshener with our logo on that we hang from a rear view mirror. One of our customers has returned 5 days after leaving, removing the airfreshener but leaving it lying on the centre console and it has caused damage to the lacquer.

We always offer great customer service but in this instance I strongly feel this is his fault, and his attitude is not helping as he is trying to tell us we are breaking the law hanging them up in the first place. A quick Google shows that the highway code states windscreens should not be obstructed but no law as such.

He's coming up tomorrow to speak to our manager but will want to speak to me when he gets no resolution. We don't have a warning on the air fresheners although we do have a disclaimer about checking vehicle before leaving the premises.

So AIBU? Although we placed the air freshener in the vehicle, as stated on our boards (often people who don't like them say not to bother), we didn't put it on his centre console or leave it there for 5 days. This is the first time this has ever happened

OP posts:
Quietlifenotonyournelly · 04/08/2015 08:13

elementry just common sense don't get over excited and start exaggerating other possibilities (no offence intended).It's just a stop and think situation.

RepeatAdNauseum · 04/08/2015 08:15

Legally, yes.

Morally is a harder issue but I'd still say yes. I would not expect a valet company to put anything in my car that risked damaging it, especially if the "thing" was a promotional item for your company. If you are going to do this, it needs lot of warnings that the air freshener may damage plastic, and you should probably hang them up in their package so anyone who doesn't want them can discard them.

Do you have a damage waiver, out of interest?

featherandblack · 04/08/2015 08:16

OP I wasn't saying you were reckless or negligent to hang the air freshener up - I was pointing out that the driver was not being negligent and was really not at fault in any way, as you seemed to be implying. I was also pointing out that he may have been removing the air freshener as a safety precaution which would be understandable and a possibility you should have foreseen.

Bunbaker · 04/08/2015 08:18

Also, it wouldn't have occurred to me that the air freshener could damage my car, not being a user of air freshener anyway.

Loletta · 04/08/2015 08:19

This reply has been deleted

Message withdrawn at poster's request.

Thistledew · 04/08/2015 08:19

The questions that a court would look at, should he bring a claim for compensation against you are:

Was there damage
Was it caused by the air freshener
Was it reasonably foreseeable to you that he could have used the air freshener in that way
Did he contribute to the damage by misusing the product
Was it reasonably foreseeable that the air freshener could have caused that damage

The last question would depend on what info was given to you by the manufacturer of the air freshener. The penultimate question may reduce your liability for damages.

I would suggest finding out how much it will cost to repair the damage. If it is more than you are willing to pay out for good will, then tell him to bring a claim via his insurers. You would be able to join the manufacturers as a defendant, and quite possibly claim back all or some of the cost of putting it right.

Loletta · 04/08/2015 08:20

This reply has been deleted

Message withdrawn at poster's request.

Original poster
lanbro · 04/08/2015 08:20

We do have a damage waiver yes

OP posts:
WorktoLive · 04/08/2015 08:22

It sounds unfortunate but I think in this situation I think you have to suck it up and claim on your public liability insurance.

I hate it when garages/valeters etc fuck with my car by changing the radio station, moving all the seat and mirrors, putting their stickers on it and leaving stinking air fresheners in it.

If it had been my car, the first thing I would have done on finding it would have been to rip it down and it is likely that it would have just laid where it fell.

I know you want to market your business, but what gives you the right to leave corrosive litter in your customers' cars?

FurtherSupport · 04/08/2015 08:23

How much will it cost and how much damage would/could some negative publicity do you?

Ultimately, I don't think it really matters what the legal position is going to be. Unless it's £1000s pay up and make sure you warn customers in future.

Pipbin · 04/08/2015 08:24

I agree that there seems to be a culture of people being unable to take responsibility for their own actions these days, for example the warning on a takeaway coffee cup that the drink is hot. However in my 20 years of car ownership I have never had an air freshener and it would not occur to me at all that putting it on a polished surface might damage it.
If I attempted to clean polish off the wheel, as in your second example, then it would be a fair assumption that I would get my clothes dirty. It is not fair to assume that this air freshener would damage paintwork.
If I had my car valeted and one was left in my car I would take it off as I don't like them.

I am a great advocate of people taking responsibility for their own actions but in this case I don't think that he did anything negligent. The air freshener should have carried a warning.

Original poster
lanbro · 04/08/2015 08:24

Thanks Thistledew, that is very helpful.

We rely on word of mouth and our reputation is the reason we have a very successful business. I haven't personally seen the damage yet but want to be prepared for if and when I have to step in to sort!

OP posts:
Bakeoffcake · 04/08/2015 08:24

Air fresherners absolutely stink to high heaven and I'd move it immediately.

I don't think I'd complain to you though if it caused an issue in the car. I think he's being rather silly.

ElementaryMyDearWatson · 04/08/2015 08:25

Loletta, clearly the car owner didn't break any chain of causation. It is entirely foreseeable that someone who doesn't want an air freshener in his car will take it down and will put it on the nearest available surface. If you put a product into someone's car that will cause damage if put down on the console without warning them of that fact, then you are liable. If you didn't know it might cause damage and weren't warned by the manufacturer, then the manufacturer is liable. But there can be no possibility that the car owner is liable.

gamerchick · 04/08/2015 08:26

In this day and age you have to assume people have no common sense. This is why you get random warnings on stuff that make you go wtf?!

Suck it up this time for harmony and in future give out the fresheners still in their wrappers so customers have the option in hanging them and stick a disclaimer notice up behind the till.

Radyward · 04/08/2015 08:26

It drives me completely insane when garages who do repair work put their sticker on my car without checking first . hanging air fresheners with your logo is similar and would drive me as a customer mental . We got asphalt done around our house and the company who did it asked first before putting up a sign advertising worK. You may get get more work by checking first with your customers . Obvs he didn't care for it and left it on the dash. Something my dh would do . I think you have to pay up put it there without his peremission etcetera etc

Original poster
lanbro · 04/08/2015 08:27

See, we never change radio stations or the volume. Seats have to be moved to clean properly and it is very hard to clean a mirror without it moving! I know a lot of hand car washes have a certain reputation but we treat all vehicles and customers with respect. I will have to see what happens

OP posts:
Superexcited · 04/08/2015 08:28

Just thinking: if it damaged the console then there must also be a risk that if could damage the rear view mirror if it touches the plastic or mirrored part as the rear view mirror will be warm behind the glass. Although the air fresheners are designed to hang freely cars do move around.

Original poster
lanbro · 04/08/2015 08:28

We are not putting air fresheners in without consent! It is stated on a massive sign that it is included!

OP posts:
FurtherSupport · 04/08/2015 08:28

As an aside, personally I think that as business owner who has been made aware that this situation is about to happen, you should be stepping up now and not hiding until you have to get involved.

Regardless of what your ultimate decision is, it's not fair to leave a manager with no authority to deal with it to try and fob the customer off and doing that will only make the customer more irate for when you eventually decide you need to get involved. If you want to provide good customer service, you the decision maker, should deal with it now.

Bunbaker · 04/08/2015 08:29

I agree with Pipbin. Can you get some stickers printed that carries a warning? Do you have safety data sheets for these products?

ChristmasZombie · 04/08/2015 08:31

I don't necessarily think you are to blame, but I do think you'd be wise to just suck it up and absorb the cost of repair. If your business relys on word of mouth recommendations then this could end up costing you a lot more over a longer period. Imagine he plasters all the local review websites with scathing reviews about how you damaged his car? I wouldn't be inclined to use your service.

Original poster
lanbro · 04/08/2015 08:33

I am not leaving a manager to deal with it! The guy said he was coming back tomorrow, I'm away til Thursday at which point I will be happy to deal with it! And our manager can contact us at any point to check anything!

OP posts:
Pippidoeswhatshewants · 04/08/2015 08:34

I don't think you are at fault, your customer is an idiot.
Nevertheless, you need to consider the best response to this for your business. I think if you swallow your pride and somehow manage to keep a straight face you should repair the damage on your customers car. See if your insurance might pay.

Personally, I would look into changing air fresheners to a make that has a warning on.

ghostyslovesheep · 04/08/2015 08:34

Ever valet I've had they include an air freshener left in the wrapper - I hate them so never open them - it's an option and I'd hate it to be open in my car

I think yabu op but I'm confused as to why you would ask since I feel you absolutely do not think yabu and that won't change