If you have legal cover on your home insurance, contact them. In the meantime - and if you don't - here's what ChatGPT had to say:
I am not a solicitor, but I can explain how this is normally looked at under English law and what practical steps you can take.
Are you liable for the cost of the door?
Short answer – liability is not automatic, and on the information you have given it is far from clear that you are legally responsible.
Burden of proof
In England, the hotel must show on the balance of probabilities that:
- one of your children or your mother caused the damage, and
- it was caused by negligence or misuse rather than an accident or inherent risk.
They cannot simply invoice you and assume liability.
The glass expert report
A few important points here:
- Toughened glass can and does shatter suddenly, sometimes with no obvious trigger, particularly if it has a microscopic flaw or has been weakened previously.
- Expert opinions are not infallible, and the wording “consistent with improper handling” does not equal “definitively caused by”.
- If the report was commissioned by the hotel, it is not independent in a legal sense unless jointly instructed or court-appointed.
You are entitled to ask for:
- the full written report
- the expert’s qualifications
- clarification of whether spontaneous failure was ruled out and on what basis
CCTV evidence
CCTV showing that only your mother and children were present
does not prove misuse. It only shows who was there, not what happened.
Presence alone is not evidence of wrongdoing.
Children and liability
If the children are minors:
- the hotel would need to show a lack of reasonable supervision by your mother
- normal child use of a facility is not automatically “misuse”
Unless the hotel can show deliberate or reckless behaviour, this is a weak argument.
Bottom line on liability
Based on what you have shared:
- the hotel has asserted responsibility, not proven it
- you are not obliged to pay unless liability is established
- you should not involve insurers unless and until liability is accepted or a claim is made
If they pursue payment, they would need to convince a court, not just you.
Are you entitled to a refund for the cancelled memberships?
Very likely
yes, at least in part.
Membership cancellation
Hotels and leisure facilities can cancel memberships, but:
- the cancellation must be contractually justified
- the terms must be fair under the Consumer Rights Act 2015
Cancelling memberships based on an
unproven allegation is legally risky.
Refund entitlement
If they have cancelled with immediate effect:
- they cannot normally retain payment for services they are no longer providing
- you should be entitled to a pro-rata refund for the unused portion of the three-month memberships
Keeping the money would likely be considered an
unfair contract term unless the contract very clearly allows forfeiture in these circumstances, which is uncommon and often unenforceable.
What I recommend you do next
- Respond in writing
Calmly and firmly:
- deny liability
- state that no misuse occurred
- request full disclosure of the expert report and CCTV evidence relied upon
- state that you do not accept their conclusions
- Address the refund separately
Explicitly request:
- a pro-rata refund for the unused membership period
- confirmation of how this will be processed
- Do not pay “without prejudice”
Do not pay anything unless:
- you are satisfied liability is proven, or
- you decide to settle for pragmatic reasons, clearly marked without admission of liability
- If they persist
If the hotel continues to demand payment:
- ask them to pursue the matter formally
- this usually causes commercial operators to reassess the strength of their position
If they issue a small claim, you would have the opportunity to defend it and they would carry the burden of proof.
Suggested email response:
Dear [name],
Thank you for your email.
We do not agree that we are responsible for the damage to the shower door.
My children did not touch or misuse the door, and there was no inappropriate behaviour in the changing room. While you state that only my mother and children were present, that alone does not explain how the glass shattered or show that it was caused by misuse.
You refer to an expert assessment, but the summary provided does not explain how other possibilities, including spontaneous failure or a pre-existing issue with the glass, were ruled out. Toughened glass is known to shatter suddenly without obvious cause, and the conclusion you have shared does not, on its own, establish liability.
Before we can consider this any further, please provide:
- a copy of the full expert report, including the expert’s qualifications
- clarification on whether spontaneous breakage was considered and how it was excluded
- the CCTV images or footage you are relying on
Until this information is provided and reviewed, we do not accept responsibility for the cost of replacing the door, and we do not agree that insurers should be contacted at this stage.
Separately, you have cancelled both memberships with immediate effect. As only one month of the three-month term has been used, we expect a pro-rata refund for the unused portion of both memberships. Please confirm how this will be arranged.
We would like to resolve this reasonably and look forward to your response.
Kind regards,
[name]