Whilst a villa or a property rental is a great way to enjoy a holiday, there may be an occasion when damage occurs to furnishings that could affect your damage refund, since the hirer is responsible for the property during your vacation stay.
But what constitutes damages and what is fair and reasonable should a charge be brought against a holidaymaker? As a villa owner for over 20 years in Spain, and also as a villa agent that fully manages villa rentals on the Costa Blanca, I appreciate that not everything is a clear cut case of charging for damages should they occur.
A recent case in point was that two sun loungers were reported as broken, by the pool man directly to the villa owner, and indeed the pictures sent to us from our own supervisor of the villa clearly show many broken slats of the sun lounger that made it look like the renter's children used them as a diving board into the pool, so the owner requested replacement of them from the holidaymaker.
On speaking with the client it was found that it was not the children but the father, who said that he carried a considerable weight, and that was the cause of the damage, but he could not understand why they broke so easily when he had no problem with other sun loungers at the villa.
Upon further investigation the retailer was able to advise that the sun loungers in question were aged and dry - in other words the resin had broken down and made the sun loungers brittle, which was a result of sun damage.
It would have been unfair and unreasonable to have charged the holidaymaker for such damage and so no charge was raised for their replacement.
Ordinarily, when something is broken the urge from an owner would be to charge for such damage and to charge in full the replacement cost, as the owner holds the agent to account.
Now, had the sun loungers been in good order, as they were just three years old and should be good for 5-6 years, then it would have been fair and reasonable to apply a charge according to 'betterment' but not full replacement cost.
Which means if the life of say the sun lounger is 5 years when new, but is then broken after 2.
5 years then the tenant is responsible for 50% of the cost of replacement and not 100%, since the owner gets new for older.
Wear and tear is another area that can be confused with damages.
On a long let (6 months plus) greater allowance is made for wear and tear, whereas a short holiday let is less of an issue because holidaymakers are changing frequently, so it is only a question of damages and if the item can be repaired or has to be replaced should it be the holidaymaker at fault.
Examples of wear and tear versus damages; Hard and soft wood furniture that is natural, French polished, painted or lacquered would have a considerably longer life than soft furnishings such as sofas and mattresses, so whilst a nick or scratch would be classed as wear and tear a burn mark would not be.
Should a wall have a scratch or buff mark then that is wear and tear, but if it has a deeper gouge then that is classed as damage.
Should a carpet pile be well worn then this is normal wear and tear and not damages.
However, if the carpet has had red wine spilt on it which has left a stain that cannot be removed then this is classed as damages, albeit an accident, though subject to 'betterment' in the case of an old carpet.
If the kettle stops working it has more than likely passed its guarantee period, so would be wear and tear.
If one lamp is broken that is part of a pair, then 2 lamps require replacing of the same quality so is damage.
Should a bed mattress be soiled and the ticking stained, then these would be classed as damages, though subject to 'betterment' on soft furnishings.
If for example the villa or property does not accept pets and you take a pet to the property that does damage to the sofa, then you would be responsible for the full cost of repair and to recover the sofa.
This act would also be in breach of the terms and conditions of a letting, so the owner is entitled not to suffer any loss.
If serious damage has occurred then this can cause loss of income to the owner, unless temporary covers are purchased for the sofas allowing the sofas to be repaired in low season, thus trying to avoid a loss of rental income since hiring sofas is not normally possible.
All such costs would then be passed onto the holidaymaker.
It should be noted that in the event of such damage that the holidaymaker could possibly claim from their own personal insurance or home contents insurance for such a loss.
Generally, if the item cannot be repaired and has to be replaced then usually the replacement cost would be passed on as damages, though subject to 'betterment' in most cases.
Legally the owner should not be better off financially or materially in a better position with the replaced item, but then they should not be worse off.
A property owner would argue what is the normal lifespan and could expect it to last forever, so demand full compensation.
A good agent will act as the buffer and try to resolve the issue without being unfair to either party.
Tips on renting a property when damages occur.
1) Should you arrive to the villa or property and something is not working or clearly broken then report it without delay to the agent or owner concerned.
2) Be open and honest about what happened, as in the sun lounger case proved, above, cost the holidaymaker nothing.
3) Try to quantify the damage during your stay with the supervisor to the villa, so there is time to get the item fixed or replaced, whereby you will then know better the cost.
This avoids leaving a broken item for the next client.
4) Take a picture of the item concerned.
5) Should the repair or replacement cost be high then contact your own home contents policy and or travel insurance company.
6) Some companies charge a breakage fee on booking, but this does not cover above mentioned damages.
But what constitutes damages and what is fair and reasonable should a charge be brought against a holidaymaker? As a villa owner for over 20 years in Spain, and also as a villa agent that fully manages villa rentals on the Costa Blanca, I appreciate that not everything is a clear cut case of charging for damages should they occur.
A recent case in point was that two sun loungers were reported as broken, by the pool man directly to the villa owner, and indeed the pictures sent to us from our own supervisor of the villa clearly show many broken slats of the sun lounger that made it look like the renter's children used them as a diving board into the pool, so the owner requested replacement of them from the holidaymaker.
On speaking with the client it was found that it was not the children but the father, who said that he carried a considerable weight, and that was the cause of the damage, but he could not understand why they broke so easily when he had no problem with other sun loungers at the villa.
Upon further investigation the retailer was able to advise that the sun loungers in question were aged and dry - in other words the resin had broken down and made the sun loungers brittle, which was a result of sun damage.
It would have been unfair and unreasonable to have charged the holidaymaker for such damage and so no charge was raised for their replacement.
Ordinarily, when something is broken the urge from an owner would be to charge for such damage and to charge in full the replacement cost, as the owner holds the agent to account.
Now, had the sun loungers been in good order, as they were just three years old and should be good for 5-6 years, then it would have been fair and reasonable to apply a charge according to 'betterment' but not full replacement cost.
Which means if the life of say the sun lounger is 5 years when new, but is then broken after 2.
5 years then the tenant is responsible for 50% of the cost of replacement and not 100%, since the owner gets new for older.
Wear and tear is another area that can be confused with damages.
On a long let (6 months plus) greater allowance is made for wear and tear, whereas a short holiday let is less of an issue because holidaymakers are changing frequently, so it is only a question of damages and if the item can be repaired or has to be replaced should it be the holidaymaker at fault.
Examples of wear and tear versus damages; Hard and soft wood furniture that is natural, French polished, painted or lacquered would have a considerably longer life than soft furnishings such as sofas and mattresses, so whilst a nick or scratch would be classed as wear and tear a burn mark would not be.
Should a wall have a scratch or buff mark then that is wear and tear, but if it has a deeper gouge then that is classed as damage.
Should a carpet pile be well worn then this is normal wear and tear and not damages.
However, if the carpet has had red wine spilt on it which has left a stain that cannot be removed then this is classed as damages, albeit an accident, though subject to 'betterment' in the case of an old carpet.
If the kettle stops working it has more than likely passed its guarantee period, so would be wear and tear.
If one lamp is broken that is part of a pair, then 2 lamps require replacing of the same quality so is damage.
Should a bed mattress be soiled and the ticking stained, then these would be classed as damages, though subject to 'betterment' on soft furnishings.
If for example the villa or property does not accept pets and you take a pet to the property that does damage to the sofa, then you would be responsible for the full cost of repair and to recover the sofa.
This act would also be in breach of the terms and conditions of a letting, so the owner is entitled not to suffer any loss.
If serious damage has occurred then this can cause loss of income to the owner, unless temporary covers are purchased for the sofas allowing the sofas to be repaired in low season, thus trying to avoid a loss of rental income since hiring sofas is not normally possible.
All such costs would then be passed onto the holidaymaker.
It should be noted that in the event of such damage that the holidaymaker could possibly claim from their own personal insurance or home contents insurance for such a loss.
Generally, if the item cannot be repaired and has to be replaced then usually the replacement cost would be passed on as damages, though subject to 'betterment' in most cases.
Legally the owner should not be better off financially or materially in a better position with the replaced item, but then they should not be worse off.
A property owner would argue what is the normal lifespan and could expect it to last forever, so demand full compensation.
A good agent will act as the buffer and try to resolve the issue without being unfair to either party.
Tips on renting a property when damages occur.
1) Should you arrive to the villa or property and something is not working or clearly broken then report it without delay to the agent or owner concerned.
2) Be open and honest about what happened, as in the sun lounger case proved, above, cost the holidaymaker nothing.
3) Try to quantify the damage during your stay with the supervisor to the villa, so there is time to get the item fixed or replaced, whereby you will then know better the cost.
This avoids leaving a broken item for the next client.
4) Take a picture of the item concerned.
5) Should the repair or replacement cost be high then contact your own home contents policy and or travel insurance company.
6) Some companies charge a breakage fee on booking, but this does not cover above mentioned damages.
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