False accusation of damage to Tv in hotel room

[Omega1]

Originally Posted by bernard301

That wont wash I'm afraid, the hotel will take the position that by not reporting pre-existing damage during the stay it simply wasnt there to start with

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The hotel could take that position but it isn’t conclusive proof the damage wasn’t there - it’s an assumption, nothing more. I am not aware of a contractual obligation on a hotel guest to inform the hotel management of any/all defects in a room - be it a cracked remote, carpet stain, mattress stain, worn/torn furnishings, chipped sink or surface, etc.
Like the OP, I would want solid evidence that the tv was in perfect condition.

[sophiepop]

That’s not good and I have no idea how you can prove it wasn’t caused by you. I would be so annoyed!

I hope you get it sorted

[LunaNyteskye]

Originally Posted by blusteryday

This article may be of interest too

washingtonpost/lifes...0a8_story.html

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Could someone perhaps outline the gist of the article for me please? It won't let me see it.

[blusteryday]

I've attached a PDF version for easier reading (hopefully).

[JoJo88]

Originally Posted by sophiepop

That’s not good and I have no idea how you can prove it wasn’t caused by you. I would be so annoyed!

I hope you get it sorted

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You’d like to think it’s up to the hotel to prove it was caused by whoever they are accusing... I’d be fuming too!

[LunaNyteskye]

Originally Posted by blusteryday

I've attached a PDF version for easier reading (hopefully).

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Thank you!

[duchy]

Are you a solicitor Cad ?
Whilst morally i agree , most hotel bookings come with T&Cs that say they can deduct from the provided CC for damage so whilst of course it must be challenged , the focus should be on ensuring the CC company doesn't take the disputed amount , as inevitably it'll be harder to get back once they have the money, regardless of the fact the onus is on them to prove who did the damage.
Horrible situation , always harder to prove you didn't do something than you did, and of course the hotel knows this

Originally Posted by CAD

Given this is a civil matter the onus is on the hotel to prove that you did the damage.

First thing I would do is write/email to them formally advising that you do not give them authorisation to take any money until such time it can be proven it was you, any attempt to take the money will be treated as unauthorised, and they will be liable for any charges/fees involved. I would also contact the card company to advise them that you have not approved the transaction.

Secondly, I would ask the hotel for before and after photos and copies of their room inspection (to prove they in fact check the TV and room before and after each guest arrives and leaves) at this point I would suspect the hotel would deem it not worth their time.

Thirdly, I would raise a complaint with the head office in relation to how you have been treated and that it is unacceptable to accuse a guest without providing any evidence.

As I say the onus is on them to prove you did the damage not for you to disprove it at this point. They need to do the work and show you the evidence for accusing you.

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[Jennywren]

Came across this post from a solicitor which may be of some help its written as advice to hotel and guest house managers :

lexology/library/det...b-99e5f9cc51c2

Hope you manage to get this resolved. Couple of thoughts check your travel insurance to see if this offers any cover for damage and also your home insurance I'm guessing that no insurance company would want to pay out on your behalf without proper proof of your liability.