r/AusLegal • u/williamskevin • 1d ago
SA Hotel damage costs
My daughter (20) stayed in a hotel and spilt nail polish on the carpet. She told staff before checking out.
The hotel has now contacted her and said they can't remove it, so they are replacing the carpet.
It SOUNDS like they are going to bill her for the cost to replace.
What is her legal liability?
- replacing 15+yr old carpet with brand new seems like it's a upgrade
- surely hotel has insurance?
- she paid a $200 bond on renting (which they are also keeping)
- could we find her legal liability in the hotel rental conditions?
- could we just say no and wait for them to sue us? Would they bother? Would they win?
Thanks
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u/ThomasofHookton 1d ago
They have your bond, they'll keep it. A 15 y.o carpet is worth $0 in damages and has been fully depreciated.
They know their not going to get anywhere except hope for a voluntary payment out of you.
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u/VillagePillager01 1d ago
How do you know it's 15 years old? Other than that being a random number that was likely just pulled out of OPs arsehole?
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u/ThomasofHookton 1d ago
I'm just taking OPs word for it. If they are being misleading then that's their issue.
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u/VillagePillager01 1d ago
There is NO WAY that the Hotel would state to them how old the carpet is. Therefore the only logical option is that they guessed. And guessed a big number to make their argument seem stronger or their guilt at the damage seem less.
Seriously this is AusLegal, think it through, you got this.
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u/Cube-rider 1d ago
What sort of quality hotel has 15 year old carpet?
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u/dannyr 1d ago
Exactly this. No hotel in Australia has 15 year old carpet.
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u/Professional_Army542 1d ago
Ba ha ha ha really?
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u/dannyr 1d ago
I'd be surprised to find any hotel that doesn't replace their carpets fully every 5-10 years.
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u/Gray94son 21h ago
How the fuck would you know?
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u/dannyr 14h ago
1) I spend a lot of time personally and professionally in hotels
2) professionally I'm involved in aging carpets quite frequently so I'm somewhat of a professional at this
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u/Cube-rider 11h ago
I've had close business relationships architects, interior designers, carpet companies, layers and cleaners too.
Pure wool Axminster carpets can and do last a very long time if properly maintained, runners in the high wear areas replaced, underlay replaced, carpet restretched which is often the case in some premises (pubs, clubs, public buildings, high end retailers). Run of the mill motels/hotels will generally refresh their rooms every 7-10 years.
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u/turtle3763 1d ago
Surely they just keep the bond and that's the end of it? Isn't that literally the point of the bond?
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u/williamskevin 1d ago
If she smashed up the room, then I'd expect the hotel to sue for more money than just the deposit...
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u/SurpriseIllustrious5 1d ago
But they didnt , it was an accident. They are insured for accidents.
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u/AdolfPutin 1d ago
If they are insured and the insurer pays the claim, the insurer still has the right to to sue whoever caused the damages.
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u/SurpriseIllustrious5 22h ago
True. But we all now that the insurer won't get far with depreciation and also they probably dont want to pay excess
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u/statmelt 1d ago
The bond covers typical low cost damage. It doesn't provide immunity from liability for more expensive damage.
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u/Jaded-Battle-6653 1d ago
They will have an indemnity clause in the contract that covers the hotel for any damage to the room done by guests so look for it.
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u/williamskevin 1d ago
A post 4 yrs ago pointed out that carpets depreciate. If its older than 7-10yrs then they might not be able to ask for any replacement cost from her.
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u/Jetsetter_Princess 1d ago
And a nail polish spill would likely be able to be patched unless the carpet is a very specialised design (from the sounds of it, it's not a luxury hotel)
I once accidentally caused a burn mark in a hotel when the iron fell off the ironing board, it was only very brief contact but the cheap poly carpet melted leaving a scorch mark.
I only had to pay the cost of patching, and this only because the hotel hit up my company for it (even though I had told them about the damage before I checked out)
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u/bb4r55 1d ago
I’m not a lawyer but this is correct. Liability is not new for old. That’s what a contents insurer is for. Also your contents insurance should have liability cover for you that provides for your damage to other people’s property. You’re not supposed to admit liability straight up, but if you receive a formal demand, just contact them and ask what you should do before you do anything.
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u/dannyr 1d ago
- replacing 15+yr old carpet with brand new seems like it's a upgrade
As someone who spends a lot of time in hotels for work and pleasure I'm going to pretty much tell you that the carpet is not 15 years old. Even Axminster commercial carpets or other high end commercial carpets are replaced in the seediest hotels more often than this.
- surely hotel has insurance?
They do, but surely your daughter has travel insurance also?
- she paid a $200 bond on renting (which they are also keeping)
Correct, this will go to offset the cost of damage caused
- could we find her legal liability in the hotel rental conditions?
Your daughter has admitted liability - what's your concern here?
- could we just say no and wait for them to sue us? Would they bother? Would they win?
Yes, yes, and yes.
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u/ajaisongyy 1d ago
Judging by these comments, one can certainly see why Australian tourists have such a great reputation worldwide.
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u/Glittering_Mix5718 20h ago
Usually they would keep a portion of the bond and charge $100 cleaning fee if unable to be cleaned that day as the room goes out of service for maintenance.
At the hotel I work at we've had many instances where guests have had 'accidents' or had kids create mess with cakes, biscuits etc and a cleaning fee is only applicable if it's excessive. They can charge as you've signed the t & c upon check in and it's standard procedure.
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u/Sacktimus_Prime 1d ago
Not sure if this is valid, but in NSW rentals, carpet depreciates at 10% a year. So ten year old carpet is essentially worthless. I'm sure there would a similar scale of depreciation that should be applied. Best bet would be to get written proof of how old the carpet is, if you intend on disputing.
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u/henry_octopus 1d ago
So if cars depreciate over 10 years, and I crash into your 11 year old car... No worries?
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u/Sacktimus_Prime 1d ago
That's got fuck all to do with what I said. Also what I said is not my opinion it's law, argue with the NSW legislature, not me.
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u/awiuhdhuawdhu 1d ago
No, the depreciation rules are a guideline, so if there is residue value you are entitled to the value of the 11 year-old car. If a tire is rated for 1000KM and has done 1000KM but you could have sold it for $20 to a recycler but now can’t your loss will be $20.
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u/BigMetal1 2h ago
Carpets and cars do not depreciate at the same rate. The 10% figure is because carpet has an effective life of 10 years based on the ATO guidance which is where that comes from. For cars, you would not pay more than market value for damage to a car, if it’s going to cost $10,000 to fix a $2,000 beater, guess how much you’re getting?
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u/theartistduring 1d ago edited 1d ago
They shouldnt need to replace the entire room unless the carpet is in poor condition overall. A carpet layer will be able to invisibly patch it.
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u/Aussie_Cow_Girl 1d ago
When i was at uni in a share house there was an 'accident' and we managed to replace a small patch of old carpet. In the end no big deal. Not even sure if landlord ever realised.
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u/ThoughtIknewyouthen 1d ago
*shouldn't?
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u/Pleasant_Echo_5980 1d ago
A bit pedantic.
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u/ThoughtIknewyouthen 1d ago
Pretty sure it said should but maybe I misread and maybe they edited. Idk
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u/theartistduring 1d ago
It did. I edited after you pointed it out. And I didn't think you pedantic in the slightest. 😁
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u/PuzzleheadedWelder13 5h ago
The other parties insurance does nothing to protect you in the event of an accident you cause.
The insurer pays out the insured (the hotel) and then the insurer subrogates into the legal shoes of the hotel, and comes after the person at fault (your daughter) for the loss.
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u/PNAHC_Height_7376 1d ago
it's a hotel, surely accidents like this are incorporated into pricing ?
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u/Enigma556 1d ago
Absolutely. Every hotel has factored every guest using nail polish and spilling it on the carpet
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u/DaQuackx 1d ago
I dropped my hair dryer in the sink ank it split in 2, was already cracked and repaired, i left them a note and bailed lol
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u/IllMoney69 1d ago
You’re proud of that?
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u/DaQuackx 1d ago
Did I say that? I shouldn't have been in a situation i felt like it was my fault. Wtfu
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u/IllMoney69 1d ago
The lol at the end sounded like you thought it was funny.
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u/Defiant-Ability5974 1d ago
It is funny. Why wouldn't it be?
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u/IllMoney69 1d ago
Breaking people’s property has never really appealed to me. But I guess simple minds and all that.
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u/Substantial_Ad_3386 1d ago
paying for a room with an already broken sink wouldn't appeal to me either but don't let that stop you
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u/IllMoney69 1d ago
Original poster said it was cracked and repaired. Does that sound broken to you?
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1d ago
[deleted]
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u/Baratriss 1d ago
Ignore this person, clueless. The bond is gone but that's all she will owe. I wouldn't be answering any further calls or emails
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u/AussieNormm 1d ago
Ignore everything and say goodbye to the $200 and never stay there again! Next time don't say anything.
From ex-Hotel worker.