accidental damage

[ping_zing]

Hi
I am looking to rent a Villa direct from the owner for the first time and have found a suitable villa and have received the contract to sign but am unsure about what exactly the security deposit is supposed to cover. I understand that if we break something then the replacement cost would be taken from the deposit and have no problem with that but would the security deposit cover us for accidental damage on more expensive items in the house. Say for example the felt on the pool table gets damaged by a miscued shot this could be an expensive repair so would we be expected to pay for this or would this be covered under the owners house insurance?
This is the paragraph from the contract that is causing me concern -

'1. Where loss or damage to the Property, the inventory, or equipment exceeds £180 for UK guests (determined by the exchange rate pertaining at the time and as quoted by National Westminster Bank PLC) or $250, the lessors will bill the lessee for the shortfall, and the lessee agrees to pay within 14 days. In the event that the Guest fails to pay any such shortfall, the lessors reserves the right to exercise any legal remedies to pursue the amount owed from the lessee'.

We will of course take great care during our stay and fully respect the property we are renting but at the same time want to be able to relax but with a 4 year old running around accidental damage could occur although we will try to place things out of reach where possible.

I would appreciate the views of Villa owners, is this fairly typical in rental contracts or should the security deposit cover this?

[Snapper]

I can give you one owner's perspective on this and I am sure that other owners and hopefully guests who have rented through this site will also chip in.

Broadly speaking, my expectation when I entrust the villa to someone is simply that I get it back in the same tip top condition that it was in when my guests first walked in through the front door. I don't think that's too much to ask, and in a nutshell, that's about it. A statement like that obviously doesn't cover everything though; so let's look a bit deeper into it.

After a full season, would I expect the villa to still be in exactly the same condition? Well, maybe not. I can deal with the odd broken cup or plate, the odd missing towel that got covered in suntan lotion. I don't think I'm overstepping the mark if I suggest that almost all villa owners will consider things like this general wear and tear. We all have to allow for it, and we all try to get over to Florida as often as possible to put these small things right and replace things that need replacing. Over a longer period of time bigger items are going to wear like the bedding and furnishings and part of the joy (??) of owning the villa is constantly keeping on top of these and refreshing or replacing where necessary. From an owners point of view (or at least mine) this is my responsibility and is nothing to do with any one set of guests; and if I do my job right, you'll never notice this process happenning, everything will just appear perfect all of the time.

Now I know that this hasn't yet answered your question about a scuff or tear to a pool table; and that's a really good question as it feels kind of on the boundary between what might be considered wear and tear vs. what might be considered damage (accidental or otherwise). To try to answer it as best I can, let me flip the question around. Suppose you were staying in a villa, and suppose you scuffed the felt on a pool table. If it was you who scuffed the felt, would you expect the villa owner to pay for it? Let me take the example further ... suppose you had your own pool table back home, and suppose you scuffed the felt on that table while playing, completely accidentally. Would you expect someone else to pay for that repair? I think we'd all agree that the answer to the second example is definitely not. Your table, your mistake, your bill. So should this be any different when you are staying in a villa. To all intents and purposes the villa becomes your home for the week or three that you stay there. If it isn't your responsibility, then whose is it?

Aha! But there is always insurance, and that there is, however any claim by the owner is likely to put up next year's premium and the year after and the year after, etc. Villa insurance is a bit different to a UK policy in that if you claim the premium goes up. Simple as! So if the owner provides insurance and the owner claims the owner is paying. There is always the option for a guest to take out their own policy though. I am sure that every owner here would have no problem with that. [msnwink]

I'm still aware that I haven't given you a straight answer but I am getting to it. First though there is one other consideration and it is something that gets discussed almost every day by the owners. This is the guest who damages something, doesn't tell anyone, tries to hide it and then when asked denys all knowledge and gets very shirty. It can be very annoying and frustrating from the owner's point of view because we do know exactly what condition the villa is in and if something gets broken we know. Trust me! The flip side of this is the guest who phones the owner straight away to apologise that due to some accident (mis-cue on the pool table) something got damaged and what should they do. The second example we can happily deal with as it gives us time to put things right before the next guests arrive. The first example is, to be brutally honest, just downright annoying as it causes heaps of aggro when both owner and guest know the full story.

So here's my answ

[MarkJan]

Steve, a very thorough answer.

[LiesaAnna]

well thought through there Steve, fully understood,

[steph_goodrum]

From my personal point of view I market to families so accept there may be accidents and cover the cost accordingly (in 6 years I have never felt the need to deduct from anyones security deposit). As my villa liked most is checked between each guest then obviously I am aware of what conditions things are in. If my mc were to then tell me of 8 or 9 faults after a guest left then that would be negligence (whether carelessness or non supervision of children) and I would expect them to pay for the damage.

most of the insurance policies have a high excess of around $500 so in most cases it wouldnt cover small amounts.

As Steve says though, my first reaction is how the guest chooses to deal with the situation, if they are honest enough to admit it then it goes a long way.

The other way to look at it Ping, is from the homeowners point of view, they are asking you to trust them with £180 of your money in return they are entrusting to you a home worth probably in excess of a quarter of a million dollars.

Another consideration when setting the level of security deposit is that many owners have back to back bookings constantly as they are so popular, should a guests cause excess damage then it may render the home in an unfit state for the next guests to arrive meaning the homeowner then is compelled to pay for alternative accommodation for them until it is put right.

Sorry it's a bit long winded but I hope it goes some way to giving you our side of the story.

[Kazzie]

A brilliant answer Steve, I am fully impressed[msnsmile]

Karen

[orlandodaze]

It never ceases to amaze how villa owners trust their beautiful homes to complete strangers. I suppose most decent people take more care of their villa than of their own home . I know I try and keep it looking almost as good as when we first arrive and everyone says "WOW" . Just now we are sadly packing to return home tomorrow , and our beautiful villa looks a bit like a bomb site with 6 peoples shopping and not one but two extra suitcases to be filled .I know the cleaners are coming in when we leave but I still have to go around with the vacumn cleaner and polish and dust the whole place. Its a matter of pride really.

[pepsi]

Having read your posting Steve you have clearly explained the situation and given a fair account. I think most home owners would agree with the comments and suggestions you have made.

[Carla]

Very few guests do any damage at all Ping. The vast majority are wonderful people who treat our homes beautifully. Most take as much pride in our homes as we do![msnsmile2][msnsmile2]

We all have those clauses in our T&Cs to protect us from the odd guest that crops up once in a while, unfortunately.

There are three "incident types" that I know of when just about every owner will pursue a guest for all of the security deposit, and more, if the repair costs more than the security deposit.

1. When a guest brings a pet (cat, dog or whatever) to a home that doesn't permit animals. This necessitates a thorough spring clean of the entire home and all furniture and furnishings, which is expensive. It has to be done because the next guests could have allergies to animals.

2. When a guest smokes inside a non-smoking home. Same as above, entire home has to be treated.

3. When a guest causes damage that could not have been caused if the item/s had been used in the manner and the purpose for which they were intended.

Examples for point 3, that I know have happened to unlucky owners include:

a) an iron burn on a sofa. What on earth was a hot iron doing anywhere near the sofa?

b) dining chairs ruined by chlorine, sun and rain because they had been taken onto the deck and left there overnight. They were dining chairs, not deck chairs and should never have been removed from the dining room in the first place.

c) cigarette burns in a carpet and/or furniture. In a non-smoking home this is unforgivable because not only does the home need to be deep-cleaned, the room also needs a new carpet/furniture. In a smoking home it shows total lack of care and attention. (This happened in non-smoking homes).

d) the home was trashed. Comforters/quilts torn, rubbish left all over the place etc. etc.. No reasonable person would treat a home this way.

e) a paintball fight on the deck and paint spots all over the family room. What were these morons thinking????

As you can see, none of these could ever be considered accidental damage, but would definitely be considered willful damage. The paintball incident involved the police, was treated as criminal damage and cost the guest thousands of dollars.

As Steve said if an accident happens and the guest is upfront about it that counts for a lot.

Enjoy your time in the villa. You sound like a normal caring person and I'm sure that you'll be fine. [msnsmile2][msnsmile2]

[Carla]

Enjoy your last few hours Olive. Don't clean. You're on holiday![msnsmile2][msnsmile2]

What really helps though is if the dishwasher is loaded and started, all beds that have been used are stripped of linen which along with all used towels is put in the laundry room, and you then start a washing load of bedlinen or towels. The cleaners will definitely thank you for doing both of these things.[msnsmile2][msnsmile2]

They have to vacuum each room as they leave it, so that there are no "footprints" in the carpet, so definitely don't worry about doing that! [msnsmile2][msnsmile2]

<blockquote id="quote" class="ffs">quote:Originally posted by orlandodaze
I know the cleaners are coming in when we leave but I still have to go around with the vacumn cleaner and polish and dust the whole place. Its a matter of pride really.
[/quote]