Nightclub lost my coat - do I have legal rights?

[Soliloquy1]

Last night, I paid money to have my coat (£100) and a £200 pair of glasses looked after in the cloakroom of a nightclub and was given a ticket. However, when I gave the girl my ticket at the end of the night, she said that my coat has been lost and referred me to her manager. The manager pointed to a very small notice (an exclusion clause) on the wall which stated that if belongings are lost when in their care, they will provide £50 compensation and no more.

Surely the owners have a contractual duty of care to look after my belongings when I have paid them to look after them? Legally, where do I stand? Are they allowed to get away with paying me a mere £50 for my loss when they failed to take reasonable care?

Thanks.

[bluebottle]

Re: Nightclub lost my coat - do I have legal rights?

Hi and welcome to Legal Beagles.

When you entrust your belongings to another as part of a service, they have a duty to exercise reasonable care and skill in providing that service. This is enshrined within the Supply of Goods and Services Act 1982. In your case, it cannot be said the nightclub has exercised reasonable care and skill as they have succeeded in losing your coat and glasses.

When you handed over your coat and glasses to the cloakroom at the nightclub and paid your fee, a contract was formed and, as such, is binding. This includes applicable statutory duties and obligations.

In your case, the nightclub breached their statutory obligation to exercise reasonable care and skill in looking after your coat and glasses by losing it. You have, as a result of their breach, suffered a loss which is going to cost you £300 to put right.

Where a business attempts to restrict their liability by use of a disclaimer, the disclaimer has to be reasonable in the circumstances. This is enshrined within the Unfair Contract Terms Act 1977 (as amended). Proof that the disclaimer is reasonable lies on the provider of the contract which, in your case, is the nightclub.

You need to write to the manager of the nightclub and point out that you entrusted your coat and glasses to their cloakroom for safe-keeping and they are under an obligation, under the Supply of Goods and Services Act 1982, to exercise reasonable care and skill in providing you with cloakroom services. You also need to point out that the nightclub failed to comply with their obligation to exercise reasonable care and skill by losing your coat and glasses. You also need to point out that, under the Unfair Contract Terms Act 1977 (as amended), any disclaimer they are relying on must be reasonable in the circumstances and that proof it is reasonable lies on them. Give them 14 days from receipt of your letter in which to settle in full. If they won't play ball, then you will need to consider pursuing them through the Small Claims Court.

[Guest]

Re: Nightclub lost my coat - do I have legal rights?

Last night, I paid money to have my coat (£100) and a £200 pair of glasses looked after in the cloakroom of a nightclub and was given a ticket. However, when I gave the girl my ticket at the end of the night, she said that my coat has been lost and referred me to her manager. The manager pointed to a very small notice (an exclusion clause) on the wall which stated that if belongings are lost when in their care, they will provide £50 compensation and no more.

Surely the owners have a contractual duty of care to look after my belongings when I have paid them to look after them? Legally, where do I stand? Are they allowed to get away with paying me a mere £50 for my loss when they failed to take reasonable care?

Thanks.

Just a thought but does this club have a social network address, many do, sometimes a post on the wall on a Facebook page for instance can work wonders I have found, particularly if they depend on the trust of other customers when visiting their premises.