Theft from guest hotel room

[brizo2478]

Hi, I would be really grateful if someone could give me some advice on how to proceed in this matter.

In early December I was staying at a hotel and my room was entered and some high-value items were taken by someone who was not a hotel employee. The hotel loss adjuster has sent me the below correspondence stating that whilst the hotel believes the contractor the suspect obtained the key from was negligent, as they were employed by a cleaning contractor and not the hotel, the hotel is not liable and my compensation would be limited to the standard £100.

Is this correct and if I were to try and claim against the cleaning contractor what would my chances be and how would I go about this? The value of the goods taken was around £4000 so it's a big loss to me at no fault of my own.

I have provided the text of the letter below.

" Further to our previous correspondence we can advise that we have now completed
our investigations into liability.
Our investigations reveal that the culprits managed to obtain the master key from one
Of the Cleaners whilst they were hoovering their room and swap it with their own key.
On realising the master key did not work, the Cleaner swapped it for another believing
that it had been de-magnetised.
Unfortunately, the culprits were able to gain access to the rooms after this occurrence
using the master key. We understand the culprits were apprehended by police, and a
number of items were recovered.
Whilst we appreciate our Principals Insured owes a strict liability under the Hotel
Proprietors Act 1956 in the absence of any negligence on the part of the Hotel, this is
limited to £100 per person.
It is our Principal’s case that the Cleaner who was a direct employee of Omni Facilities
Management Ltd was negligent as they failed to take sufficient care of the master key
whilst it was in their custody and control.
Whilst this incident was regrettable, we do not consider that our Principal’s Insured has
been negligent, so any claim will need to be redirected to Omni Facilities Management
Ltd, 11 Beavor Lane, London, W6 9AR who have been put on notice.

Offices at: Birmingham, Belfast, Bolton, Dublin, Glasgow, London, Maidstone, Northampton
QuestGates Limited is registered in England, Company No. 4612407

If you still intend to pursue a claim against our Principal’s Insured then we strongly
suggest you seek independent legal advice."

Thank you in advance.

[echat11]

Hi Brizo2478

I'm sure one of the resident experts will advise shortly. As an aside have you got legal expenses insurance with any of your insurance policies?

[islandgirl]

I am not an expert in this area at all but I would think the hotel is liable for this - they are trying to shift the blame. They are the ones who should seek recompense from the cleaning company. I think the letter is an attempt to put you off taking it any further. Good question re legal expenses insurance. Hopefully someone who knows far more about this area of law than I do will be along soon.

[brizo2478]

Hi Brizo2478

I'm sure one of the resident experts will advise shortly. As an aside have you got legal expenses insurance with any of your insurance policies?

HI, I'm afraid I don't have legal expenses cover.

[echat11]

I am not an expert in this area at all but I would think the hotel is liable for this - they are trying to shift the blame. They are the ones who should seek recompense from the cleaning company. I think the letter is an attempt to put you off taking it any further. Good question re legal expenses insurance. Hopefully someone who knows far more about this area of law than I do will be along soon.

I agree, if the cleaning company is to blame, then the hotel compensates for your for the stolen goods, then the hotel chases the cleaning company for the value of the items stolen. It's really one for Rob, des8 and ostell.

[Ukmicky]

So the hotel has a duty to ensure that unauthorised access to customers rooms is prevented as far as a reasonable person would expect and that access cards or keys are not placed somewhere where anyone can get hold of them . For example if they left the access card for your room on a unattended desk ,they would be negligent if someone came in, picked up your room card and used it to steal from your room.. Normally you train your staff so they adhere to your security standards.

Write back and ask to see the hotels security policy in regards to preventing unauthorised access to customers rooms and security of access cards , and evidence that the cleaning company had been given a copy of the policy and had agreed in writing to abide by the policy.

Also did they have a sign up saying something like the below following ,if they did there liability is reduce to £100 unless they were negligent.


Leaving a access card or key lying around is negligent so the below shouldn’t apply . So the only question is who is liable hotel or cleaning company . I would say the hotel as the cleaners are under the hotels control when in the hotel and must follow the hotels security policies when they are on the premises.




Loss of or Damage to Guests’ Property
Under the Hotel Proprietors Act 1956, an hotel proprietor may in certain circumstances be liable to make good any loss of or damage to a guest’s property even though it was not due to any fault of the proprietor or staff of the hotel.
This liability however—
(a) extends only to the property of guests who have engaged sleeping accommodation at the hotel;
(b) is limited to £50 for any one article and a total of £100 in the case of any one guest, except in the case of property which has been deposited, or offered for deposit, for safe custody;
(c) does not cover motor-cars or other vehicles of any kind or any property left in them, or horses or other live animals.

[islandgirl]

You could. But I would just not take them on! I would write back and tell them the problem is theirs and they can sort it out with the cleaning company but that you hold them responsible and tell them the value of what was lost and that you expect them to pay you.

[des8]

The hotel remain liable for the acts and omissions of such contractors as cleaning companies either through contractual liability, agency ,or vicarious liability
So as already advised "hold hotel responsible"

[Huxie]

⬆️ Please stop spamming the forum - reported

[Pezza54]

OP should try to find out whether thefts from the guest rooms has happened in the past. The hotel is unlikely to admit to it but the police should confirm this (assuming they were involved)
If there were previous thefts and a master key was involved then the hotel is more likely to be found guilty of negligence in a court case. If negligence by the hotel is proved then the limit of £100 per guest does not apply.
OP should also check their home contents insurance. They may have taken out additional insurance to cover valuables taken out of their home.

[atticus]

I expect that in the last 20 months the OP has had some kind of a resolution.

Spammer reported.

[Pezza54]

A few years ago there was a case, not dissimilar, where £50k of valuables was stolen from a room safe (the safe was ripped from the wall). The electronic locks on a few of the guest doors were not failsafe and there had been a theft from a room without sign of forced entry..
The Court of Appeal decided the hotel had been negligent. They were aware there was a fault with the door locks but had chosen not to replace them.
The claimant was awarded their financial loss.