Asked by the Customer on 25-05-2014 12:48:59
Question posted in the Consumer Protection Law category relating to KwaZulu-Natal
Question posted in the Consumer Protection Law category relating to KwaZulu-Natal
To whom it may concern,
I would like advice on the following discrepency:
My Fiance (US Citizen) and I were on vacation at a guest house in the Bluff, Durban.
First off, we never signed in to the register to accept the fee the lady from the guest house quoted us.
Then she had no card facilities and insisted on cash payments with no issuance of recipts.
I stayed on some time after my fiance returned to America. Which she never signed out of the establishment. The lady we rented the room from kept my clothes and tattoo kit as I'm a tattoo artist by trade, in the persuit of a pseudo outstanding bill, which at first we agreed to pay but not signed on paper in a form of a contract of any kind.
She has had my tattoo kit for two weeks, and refuses to give it back until said account is settled.
How do I go forward with this, meaning does she have any grounds to have me arrested? Which she has threatened via email.
I have lost business for the past two weeks that amounts to over what she claims we owe her. My iPhone 4s was also stolen from the premises which on her website claimed that it's safe and secure.
Regards,
William
I would like advice on the following discrepency:
My Fiance (US Citizen) and I were on vacation at a guest house in the Bluff, Durban.
First off, we never signed in to the register to accept the fee the lady from the guest house quoted us.
Then she had no card facilities and insisted on cash payments with no issuance of recipts.
I stayed on some time after my fiance returned to America. Which she never signed out of the establishment. The lady we rented the room from kept my clothes and tattoo kit as I'm a tattoo artist by trade, in the persuit of a pseudo outstanding bill, which at first we agreed to pay but not signed on paper in a form of a contract of any kind.
She has had my tattoo kit for two weeks, and refuses to give it back until said account is settled.
How do I go forward with this, meaning does she have any grounds to have me arrested? Which she has threatened via email.
I have lost business for the past two weeks that amounts to over what she claims we owe her. My iPhone 4s was also stolen from the premises which on her website claimed that it's safe and secure.
Regards,
William
Message from the Attorney
Posted by Att. Patrick on 25-05-2014 23:36:42
Hi there and thank you for your question,
First, it does not matter if you did/didn't sign into any register that the guest house had. If you agreed on a price for your stay, per night or whatever, then that is the price that binds the parties - i.e. your contract. There is no reason to either sign into / sign out of the guest house. Any register would really only be for the guest house owner's personal records.
Secondly, there is no reason that the guest house owner needs to accept credit card facilities. As most guest houses do, she should advise guests in advance that payment would need to be made in cash. Legally, she is entitled to require that you settle your account using cash. Also, you can require to receive a receipt as proof of payment of the account. If she does not have a receipt book, then you could write up your own receipt and have her sign it.
Third, she is not legally entitled to retain your goods (specifically your tattoo kit) in order to force you to pay the outstanding account. You could actually lay a charge of theft against her for refusing to give your goods back. My advice would be to lay this charge against her, and ask the police to accompany you to her premises to go and recover your goods. She could be arrested for this! So you should definitely threaten it.
Fourthly, you can't be arrested for refusing to pay an account. She could sue you for the money that she alleges you owe, but she can't have you arrested. At best she has a "civil" claim against you. You on the other hand have a "criminal" claim against her.
It sounds as if this whole dispute arose because your iPhone was stolen while at the premises, and you feel that she should either compensate you for your loss or waive the fee for you to stay there. Unfortunately that's not quite how things work. She should provide you with a safe environment for your goods, but at the end of the day it is up to you to protect your goods. You could lodge a claim with your insurance company for a stolen phone, or you could try sue her for her negligence.
Finally, you don't really have a good claim to sue her for your lost business while she has retained your tattoo kit.
You should definitely get the police involved, and get your stuff back!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
First, it does not matter if you did/didn't sign into any register that the guest house had. If you agreed on a price for your stay, per night or whatever, then that is the price that binds the parties - i.e. your contract. There is no reason to either sign into / sign out of the guest house. Any register would really only be for the guest house owner's personal records.
Secondly, there is no reason that the guest house owner needs to accept credit card facilities. As most guest houses do, she should advise guests in advance that payment would need to be made in cash. Legally, she is entitled to require that you settle your account using cash. Also, you can require to receive a receipt as proof of payment of the account. If she does not have a receipt book, then you could write up your own receipt and have her sign it.
Third, she is not legally entitled to retain your goods (specifically your tattoo kit) in order to force you to pay the outstanding account. You could actually lay a charge of theft against her for refusing to give your goods back. My advice would be to lay this charge against her, and ask the police to accompany you to her premises to go and recover your goods. She could be arrested for this! So you should definitely threaten it.
Fourthly, you can't be arrested for refusing to pay an account. She could sue you for the money that she alleges you owe, but she can't have you arrested. At best she has a "civil" claim against you. You on the other hand have a "criminal" claim against her.
It sounds as if this whole dispute arose because your iPhone was stolen while at the premises, and you feel that she should either compensate you for your loss or waive the fee for you to stay there. Unfortunately that's not quite how things work. She should provide you with a safe environment for your goods, but at the end of the day it is up to you to protect your goods. You could lodge a claim with your insurance company for a stolen phone, or you could try sue her for her negligence.
Finally, you don't really have a good claim to sue her for your lost business while she has retained your tattoo kit.
You should definitely get the police involved, and get your stuff back!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
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