Having taken the plunge and booked a vacation apartment rental for the first time (in Barcelona) I've been thinking about what people do when things go wrong. A rather animated post on Fodors on this subject also got me going, so I thought I'd get your thoughts, as many of you are veterans...
So here's my question: what do you do if you arrive at the apartment and it's unacceptable ? Crucial elements not as advertised ? Unclean ?
I've got a pretty good idea how things work in France from a contractual/legal perspective (assuming of course the apartment you are renting is legal to begin with). Not at all sure how things work in Spain or elsewhere.
Curious as to people's thoughts...
-Kevin
p.s.: I'm not really losing sleep over this, if anyone wonders. If we show up in Barcelona and the place is an unlivable dump, well I'll be out 200€ and if we can't find anything else, we'll just turn around and drive home. Worse things could certainly occur in life...
Honestly? The VERY best thing to do is tell someone who can do something about it ASAP!
I own two vacation rentals - one is very near to me in the US, so I can be over and check on things frequently...the other is in Italy, where I depend on my housekeeper and guests to keep me informed....if I don't know about a problem, than there would be no way to fix the situation.
The very WORST thing you could do, if you showed up to a dirty place, would be to do nothing and just suffer through and be miserable.
If a guest arrived and found the housekeeping lacking (for instance) I would expect them to notify the person listed on whatever instructions they have been given (be it owner or caretaker) and ask that it be re-cleaned as soon as possible. I would expect that it would be very wise to put this request in writing via email as well if possible (although a phone call would produce faster results - so I would do both)to the person that the booking and payments were arranged through.
If a situation like that was not resolved, I would probably ask for a reasonable refund for the portion of my stay that was disrupted.
Originally posted by Musetta: Honestly? The VERY best thing to do is tell someone who can do something about it ASAP!
Absolutely! We've very occasionally had feedback for an agent or owner--once that the place hadn't been cleaned prior to arrival, once about some pool repair that was needed, once a very minor thing about kitchen equipment needing replacing. In all instances the owner/agent was very responsive and indeed grateful that we'd quickly brought the matters to their attention so they could correct them. As to the matter of a property not being quite as advertised (my humorous Paris rental where you could roll out of bed and off the loft comes to mind), well, depends on the severity and the situation. But yes, I'd certainly inform the owner/agent ASAP and go from there.
And even if the matter is more than an inconvenience, it certainly is to everyone's benefit that the situation can be hopefully resolved quickly. (and yes, I'd also document with photos or by showing to a third party (keyholder, whoever) as necessary)
Kevin, I stayed at an apartment in Zagreb that looked great on the internet, roomy and clean, good reviews, and I had good communication from the owner.
When I got there, the owner was away; his mother (who spoke no English) showed us our place, and I've compared it to a rabbit warren in my review. Definitely not as promised. It was impossible to communicate with the owner's mother due to the language barrier, and we could not contact the owner. We bit the bullet for the night - the apartment was situated over a very lively all-night bar. Needless to say, it was not a restful night's sleep.
When I came home, I emailed the owner with my complaints but only got a very nasty letter in return. My only recourse was to leave an honest appraisal of his place on the website it was advertised on.
Thanks for the replies - that makes perfect sense to look the place over carefully and push to get problems straightened out immediately.
But I guess I am more interested in cases like Terry's where you can't find an immediate solution.
What are your rights as a renter ? How do you go about seeking compensation ? Is it better to refuse the apartment and try to get your deposit back? And what if you have already paid in full ?
I've looked into the legal aspects in France - they are quite detailed. No idea about Spain and as I don't speak Spanish...
Your very best recourse would be through your credit card company and/or paypal if you used them to pay (which I would always advise.) Document, document, document - they certainly won't issue you a refund just because you ask - you will have to prove that you did not get what you paid for.
Another option would be to perhaps book with one of the larger websites that offer a guarantee (I believe Home Away & the others they own - vrbo, ownersdirect, holidayrentals, etc.) I have not read through the terms myself though, so, obviously, read the fine print.
Terry's experience highlights a very important point to take notice of perhaps - ask HOW to contact someone if you arrive and all is not right - find out who you can contact locally if something should go wrong. Ideally, there will be an English-speaking contact person nearby, as well as an owner or agency that is easy to contact at all times - renters can call me anytime on my home phone, cell phone or email, text message or fax and are given that info. as well as my local caretaker's home and cell phone numbers. I would be very worried to rent somewhere I couldn't contact someone!
AS far as taking legal action in Spain...I wouldn't really ever bother to do that as it would probably be more time and money than I'd be willing to commit, so I haven't looked into it. The best thing to do, would be as Terry did - leave an honest evaluation online so others will not make the same mistake.
p.s. Kevin, since you are an owner yourself, why don't you ask re: the aspect of Spanish legality on the LayMyHat forum? I would assume holiday rental owners there may have a better idea.
Keven, I looked at your rental again. It looks very nice and has good reviews. It gives good vibes.
Two things, well three:
1. in all my experiences renting in Barça, every rental has looked smaller - about 15% to 20% smaller - than the advertised surface. I have got used to this and do not mind so much as when the caretaker is not there at our arrival, or when an apartment turns out not to have been well cleaned since the last occupancy. Yuk!
2. You know when you ask about a specific risk... Even though you say you are not losing sleep over it, the accumulation of advice and sharing of experiences gone wrong could have an effect of heightening one's paranoia. I explain: Once I asked what everyone thought of the pickpocket situation in Barcelona. I should have known better. Should never ask about weather (weather happens, duh ! the reply is always: warm, unless it's cold, or could change, or mild, or depending on what you're used to) or pickpockets. Even if 80% of the posters said - and I know from my own experience - that there is nothing to worry about. After 5, 6, 7, 8.. posters shared their horror pickpocket stories, we became paranoid and unsettled. Served me right for asking. Am not saying you shouldn't ask. Am suggesting that you not start down the road of freaking out.
3. Most importantly, after I looked at the map of your rental, may I ask you to do mankind a huuuge favor? Your rental seems to be on or very near Ferran, a thoroughfare leading to the Ramblas. A good percentage of those transcendentally bad mimes must pass under your window every morning on their way to, uh, "work", being photographed by, and even posing next to, tourists who really should not be given a passport in the first place. Could you please open your window and pour hot oil on those socalled mimes please? Muchas gracias.
Could you please open your window and pour hot oil on those socalled mimes please?
Pour toi, ma chère, ça sera fait avec plaisir !
And fear not, I'm not paranoid in the slightest. If you'd seen the place we stayed at in Crete, you'd know my standards can drop pretty low given certain circumstances. That being said, the place in Greece was 25 euros a night. Barcelona will be more like 4 times that. Still cheap, as far as I am concerned.
I guess my question is just more to get at a general sense of how things work and what your rights are as a renter.
One specific question: for those who have rented in France, did your contract include an "etat des lieux" - signed off on by both parties when arriving and departing ?
I'm not sure what that is (google's translation makes no sense), but in the dozen or so rentals we've had in France over the years, I'm sure we've never signed off on anything on arrival and departure.
We've also been very lucky and never had a serious problem with a rental.
It's basically a "state of the rental" checklist. It's required by law for a standard rental in France (unfurnished flat - 3 year lease).
You go through the rental and describe the size and condition of the rooms, noting any damage, etc. This is done before the rental begins and when it ends. Comparing the two allows the landlord and renter to easily determine who is responsible for what in the case of damage.
For short-term rentals (furnished) such as we are talking about here, it is not required by law, though just about every official reference I have seen to seasonal rentals strongly advises including one in the contract. As a renter, you have the right to request one from the landlord. It's an important protection for you in the case of litigation. In the absence of an "etat des lieux" - THE RENTER is assumed to have had full knowledge of the state of the rental prior to taking possession.
It's a bit like the walk-around rental car companies do noting damages to the car before you take it. It's totally in your interest to have this done, of course, since they can hold you responsible for anything not noted when you check the car back in.
Same thing goes for your rental apartment.
My cousin-in-law does quite a thorough one for his villa in Corsica - I helped him translate into English for his non-French speaking guests.
Aha - lightbulb goes on. When we rented an apartment in France back when Kevin was still in diapers, we had to sign one - and boy, was it specific -- down to the number of drinking glasses in the china cabinet in the dining room. (one of which we had to replace before the checkout walkthrough).
But we haven't seen or heard of one for the vacation rentals we've stayed at more recently.
Judy
Posts: 3903 | Location: Berkeley, CA | Registered: 22 March 2005
Some places offer you a choice of having someone meet you and let you in or mailing you a key and letting yourself in.
If you are concerned, and your schedule allows it, and the choice is offered, having someone let you in and stand there while you give the place a once-over, preferably someone with some connection to the apartment or the agency, might help.
That way you might be able to refuse the accommodation on the spot, and if they work for an agency, perhaps get the ball rolling on a refund or a replacement. You don't have to track anyone down.
It also shores up a defense that any damage or filth was there when you arrived, and you don't have to decide whether to live with it or clean it up.
But I have to admit I usually just take the key if it's offered.
I have officially "observed" the état des lieux, but I have never seen it taken seriously in any of the rentals in France, Italy or Spain.
Usually the owner or caretaker would come by on the eve of our departure, ask us if everything was ok. A couple of times we had to explain that certain minor things did not work well, or that some glasses had been chipped already, etc. In 100% of the cases, the owner/caretaker accepted what we said. A few times on arrival we were getting ready to hand over a deposit cheque, only to have the owenr tell us he didn't want it after all.
Slow Travel Talk 
