Recently stayed at a well know holiday centre and the rear of my car was hit and damaged by a large four seater hire cycle.The cycles are owned by the centre and hired out to holiday makers just to ride around the site.
The holiday centre say its not their problem and will not pay the £300 to replace the rear bumper as the car is parked on their site at your own risk.
Could anyone tell me if this is correct or will i be able to get the money off them??As i'm sure they must have some sort of cover for accidents like this.

 

It's called Public Liability Insurance, get your insurers to press them, they will cave in eventually

 

I dunno how it is over there, but over here if it says "park at your own risk," thats it. Sometimes you can get them on gross neglegence, but unless you're going to go fullbore its probably going to cost you more than its worth. especially if you end up losing.

-Igg

 

A new law was passed beginning of this year which stated that you could claim on insurance even though it was private land, where as before, private land meant no one could claim. I read it in the Advanced Motorists News Letter. Drop me a line if you need a copy of the article. You should be able to claim I reckon.

 

A couple of years ago, I had cause to sue a company who were using a similar clause to avoid payment for damage (not my car). When it got to the small claims court, the Judge basically said that the clause was not worth the paper it was written on.

Such 'catch all' clauses are commonly found to be unfair, hence invalid, as taken to extremes could almost imply that if the staff wanted to practice their football skills on the side of your car then 'tough, you parked at your own risk'. I can't see how they would not have some sort of Duty of Care.

If you insurance won't press them, take them to the small claims court.

Josh