To those traveling – Read this so you don't make the same mistakes we did and don't freeze “a couple of extra 2 grand”
To those in hospitality – "Terribly good" ideas on how to earn extra. To those who have had similar experiences – Is there a chance, and what else can we do to make things better?
It all started in January 2023, when two families – a total of 4 adults, 6 children – were looking for their ideal home in Spain – the Andalusia region – to spend the October school holidays there.
We were looking for a house that would meet our needs and wishes – close enough to the sea, not in a tourist crowd, with a heated pool (just in case the weather was chilly), with at least 5 bedrooms and bathrooms suitable for the number of people, a spacious relaxation area, and a kitchen. After a long and extensive search, we found an agency that offered several options, but only a few met ALL our requirements, until we found the one and only – Villa Schumacher in Estepona, agency – Vacation Marbella.
We had already worked with them before; our previous experience with them was in 2016, and it was successful then (apart from the fact that we were given a different apartment than the one we rented. But since the alternative apartment was identical in terms of comfort, we agreed, and everything was fine).
February – booking. Villa Schumacher was booked in February 2023, with a 50% prepayment. In our correspondence, we were informed that in addition to the booking costs, a security deposit of EUR 2500.00 would have to be paid before arrival. The amount was large, but not unpayable, as you are clearly aware that you would not do anything in the house that could be a reason for this security deposit not to be refunded.
We have heard of cases where guests are indeed informed of penalties and prices to be paid if they violate certain rules, but in our case, the only rules we were informed of were – we cannot host parties in the house, we cannot invite guests, we cannot smoke in the house, we cannot burn anything, the only fine is – 50 EUR if we do not take out the trash when leaving the house.
October-
Day 1
Upon arrival at the property, we were met by the agency manager, who showed us the rooms, the property in general, and the infrastructure's functionality – security, gates, lights, appliances, etc. The house has 3 floors – ground floor with a kitchen, 1 of 5 bedrooms, 1 toilet, a relaxation area, and an outdoor area – everything seems OK. On the second floor of the house – 2 bedrooms, 2 toilets, and a balcony – a beautiful view from the rooms, everything fine. In the basement of the house – the remaining 2 bedrooms and 2 toilets, a cinema, and a billiard table. Here are the pictures of how it should look:
And that's where it all began - Going down the stairs to the basement, the manager politely apologized, stating there was a "small" problem in the basement - the entire basement ceiling was torn down, exposing all the house's sewage, communications, wires, pipes, etc., which were visible and audible. We thought, at least the bedroom ceilings were still in place, so there wouldn't be such noise and a view of the pipes there...
At first, it seemed that the musty smell was only due to lack of ventilation, but with good spirits and like peaceful Latvians, we simply opened all the windows to air out the rooms. That night, strong winds began in the Andalusia region, even rerouting flights, so we closed all the windows in the house for the night.
The next morning, the occupants of the 1st and 2nd floors awoke to a beautiful first holiday in Estepona. The teenagers in the basement awoke later - it's dark and quiet in the bedrooms there, as is typical for a basement. Upon entering the children's two basement bedrooms, we realized that the musty smell was still pungent and had not disappeared from yesterday's ventilation. We opened the windows, but upon opening the curtains, we realized what the problem was - behind the curtains, the entire window frame was rotten - the plaster had been wet, molded, rotted, swollen, and it was evident that the mold had been scrubbed off, but the moisture was not draining anywhere, and the wall continued to bubble and mold.
It was clear that we had to vacate both bedrooms as quickly as possible, and one of the bathrooms was also unusable due to a strong moldy smell. We moved our belongings out, sealed the rooms, leaving the windows open to prevent the smell from accumulating.
We contacted the agency, explaining that our three children, who were supposed to sleep in the basement, were left without bedrooms because they were not suitable for living.
We asked for a solution – either to move us to another house or, if there were no other house options, to move the beds from the bedrooms to the basement's cinema/billiard room – at least there were larger windows there and no noticeable mold smell if we tightly sealed the passage to both bedrooms.
In the afternoon, the manager arrived and "concluded" that he "didn't smell" any mold, and he seemed to ignore our complaints and outrage about the moldy walls. After inspecting the beds, he contacted the central office and, with the help of an interpreter, explained that the beds were too heavy and could not be moved.
You certainly couldn't tell that to Latvian guys – if we couldn't carry the beds, we could carry the mattresses – so we carried the mattresses ourselves. Damn, the sight was terrible – it turned out that those mattresses were turned to the "nice" side – the other side had been peed on several times... Well, what's the difference, we carried them with the nice side up so no one else would get sick, and we arranged a cozy sleeping corner for the boys as far away as possible from the rotten bedrooms – almost right next to the billiard table and with a view and full range of sounds from the house's communications and sewage pipes...
The day was spent moving mattresses and trying to communicate with the agency, so they wouldn't forget about us, as we were still interested in another house. Of course, there's a certain atmosphere to sleeping on mattresses, and you can get your dose of humor by fantasizing about which chunk slides down which pipe and how fast, but you can do that for less money too...
By evening, we had resigned ourselves to the fact that they wouldn't offer us a new house; after all, the children weren't picky, we continued to live there, and we were confident that the next day the agency itself would offer some special bonus to compensate for the fact that essentially 1/3 of the house was unusable.
That same evening, we realized that the pool water was cold. We remembered the correspondence with the agency that we were only interested in houses with a heated pool. Again, we contacted the agency - where is our heated pool? It turned out that we had to request it 3 days in advance... considering that we were experiencing the consequences and inconveniences of their negligence firsthand, it seemed appropriate to ask if they could arrange pool heating for us as a bonus, given our inconveniences. There was no answer, the pool remained cold.
Days 3-10 passed without changes - we had lost hope that the agency would inquire about how they could help us, or meet us halfway regarding the basement. The only further communication was about the courtyard gates, which stopped functioning. The manager tried to convince us that we had damaged them ourselves by pressing the wrong button on the gate remote, even though we received no instructions from either the remote or the manager as to which of the 4 identical buttons could and could not be pressed. As it later turned out, the reason for the gate's malfunction was a sensor error, which was independent of us and unrelated to the remote control.
And now – where did the “Extra 2 grand” go?
During the familiarization process, we were not informed that we should pay attention to the functionality, cleanliness, and wear and tear of the furniture. We were also not informed that in case we notice stains or imperfections, we should report them. For example, we would have reported the soiled mattresses, that the basement sofa leg wobbled, was
unstable (only later, upon inspection, did we realize that its adjustable plastic screw-in leg was broken and it was only resting on the decorative leg of the sofa, so we propped it up ourselves to make the sofa somewhat usable and stable). Since the pool's soft furnishings and outdoor grill furniture are exposed to the elements, it's logical that there would be indelible stains from rain and chlorinated water, which didn't bother us enough to complain about, but perhaps we should have, because, as it turns out – the one who complains first wins!
We do not dispute that a company of 6 children could have created another stain within 10 days – the house has only white furniture, only white carpets – it would be MAGIC if nothing got stained anywhere. Our company also includes a hospitality specialist who owns his own guesthouse and knows that light, especially white, furniture can be chosen
confidently, because white fabrics are easier to maintain with a steam cleaner and appropriate cleaning/bleaching agents than colored ones, which can fade and be damaged by bleaching agents. Imposing fines for stains
is also not good practice, and it never even occurred to us what we would have to face already in Latvia, upon receiving a letter from Vacation Marbella..
It's a good thing we still have the pictures we sent to the agency – of the rotten walls. Just in case, we also photographed the sofa leg – if they tried to blame us for breaking it – so we would have proof that we noticed the defect right at the beginning. We also filmed the ceiling and the basement, so that
in case the agency disagreed and disputed our negative reviews on travel portals, we would have evidence of what the basement actually looked like.
Honestly, we didn't think we'd need to do something like that and use the materials. If we had known, we would have approached it more diligently and filmed even more.
The day before check-out, we contacted the agency to clarify more precise information about the check-out procedure. The manager informed us that the check-out procedure was simple and did not indicate any specific procedure or room handover arrangements, from which we can conclude that we were not given the opportunity to personally hand over the rooms and equipment to the manager on site, who could then record changes, damages, or deficiencies, if any had occurred. No one from VM accepted the premises or inspected them in our presence; we were instructed to leave the keys in the house.
11/1/2023
Received information about alleged damages caused by us to the property, furniture, and the retention of a 2000 Eur security deposit.
Billiard table - yes, we admit that we played billiards and were not given any instructions that playing billiards was forbidden. Since children also learned the basics of billiards, it must be admitted that some cue strokes have left marks, which is a normal phenomenon and not unusual for a billiard table surface, more related to the quality of the
chosen material for the surface, on which scratches can remain. There are billiard tables that are covered with a velvet-like coating that is wear-resistant, but a black fabric over which a cue is pushed will logically create scratches. The fabric is neither torn nor damaged, but the color has worn off.
If we had been given instructions that playing billiards was forbidden and that the billiard table was merely a decorative element, we would have certainly adhered to them. We can only guess how much they believe this damage costs, as no one provides us with a breakdown of damage costs.
Stains on the sofa cushions – since the sofa already had some noticeable stains, we cannot claim that one or another stain occurred during our reservation. Even if the agency's drastic cleaning service does not have a steam cleaning machine, we can whisper that a professional Karcher cleaner costs about 300-500 EUR and
will remove these and any other stains easily.
Sofa leg – already on the evening of arrival, we discovered that the black plastic height adjustment leg of the sofa was broken and that the heavier corner of the sofa was resting on a broken wooden decorative leg. To make the sofa more or less usable, we supported its structure. This is the biggest problem, because we really should have
been the first to report that the leg WAS already broken.
Towel rack – if we had any inkling that we really needed to report this parody of a towel dryer, then we report it now – it was already broken and collapsed with the first towel we tried to put on it... For this, I would most like to know the price – maybe 16 or even 18 EUR...
Bathroom items - they were already standing there in exactly this combination, we haven't used them, nor moved them, and we don't understand what this means - should we have screwed that shelf in its place on the wall, or have we used that brush too little - I don't know, but in any case - "a serious violation"... And how much does this account for of the 2000 Eur...?
SUMMARY:
In order to deduct the security deposit for damages allegedly caused by us, we asked the agency to submit and explain:
1. How is the process of accepting and handing over the premises organized, and where does/did the client have the opportunity to familiarize themselves with the guidelines for this process, in accordance with the requirements for accepting and handing over premises, fixing the presence of both parties and a unified factual finding in cases where discrepancies or damages are found during the acceptance or handover of the premises?
2. Where is it possible to familiarize oneself with and was the client informed about how the wear and tear of the premises and caused damages would be assessed, and how it is possible to prove that the specific damages mentioned occurred during our reservation period?
3. Where could we, as clients, register and request a refund for a completely unusable 1/3 of the total building due to the smell of mold throughout the basement area and actual mold damage to the wall plaster?
Submit:
Guidelines/rules/procedure description for the acceptance and handover of premises, confirming equal rights for both parties
Price list for the types and extent of damage to premises and furniture, clearly stipulating what types of damage are considered legitimate for coverage from the deposited security deposit.
Payment confirmations for the recorded and client-charged damage coverage expenses. For example, a receipt for dry cleaning expenses for the sofa, carpet, towel holder, etc.
The agency is entitled to deduct from the penalty only such amounts as are either stipulated in the terms and conditions for damages and breakages and the relevant price list, with which the client must have been familiarized, and concrete payment confirmations for the incurred damage coverage must be presented, if such a procedure is stipulated, the client has been
familiarized with it and confirms with their signature that they are responsible for adhering to it according to the rules. Otherwise, based on the only available rules, a legal payment can only be deducted for a client's trash found in the building - 50 EUR.
Neither we nor the agency have an acceptance-handover act that would confirm a mutually agreed visual, functional assessment and wear and tear of each item from the day we moved in and the day we moved out.
We approached the agency with a request to partially compensate the rent, considering that due to reasons independent of the client and without warning or prior information from the agency, we arrived at a building where one of the three floors was unsuitable for living.
Since the agency has not come up with any kind of compromise or official response, we have submitted a legal claim to the European Consumer Centre (ECC) to clarify the rights and obligations of both parties in the given situation and what possible legal actions can be taken.
We are on a long pause, and it seems that the greatest bitterness we feel is not so much about the snail's pace of this bureaucracy as about the fact that the agency had every opportunity to resolve this situation peacefully – by compensating us for the inconvenience caused and simply not charging their absurd, unfounded fines for absolute trifles in this case.
Based on other customers' complaints found online, it is clear that we are neither the first nor the last. And that the agency has a practice of publicly "listening to and thanking for feedback" on all negative complaints and reviews, but ultimately denying and disputing them.
The video and photo materials speak for themselves, and location detection is also available for them, so there can be no talk of anything fabricated.
The stated terms:
GENERAL CONDITIONS FOR RESERVATIONS
1. ACCEPTANCE.- Making any reservation implies acceptance of these general conditions.
2. USER.- The person making the reservation must be of legal age and is responsible for the veracity of the information provided.
3. PREPAYMENT.- Our payment platform requests 50% of the total amount in order to confirm the booking by credit card or bank transfer. The reservation is subject to
acceptance of payment by the banking entity.
4. RESERVATION.- Pending amount, 50% + refundable deposit 15 days prior arrival. The reservation is totally confirmed when the user receives the reservation confirmation with its reservation number by email. 50% of the total amount must be paid in order to confirm the
booking.
5. INFORMATION.- All information provided by the user is saved on a secure server, and we guarantee that this information shall be accessed exclusively by reservation staff, and only for purposes of the reservation and to communicate with the client in regards to future promotions and deals.
6. OCCUPANTS AND RULES.
- The client may only lodge the maximum number of people as defined in the apartment’s characteristics and as per the hired rate.If the occupants exceed the maximum, a charge could be deducted from the security deposit.
-In case of noise or breach of the community rules, the company would have the right of evacuate the property and retain the security deposit.
7. CLEANING.
- The apartment shall be made available to the client fully clean. The client commits to leave the apartment reasonably clean, without garbage or leftover food.
- We would like to inform you that there will be a 50 euros charge (deducted from the security deposit) in case any garbage is found in the apartment upon check out.
- Smoking is not allowed except in outdoor areas. If our cleaning team notice that the guests have smoked inside the property the company would have the right of retaining the deposit.
8. EQUIPMENT.- The client commits to leave the apartment in the same status as it was found upon arrival in terms of furniture and equipment preservation.
9. MODIFICATIONS.- We reserve the right to change the hired apartment for one with similar or better characteristics in the event of force majeure, such as occupation or defects suddenly occurring after the date of the reservation. These changes shall be at no cost to the client.
10. GUARANTEE.- The client will leave a refundable deposit as a guarantee upon entering, at the amount specified in the reservation. This deposit must be paid by credit card on arrival. The deposit is fully refundable 10 days after check-out and subject to a damage inspection of the accommodation unless defects are found in the apartment, its furniture or equipment, or situations of extreme filth or rubbish. The cost for re-establishing the condition of the apartment upon check-in shall be discounted from the deposit.
11. CANCELLATION.- For cancellations more than 7 days beforehand, 100% of the money paid shall be returned.
The guest will be charged 100% of the total price if they cancel in the 7 days before arrival (applicable for direct bookings). If the booking is done through an online travel agency, the cancellation policy will be the one shown on the travel agency site.
Fully refundable 30 days. Those bookings longer than 28 nights: Cancel up to 30 days before the start of your stay and get a full refund of your payment. There is no refund offered for bookings cancelled within 30 days of arrival day.
12.LATE CHECK OUT.-Standard check out time is 11a.m., Late check out will have a charge between 40 euros and the price of next night depending on the time of departure.
13. CHECK-IN.- Is anytime from 4 PM to 9 PM. Late check-in is required to be paid in cash:
- From 9pm onwards: €25
14. PRIVACY POLICY .-We want to let you know that we have a new Privacy Policy in line with new data protection laws, which come into effect on 25th of May 2018.
We take our data privacy responsabilities very seriously and we want you to understand and feel confident about how we collect store and handle your personal data.
Our new Privacy Policy explains this and sets out the rights you have in relation to your
