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| Author: | captain cab [ Tue Jul 13, 2010 11:36 pm ] |
| Post subject: | From London to Berlin |
BERLIN — Parents should not be forced to foot the bill for cleaning costs if their child suddenly throws up in a taxi, a German court ruled Monday. The district court in the southern city of Munich was ruling on the case of a couple whose nine-year-old daughter was sick in the back seat of a taxi after they had asked the driver to stop as the girl was unwell. The driver demanded 190 euros (239 dollars) for cleaning as well as 800 euros to hire a replacement cab. The presiding judge urged the parties to settle the case amicably, according to a press statement, saying it would be “sensible” for the parents to pay for the cab to be cleaned. However, the parents of the nine-year-old refused. The judge ruled that there is no “absolute liability” for children. “If a child is sick in a taxi and therefore soils it, the parents are only liable if they knew their child was nauseous and still did nothing to prevent the damage,” the court ruled. source: http://www.google.com/hostednews/afp/article/ |
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| Author: | wannabeeahack [ Tue Jul 13, 2010 11:43 pm ] |
| Post subject: | |
if a sign in the vehicle says "by booking this vehicle you have accepted our terms of business, a full copy is available on request" and the in the terms the soiling charge is included then the hirer has accepted liability, they have also accepted the liability to pay the agreed price on demand, the lead adult has accepted on behalf of any minors in thier care |
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| Author: | grandad [ Wed Jul 14, 2010 6:35 am ] |
| Post subject: | |
wannabeeahack wrote: if a sign in the vehicle says "by booking this vehicle you have accepted our terms of business, a full copy is available on request" and the in the terms the soiling charge is included then the hirer has accepted liability, they have also accepted the liability to pay the agreed price on demand, the lead adult has accepted on behalf of any minors in thier care
No they haven't. If a court decides that a term in a contract is unfair, then the contract is unenforceable. |
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| Author: | edders23 [ Thu Jul 15, 2010 7:01 am ] |
| Post subject: | |
I'm not surprised 190 euros soiling charge is EXCESSIVE about 50 or 60 euros is reasonable surely |
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| Author: | bloodnock [ Thu Jul 15, 2010 5:18 pm ] |
| Post subject: | |
edders23 wrote: I'm not surprised 190 euros soiling charge is EXCESSIVE about 50 or 60 euros is reasonable surely
£70 up here the council suggest for valeting fees...that said Ive never charged for a kid throwing up...just the drunks |
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| Author: | wannabeeahack [ Thu Jul 15, 2010 6:07 pm ] |
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grandad wrote: wannabeeahack wrote: if a sign in the vehicle says "by booking this vehicle you have accepted our terms of business, a full copy is available on request" and the in the terms the soiling charge is included then the hirer has accepted liability, they have also accepted the liability to pay the agreed price on demand, the lead adult has accepted on behalf of any minors in thier care No they haven't. If a court decides that a term in a contract is unfair, then the contract is unenforceable. make it unfair to expect adults to be liable for kids actions (as if THEY had thrown up) and you can expect them to be absolved of all responsibilty (go on son, slash the seats if it helps your mood swings) for all future regards |
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