Even though it’s still cold and wet out, the TV is full of adverts for summer holidays, encouraging you to book up now to get the best deal possible.

As a part of this offensive, there is a list of “Complaints” circulating on social media.  Things people are alleged to have said after returning from their holidays.
They include;

  • a beach being too sandy
  • a resort in India that served too much Indian food; and, my personal favourite
  • the person who complained that they had a 9 hour flight back from Jamaica when their friends from the US only had a 3 hour flight – apparently this was unfair.

Of course, you can’t help but wonder if people who make complaints of this type are safe to be let out of the country (or back in to it).  Should an application for a passport include an intelligence test.  Mind you, anyone trying to deal with the Passport Office may feel that this is a test in itself.

In all seriousness, what do you do when a client or customer makes a complaint that you consider to be ridiculous.   Well the starting point should be a careful consideration of the terms of your contract with them.  Often people’s response to this statement is that there isn’t a contract.  What they mean is that there isn’t anything in writing, but if you offer to do something or supply something to someone in return for a payment, then a contract exists even if there is nothing signed by the parties.

Ideally you’ll at least have terms and conditions, but if not, look at what it is that you reasonably expected to provide, and consider objectively if you met reasonable expectations.  If you feel that you have, a polite but firm letter in response is advisable.  If you feel obliged to make any kind of offer of compensation make it clear that this is as a good will gesture (and not an admission of liability), and that it’s only open for acceptance for a limited time – that way if they don’t accept, you can withdraw it if you wish to.

If you need further advice on disputes with clients, whether it’s drafting good terms and conditions, or helping you negotiate a settlement, contact me at stephanie@kleymansolicitors.com.

Kleyman & Co, the full service law firm.  We take it all seriously.