jomonda1241 asked:
My friends are renting a holiday villa in Spain direct from the owner. They’ve been there 2 days into a 2 week stay. A nearby property has just commenced building works and it’s very noisy. The villa owner is very apologetic but says it’s out of his control – he had no idea they were going to start work there and he can’t get them to stop. My friends want a refund from the owner so they can find alternative accommodation but the owner doesn’t feel responsible. Who’s right legally?
no ones get over it, the world must go on and buildings need to be built
if your friends could prove that the personthey are rentign off knew there was building works going on, and he had specifically said the buuilding was quiet, tranquil etc then your freionds may have an argument.
however if the landlord is a private owner then there is probably stuff all that your friends can do about it.
you can blackmail large tour operators into givign refunds, if they know works are going on, and they advertise the location using such terms. however if the works have just commenced then its very difficult to prove false advertising.. and near impossible to win against a private agreement.
large companies may have spare rooms elsewhere in the location, private landlords almost certainly do not.
in essence y’get what you pay for….. your friends have two choices put up with it, or move elsewhere and accept they are paying extra
This is unfortunattly a neccesary evil.
Economic Infrastructure does not get put on hold for people holidaying, or there enjoyment and relaxation.
There is generally a curfew on building site activity, which adheres to noise pollution.
As long as there not working outside these hours, then the construction site is abiding.
The owner of the Hotel certainly would not ceasetrading, They have to make a living regardless and ned to rent there rooms out.
Under this circumstance, there is nothing that the owner is “legally” obligated to do. He is not responsible for the nearby noise, and your friends should be ashamed for thinking they have a right to anything.
However — the owner of the condo could, and probably should, allow your friends to move elsewhere (even to another property) and only charge them for the nights they’ve stayed. He could also give them a discount for their entire stay. But again — the owner doesn’t have to do any of that, nor should your friends demand that.