Wish my memory wasn't so rusty but I can vaguely recall that it was a cloakroom incident that changed the effect of disclaimers. Basically no one can use a disclaimer to deny a claim for something they are legally liable for.

 

The incident was an expensive fur coat that was given to a cloakroom attendant and it was damaged by a cigarette burn. The defendant tried to deny liability by pointing out a disclaimer saying that they weren't responsible for any loss or damage to property left in the cloakroom. The Judge ruled that the defendants had caused damage to the coat that they were legally liable for and upheld the claim.

 

So my thinking is that you passed your coat to the cloakroom attendant and thereafter your property was in their care and control. You were given peace of mind that no one could claim your property without production of the supplied ticket. Nowhere at the premises or on the ticket did it state that your property would be left unattended at any time. You now hold them negligent in not ensuring the safety and security of your coat and possessions that you had entrusted to them.

 

I would suggest sending them a letter based on the above, stating the amount you are seeking in compensation, remind them that under the Unfair Contract Terms Act 1977

 

2 Negligence liability.

 

(2)In the case of other loss or damage, a person cannot so exclude or restrict his liability for negligence except in so far as the term or notice satisfies the requirement of reasonableness.

 

and give them 14 days to send a payment for the full amount else you will be taking legal action.

 

They may pass to their insurers to deal with but if it falls within their excess, they may try to deal with it themselves.

Thanks for all the information, I'll try it.

Advice needed on my rights. On a night out at the Holiday Inn Hotel, I put my coat (with phone in pocket) in the Hotels cloak room, they gave me a ticket for the coat. At the end of the night I went to collect my coat and it was missing, tried ringing the phone but it was switched off. At no time did the Hotel inform me the cloakroom was not manned or left unsecured, there were no signs up around the cloakroom. When we reported the missing coat the staff never mentioned the policy even though we asked if they had one. We went to the hotel the day after and again they never mentioned a policy, we asked to speak to the manager who was not available until the following day. I visited the following day and spoke to the manager who stated that they were not responsible for the theft and would only pay £50 compensation if found to be in the wrong.

The manager pointed out a small sign on reception two days after the coat was stolen, saying the maximum compensation was £50. However no other member of staff mentioned this or showed me the sign.

Is there anything I can do about this as the coat was worth about £150 and the phone was an iphone.