Nightclub Cloakroom Loss.

[Arti]

Late last year, at a nightclub, my leather jacket (containing housekeys and gloves) was not at the cloakroom when I went to collect it. The attendant (a sweaty, spotty, late-teen lad; irrelevant, I know) apologised and said that he didn't know where it was.
The following day, I wrote to the nightclub (claiming £180) and, subsequently, I filled out a 'Item Loss' form.
Today I have received a letter from the company, enclosing a copy of the disclaimer that is on show at the cloakroom, which states that, after the loss of an item, "the company's liability.......shall be limited to a maximum sum of £65". They enclosed a cheque for £65.
Where do I stand?

[HowardKennitby]

Did you see this notice at the time? If yes then you probably stand minus a jacket, plus £65 and possibly a little bit wiser.

[mrs_overall]

Was the disclaimer notice on clear display for customers to see?

[fadeout73]

Disclaimer probably also said "Items left at owners risk" or something along those lines.

[Maydup]

Unfortunately cloakrooms are at the owners risk. A five star hotel is likely to pay your claim (although they'd be unlikely to have klet the jacket go out wrongly in the beginning) but a nightclub is not likely to take such a hit. In fact they have thought about what they would do in these circumstances and put a notice up for all to see.

£65 is a reasonably generous gesture and made it less risky to use the cloakroom than the club up the road, but not risk free. I think you have to take the money and put it down to experience.

Alternatively claim on your own insurance if you have any that covers it.

[squarebear]

This is all nonsense. Even with a disclaimer the club has a duty of care to look after your coat. Unless they can prove that they didn't make a mistake, they must replace or reimburse you with the full value of the jacket.

Otherwise, I will open a coat check area and "lose" any coat worth over £65. Give you back £65 and keep your £180 jacket. Easy way to make a quick buck.

[IggyB]

Squarebear do you not think that this sort of contract is lawful? The disclaimer is quite standard, and most cloakrooms accept no responsibility for items left in their care at all. If you think its unlawful could you point us to a case or some proof?

[squarebear]

I am no lawyer but I clearly remember a similar situation where a bowling alley had lost someone's shoes and also said they were not liable. The shoes' owners wrote to a TV consumer programme and they were forced to pay up.

[Buenchico]

I hate double posts!

See my answer on your other thread for a statement of the law:
http://www.theanswerb.../Question1116303.html

[mrs_overall]

Well said Chris

[squarebear]

Iggy - It is classed as an unfair term.
http://www.irishstatu.../1995/en/si/0027.html
You're entrusting them to make their "best endeavour" to take care of your belongings; them losing it is obviously not them doing their best.

Arti - threaten them with small claims court and see if your jacket miraculously reappears.

[ojread2]

squarebear is correct - especially if you pay to use the cloakroom
Any disclaimer stating no responsibility for losses is simply not so
My sister proved this point to a nightclub that lost her jacket

[IggyB]

thanks squarebear - very interesting