Civil or Criminal Case

tipp86

Which would this scenario come under?

Customer pays for a hotel room.

Customers hotel room is wrecked that night.

Cutomer did not sleep in room that night as he was intoxicated and ended up somewhere else.

Customer left people in the room.

Customer feels hotel charges for damages are extreme and refuses to pay.

Hotel go to gardai. Can criminal proceddings be taken against customer.

geranimojess

The Hotel can persue the Person who Booked the Room for any Damages caused,the fact that the Person did not use the Room is immaterial but in admitting that He/She gave the Key to another Party involves them,therefor a Criminal Case can be brought against Him/Her for causing Criminal Damage to the Room.
Best thing to do is to get those responsible to cough up.

Jo King

Criminal proceedings are more likely to be under the Theft Act. There is no vicariously liability for criminal damage and unless there was a conspiracy to cause the damage the customer would not be guilty of that offence.

DamoDLK

The customer pays for the room, thus is responsible for the room.

oceallachain

The customer is responsible for the room and everything that was damaged therein but not in any criminal proceedings. I would be shocked if any criminal proceedings were brought here. I mean what offence could the customer be charged with? The criminal damage act is out because he wasn't even in the room, the theft act (as one person highlighted) is a non runner also imo. maybe, and thats at a stretch, the people who did the damage could be charged with criminal damage if their identities are known but they could say they fell all over the place with the effects of drink. civil all the way i reckon.

DamoDLK

Sure the crime isn't against the State, its a civil matter!

Hooch

DamoDLK wrote: »

Sure the crime isn't against the State, its a civil matter!

Thats not the difference between criminal and civil cases......

O/P....firstly can the resident prove (s)he wasnt in the room??. If not then criminal damage is def a front runner, reasonable suspision and all that. If not are the identities of the others in the room know?? If so criminal damage is a runner there......someone above posted it wouldnt work as they would claim they fell around drunk......intoxication is not a defence.

I do not think anything in the Theft and fraud offences act would cover it......making gain or causing loss by deception would be my only bet and that would have to prove the intent of the resident to have people back in the room (causing loss by having extra guests and not paying)

In the end if one of the above can be filled then AGS will investigate and prosecute. Be aware civil proceedings can also be issued against the resident.

Jo King

The offence in the Theft Act is under section 8, making off wiothout payment. A person who uses a hotel room is expected to pay for the room and also for any damage caused before leaving the hotel. It is similar to a person refusing to pay a taxi fare and or refusing to pay a soiling charge. Criminal damage would be highly unlikely. No one can say for sure how the damage was caused or who caused it and the burden of proof would be on the prosecution.

DamoDLK

nice guy always wrote: »

Thats not the difference between criminal and civil cases......

Well niceguy, Firstly, I did not lay claim that it was - Secondly, Of course there are many issues which divide civil and criminal law matters, but when a person boils down the facts, as presented, you ought quickly note that other factors are fundamentally irrelevant to the scenario - I think fundamentally that you are correct however, pedantic. The issue is focused between two private individuals. The would be applicant, the hotel, the would be respondent, the individual, thus, the basis of my claim is valid.

hullaballoo

I would have said that the answer is that both criminal and civil proceedings may be brought. As mentioned, the most appropriate criminal sanctions would be criminal damage and making off without payment (though most probably the former).

However, you could also take a civil case for breach of contract and probably under negligence in tort (best to take both together). It would depend on the terms under which the reservation was made but I would say almost beyond doubt that there would be a civil remedy here too.

McCrack

I'm looking at this very clinically and going to say that no the guest that paid for the room is not criminally responsible for the damage done to the room by other people but as Niceguy pointed out the onus would be on the guest to prove he/she wasnt occupying the room at the time.

That's what the OP asked so that's the limit of my answer.

The civil aspect (if any) and what constitutes a crime is not relevant at all.

Hooch

Jo King wrote: »

The offence in the Theft Act is under section 8, making off wiothout payment. A person who uses a hotel room is expected to pay for the room and also for any damage caused before leaving the hotel. It is similar to a person refusing to pay a taxi fare and or refusing to pay a soiling charge. Criminal damage would be highly unlikely. No one can say for sure how the damage was caused or who caused it and the burden of proof would be on the prosecution.

Making off without payment does not cover soiling charges. That has and always will be a civil matter between the driver and the fare. Criminal damage has been used for this and has resulted in conviction.......

Section 8 of the act covers the room. Thats all. Once the room is paid for then it no longer can involve AGS for making off without payment. Then you are into criminal damage or causing loss by deception for having more persons in the room.

Jo King

nice guy always wrote: »

Making off without payment does not cover soiling charges. That has and always will be a civil matter between the driver and the fare. Criminal damage has been used for this and has resulted in conviction.......

Section 8 of the act covers the room. Thats all. Once the room is paid for then it no longer can involve AGS for making off without payment. Then you are into criminal damage or causing loss by deception for having more persons in the room.

The taxi fare and the room are also civil only. The key question is whether or not payment is expected on the spot. Section 8 covers all payments expected.
With regard to the criminal damage I would not regard convictions in the District Court as any guide to the law. Time and again I have seen individuals plead guilty to offences that they did not commit and District Court judges convicting. Damage caused by negligence is not covered by the Criminal Damage Act but payment for damage caused negligently may be expected in many situations.

Victor

What does the contract say?

If the contract includes a payment for damage clause*, then a making off without paying criminal charge could arise.

* Typically dealing more with towels and dressing gowns, than chandeliers.