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Do I have a right to have my ipod back??

  • 08-02-2010 9:46pm
    #1
    Registered Users, Registered Users 2 Posts: 21


    My friend gave in 2 tickets to the queens nightclub on saturday night and they gave us back the wrong jackets. We tried to sort it then and there but couldnt so our friend who works there said she'd get back to us about it. Now Im ASSUMING theyre gonna refund me the 100 bucks I paid for it, but I had an ipod in the pocket and thats obviously gonna be gone even if they get it back. Question is, legally do they have to pay for my ipod too?


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Comments

  • Closed Accounts Posts: 3,971 ✭✭✭we'llallhavetea_old


    i think so yes.


  • Registered Users, Registered Users 2 Posts: 4,467 ✭✭✭Wazdakka


    Nope I doubt it..
    There is probably a sign up saying that all property left in coats is done so at own risk.


  • Closed Accounts Posts: 22,559 ✭✭✭✭AnonoBoy


    Why didn't you wait around with your jackets and look for the two people who had the wrong jackets too?

    You're never getting the iPod back by the way or any money for it. Nightclubs have a disclaimer about that sort o'stuff.


  • Registered Users, Registered Users 2 Posts: 4,879 ✭✭✭Coriolanus


    Sure how do they know there was an ipod in it? You could be making it up, as far as they're concerned.

    Doubt you'll get anywhere tbh.


  • Registered Users, Registered Users 2 Posts: 9,893 ✭✭✭Canis Lupus


    My friend gave in 2 tickets to the queens nightclub on saturday night and they gave us back the wrong jackets. We tried to sort it then and there but couldnt so our friend who works there said she'd get back to us about it. Now Im ASSUMING theyre gonna refund me the 100 bucks I paid for it, but I had an ipod in the pocket and thats obviously gonna be gone even if they get it back. Question is, legally do they have to pay for my ipod too?

    You left an ipod in the pocket of a jacket you put into the coat room of a night club????


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  • Closed Accounts Posts: 4,094 ✭✭✭jd007


    Hard to say really.
    They could have had a policy leave your jacket at your own risk? :/


  • Closed Accounts Posts: 13,429 ✭✭✭✭star-pants


    Yup having worked in a nightclub myself, it's at your own risk to leave stuff in the cloakroom(in most places anyway). And if someone has lost their ticket or whatever, we tell them to wait until the end of the night so we can sort it.


  • Closed Accounts Posts: 3,971 ✭✭✭we'llallhavetea_old


    in the nightclub i work in, you would have the price of the coat and ipod refunded.
    its not your fault at all, its the cloakroom, you didnt lose your tickets, they lost your coat.


  • Registered Users, Registered Users 2 Posts: 21 Prostethichead


    You left an ipod in the pocket of a jacket you put into the coat room of a night club????


    Yes they have a policy of 'you have to leave your jacket'. I specifically said to the bouncer I would be outside in the smoking area most the night so could I keep and and he insisted it was the rules - entirely not my fault my jacket wasnt safe in their hands and ipod also, but I still doubt I'll get anywhere..


  • Registered Users, Registered Users 2 Posts: 2,221 ✭✭✭BluesBerry


    OP I think you can kiss goodbye to your iPod or any compensation they have disclaimers up and they always cover their own arses


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  • Registered Users, Registered Users 2 Posts: 306 ✭✭high heels


    claim you had a winning lotto ticket in it too!!!!!

    Might as well and a Iphone and a Itouch... and and and ...


  • Registered Users, Registered Users 2 Posts: 4,879 ✭✭✭Coriolanus


    in the nightclub i work in, you would have the price of the coat and ipod refunded.
    its not your fault at all, its the cloakroom, you didnt lose your tickets, they lost your coat.
    Where do you work? I'm in the habit of carrying around huge amounts of large denomination bundles in my jacket and forgetting to take them out in the club.


  • Closed Accounts Posts: 5,001 ✭✭✭recylingbin


    You didn't check the ipod.
    Tough luck, I'd imagine.

    On the bright side, now you can buy a decent mp3 player.


  • Registered Users, Registered Users 2 Posts: 21 Prostethichead


    high heels wrote: »
    claim you had a winning lotto ticket in it too!!!!!

    Might as well and a Iphone and a Itouch... and and and ...

    I know but how bloody annoying is it??? they MADE me take it off and then gave it to someone else, I know I could say I had e1000 in it and cant prove that either but it is the truth and its also their fault. can anyone gimme solid citizens advice styl info?


  • Closed Accounts Posts: 5,001 ✭✭✭recylingbin


    Nevore wrote: »
    Where do you work? I'm in the habit of carrying around huge amounts of large denomination bundles in my jacket and forgetting to take them out in the club.

    :D
    You too?


  • Closed Accounts Posts: 16,095 ✭✭✭✭omb0wyn5ehpij9


    Why would you leave an expensive ipod in your jacket?! It's just looking for trouble imo!


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    Management do not accept responsibility for items placed in the cloakroom. All items left in the cloakroom are done so at the the owner's risk.

    In short, you have no comeback.


  • Registered Users, Registered Users 2 Posts: 2,664 ✭✭✭Doyler92


    If that was the case everybody would be going back saying iPod's were left in coat pockets.


  • Registered Users, Registered Users 2 Posts: 1,263 ✭✭✭ride-the-spiral


    Are those disclaimers actually legally binding though? If you are legally in the right then the nightclub having a sign saying it was your fault shouldn't legally stand.


  • Registered Users, Registered Users 2 Posts: 21 Prostethichead


    Bryn wrote: »
    Why would you leave an expensive ipod in your jacket?! It's just looking for trouble imo!

    It was a e55 ipod shiffle, not expensive, I bring it everywhere.


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  • Closed Accounts Posts: 1,142 ✭✭✭Whyno


    I left my wallet in your coat to and there was ten crispy 500 euro notes in it. Claim them back for me to will ya pal :rolleyes:


  • Registered Users, Registered Users 2 Posts: 4,879 ✭✭✭Coriolanus


    I know but how bloody annoying is it??? they MADE me take it off and then gave it to someone else, I know I could say I had e1000 in it and cant prove that either but it is the truth and its also their fault. can anyone gimme solid citizens advice styl info?
    Citizens advice style, you have a ticket that shows you left your jacket. You'll probably get that much out of them.
    The ipod and the lint in the pockets wasn't catalogued, so truth or not, you've no proof they existed.
    If you registered the iPod, look down the road of trying to get it blocked by Apple via iTunes if thye try to register/connect it. Not sure you can though.


  • Registered Users, Registered Users 2 Posts: 21 Prostethichead


    dudara wrote: »
    Management do not accept responsibility for items placed in the cloakroom. All items left in the cloakroom are done so at the the owner's risk.

    In short, you have no comeback.

    But how can it be the owners risk when they force you to leave it in? I hate to say you probably are right but its such bull.


  • Registered Users, Registered Users 2 Posts: 21 Prostethichead


    Whyno wrote: »
    I left my wallet in your coat to and there was ten crispy 500 euro notes in it. Claim them back for me to will ya pal :rolleyes:

    No problem!:D


  • Closed Accounts Posts: 11,221 ✭✭✭✭m5ex9oqjawdg2i


    I think the op is asking for the legalities surrounding the incident and not some peoples opinions, which don't matter a shíte in a court of law. Sign or no sign, I would look into it further OP. Go to the legal forums if you want a real answer.

    I don't understand how they are not liable if you are forced to hand in your jacket and pay a fee for that but you do so at your own risk? A lot of places make you put in your jacket, and this is after you paid the entrance fee.


  • Closed Accounts Posts: 11,221 ✭✭✭✭m5ex9oqjawdg2i


    Bryn wrote: »
    Why would you leave an expensive ipod in your jacket?! It's just looking for trouble imo!

    Ah yea, of course, young women wearing skirts deserve a good raping, right? :rolleyes:


  • Registered Users, Registered Users 2 Posts: 35,524 ✭✭✭✭Gordon


    Don't know about the iPod issue, but if it was UK wrt your coat, your rights are that you are paying for a service, the old adage that there's a sign saying 'held at owners risk' is actually not binding. You are paying them to look after your coat and you should expect that the service is "carried out with reasonable care and skill". If they lost your coat, you should complain in writing. I can't find a good link but here's one for you (UK): link


  • Registered Users, Registered Users 2 Posts: 21 Prostethichead


    Nevore wrote: »
    Citizens advice style, you have a ticket that shows you left your jacket. You'll probably get that much out of them.
    The ipod and the lint in the pockets wasn't catalogued, so truth or not, you've no proof they existed.
    If you registered the iPod, look down the road of trying to get it blocked by Apple via iTunes if thye try to register/connect it. Not sure you can though.

    Hmmm, unless I add the price of the jacket and the ipod and then just say thats how much the jacket was worth? Not the RIGHT thing to do per se but.....


  • Registered Users, Registered Users 2 Posts: 21 Prostethichead


    Ah yea, of course, young women wearing skirts deserve a good raping, right? :rolleyes:

    WTF??


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  • Closed Accounts Posts: 1,142 ✭✭✭Whyno


    No problem!:D

    You can keep the 6 pack of condoms i had in it to, i`m getting the snip


  • Closed Accounts Posts: 16,095 ✭✭✭✭omb0wyn5ehpij9


    Ah yea, of course, young women wearing skirts deserve a good raping, right? :rolleyes:

    Get a grip.

    There is a huge difference.


  • Registered Users, Registered Users 2 Posts: 2,339 ✭✭✭congo_90


    you have the right to remain silent

    Also club accepts no responsibility for loss or damage.


  • Registered Users, Registered Users 2 Posts: 38,247 ✭✭✭✭Guy:Incognito


    But how can it be the owners risk when they force you to leave it in? I hate to say you probably are right but its such bull.

    They are'nt forcign you too, you can choose not to use the club.


    I don't understand how they are not liable if you are forced to hand in your jacket and pay a fee for that but you do so at your own risk? A lot of places make you put in your jacket, and this is after you paid the entrance fee.

    Car parks say the same thing.


  • Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    What iPod, tbh?


  • Registered Users, Registered Users 2 Posts: 35,524 ✭✭✭✭Gordon


    Here's a link to the British law regarding services: link.
    In a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill.
    What the Irish law is, I'm not sure.

    All I can say is, if you are in the position of paying for a service, and not getting what you paid for, if there is a sign saying that the owners accept no liability - don't contest it, fair enough. But just because there is a sign saying something, it doesn't mean it is true..

    In fairness though, if you didn't specifically mention you had an expensive iPod in the pocket, I would imagine you couldn't prove that you did, so I dunno where you stand there.


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  • Closed Accounts Posts: 27,252 ✭✭✭✭stovelid


    Was this Queens nightclub in Ennis?


  • Registered Users, Registered Users 2 Posts: 809 ✭✭✭dylano_k


    Tried that once with a block of gold....your wasting your time


  • Registered Users, Registered Users 2 Posts: 21 Prostethichead


    nipplenuts wrote: »
    What iPod, tbh?
    Its just one of the e55 2gb shuffles, but I use it about 2 hours every day! cant afford a new one atm.


  • Registered Users, Registered Users 2 Posts: 21 Prostethichead


    stovelid wrote: »
    Was this Queens nightclub in Ennis?

    Yup.


  • Closed Accounts Posts: 27,252 ✭✭✭✭stovelid


    Yup.

    No worries.

    I was momentarily worried that it was a cryptic reference to a Dublin nightclub and that I'd have to go over to the Dublin City forum to follow developments.

    Good luck with with your quest.


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  • Registered Users, Registered Users 2 Posts: 1,969 ✭✭✭robby^5


    Pretty silly leaving your ipod in your jacket and also pretty silly bringing an ipod out on a night out to being with tbh. Lesson learned.


  • Closed Accounts Posts: 11,221 ✭✭✭✭m5ex9oqjawdg2i


    Bryn wrote: »
    Get a grip.

    There is a huge difference.

    I have quite a firm grip actually. The concept which you imply on the other hand, well, it's laughable really. Crime happens because YOU deserved it. Mwahahaha!!!
    WTF??

    Exactly, WTF, that's what I though too ;)
    Gordon wrote: »
    Don't know about the iPod issue, but if it was UK wrt your coat, your rights are that you are paying for a service, the old adage that there's a sign saying 'held at owners risk' is actually not binding. You are paying them to look after your coat and you should expect that the service is "carried out with reasonable care and skill". If they lost your coat, you should complain in writing. I can't find a good link but here's one for you (UK): link

    Yay, someone with an actual fact, not some random bullshít "what should happen" verdict. Thank fcuk for that.
    Stekelly wrote: »
    They are'nt forcign you too, you can choose not to use the club.

    Bullshít. You get your money back after paying the entrance fee? Do you? You really think clubs are going to refund you money because you can't wear your jacket into the club?


    Car parks say the same thing.

    So that makes it all ok then?

    I have a sign in my front garden "tresspassers will be shot". I guess that means it's ok to kill people who tresspass, does it?


  • Registered Users, Registered Users 2 Posts: 8,659 ✭✭✭CrazyRabbit


    If they force you to leave your property in the cloakroom, then they have what is called a 'duty of care' for that property Those signs stating 'property left at owners risk', metaphorically aren't worth the paper they are written on.

    They forced a service upon you, and then lost your property. If they refuse to pay up, take them to the small claims court. You may have a hard time proving the ipod was in the jacket, but if you have any witnesses to state that it was there, then you've a good chance of convincing the judge.


  • Closed Accounts Posts: 2,616 ✭✭✭8k2q1gfcz9s5d4


    but I had €10,000 in the pocket and thats obviously gonna be gone even if they get it back. Question is, legally do they have to pay for my ipod too?

    its your word against theirs, consider yourself lucky if you get anything back


  • Registered Users, Registered Users 2 Posts: 184 ✭✭Fannymcslap


    Wazdakka wrote: »
    Nope I doubt it..
    There is probably a sign up saying that all property left in coats is done so at own risk.

    Isn't that kind of sign illegal in the first place? I mean if you're paying for the service they're legally obliged to provide it. afaik this applies to car parks and whatnot aswell.


  • Registered Users, Registered Users 2 Posts: 20,239 ✭✭✭✭cnocbui


    Imagine this were a hotel and you rocked up in your ferrari and they said sorry, only our staff are allowed to park cars in our carpark, so you hand over your keys and they park it.

    Next morning as you are checking out, they bring your new corsa out the front. When you complain about the mixup and demand your ferrari, they point out a sign that says you let them park your car at your own risk and they have no liability whatsoever for what happens to it.

    Does anyone really think there would be no legal comeback for the ferrari owner? Given the circumstances, do you think a judge would disbelieve a claim by the ferrari owner that he also had a satnav and expensive stereo in it?


  • Registered Users, Registered Users 2 Posts: 21 Prostethichead


    cnocbui wrote: »
    Imagine this were a hotel and you rocked up in your ferrari and they said sorry, only our staff are allowed to park cars in our carpark, so you hand over your keys and they park it.

    Next morning as you are checking out, they bring your new corsa out the front. When you complain about the mixup and demand your ferrari, they point out a sign that says you let them park your car at your own risk and they have no liability whatsoever for what happens to it.

    Does anyone really think there would be no legal comeback for the ferrari owner? Given the circumstances, do you think a judge would disbelieve a claim by the ferrari owner that he also had a satnav and expensive stereo in it?

    ya but in this case the ferrari is my coat, which im sure they will refund, they f**kin beter! The prob is something that was in my ferrari is missing too!


  • Registered Users, Registered Users 2 Posts: 21 Prostethichead


    ya but in this case the ferrari is my coat, which im sure they will refund, they f**kin beter! The prob is something that was in my ferrari is missing too!

    Oh wait, I just read the end of that message, lol.


  • Registered Users, Registered Users 2 Posts: 4,879 ✭✭✭Coriolanus


    cnocbui wrote: »
    Imagine this were a hotel and you rocked up in your ferrari and they said sorry, only our staff are allowed to park cars in our carpark, so you hand over your keys and they park it.

    Next morning as you are checking out, they bring your new corsa out the front. When you complain about the mixup and demand your ferrari, they point out a sign that says you let them park your car at your own risk and they have no liability whatsoever for what happens to it.

    Does anyone really think there would be no legal comeback for the ferrari owner? Given the circumstances, do you think a judge would disbelieve a claim by the ferrari owner that he also had a satnav and expensive stereo in it?
    No, because you're also claiming that there was half a million in cash in the back seat that you never mentioned to anyone, and that you want that too.


  • Moderators, Arts Moderators Posts: 35,731 Mod ✭✭✭✭pickarooney


    Hang on, you didn't actually get your jackets back and you don't know that the ipod is gone, correct?


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