Re: Red alert for Eshortrental.com and Easyflat.ch
Post 16
That comment pretty much sums it up. Eshotrental and Easyflat can claim that the situation ("a severe water problem") was unforeseen to them, and that it was the responsibility of the owner, but as brokers who offered the property and made the contract with Samanntha, it was their responsibility to fulfill the agreement.
The question, though, is what is their legally-binding obligation. That is set by the terms of the contract signed by Samanntha and them. That is what any court would look at: what is it that both parties willingly agreed to and signed a contract for.
In the case of Eshortrental, the terms and conditions state under 5 (you can verify by clicking here):
"The Company accepts no responsibility vis-à-vis the Tenant or the Owner regarding the acceptance, refusal or fulfilment of the Lease, including the restitution of the Object. In the event of a dispute regarding the Lease, the Company will not be a party in any way."
A court would point out that the tenant agreed to those terms when signing the contract. So, shamefully, they have a way out. Legally, that is. Morally, it is shameful behavior and a terrible way to build a business. In this kind of situation, it is the renter who is in a vulnerable position, depending on them to have a place to stay.
So, if Eshortrental is legally covered, that leaves easyflat.ch.
They do not post their terms and conditions on their website. I do not know whether Sammantha signed a contract that mentioned them, or it the only contract signed was with Eshortrental.
But Easyflat.ch is a regie, so ASLOCA may be able to help you deal with them and tell you what their responsibility is and what recourse you have.
To be fair, John H may have a point that it may be futile to fight this. But if it was me, I would at least try to find out if I have any recourse. And Nat is right that Coppet is only 9 mins away by train from Cornavin (26 mins at certain times). Maybe Sammantha would have actually liked it. But she is not from here and one should not be put in a position to make an uninformed decision that would commit her to live there for several months while perfoming serious work, which is why she chose the Paquis location, not because of its charming character.
Thanks, John, for posting the link to the profile of the Eshortrental owner. I hope she responds, and if not, I suggest we all write her (respectful) emails with our opinion.