Public Mediation

cabins of the smokies-Dispute-#9052142

R. W. vs. Cabins Of The Smokies
229 Bruce Rd, Gatlinburg, Tennessee, 37738, United States
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Statement of Claim
Claimant says:
"We rented this cabin, it was listed as a 1 bd which it was not it was a studio. When we got there we went to turn on the hot tub and it would not work (it would never heat up) the tv also would not work. we called the owner who told my husband " any idiot could operate the hot tub" He said he was out of town and there was nothing he could do to help us he told us to go ask the neighbors for help. We rented movies and only half the screen on the tv worked. We tried to use the jacuzzi that was inside and it leaked all over the carpet which made it so we had to wear shoes any time we were in the cabin. I was in the shower and the water shut off I had soap on my body and shampoo in my hair the water stayed off for over 20 min. there was clumps of dog hair all over and hair all over the shower I got bit on my face in 5 places and they swelled up. I had to have surgery on my hip so I was in desparate need of the hot tub since I could not use it I was in horrible pain the whole weekend. This was our anniversary trip and it was ruined. We had to work a lot of overtime to take this vacation and it was a disaster. I called the owner several times and he ignored my calls. I also emailed him several times and he refused to answer them. I want a refund I paid $200.00 for this shack and we had to take our own trash to a dumpster that we could not find so we had to sneak it to a dumpster downtown.I was only going to ask for a partial refund but because he is being so difficult and I am having to go through so much I now want a full refund that shack was not even worth 10 to stay in. I have been going to gatlinburg a couple times a yr for 8 yrs now and I have never had an experience this horrible"
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Additional Communication Between Claimant and Cabins Of The Smokies Hide
  • Apr 07, 2013, Claiming party added:
  • I wrote a review he responded by saying that we over filled the hot tub and that is why it leaked but he also claimed there was 2 small leaks he said he drove by the cabin several times on Sat but he never one time stopped to see if the problems were resolved he stated I never called him again after the first call but I have records from 8 calls made to him he is refusing to acknowledge that there was any problems I also had 18 bed bug bites from the cabin which has cost me in medical expenses and the fact that ALL our stuff had to be washed He emailed me to tell me I was in the wrong but never apologized or offered to fix the problem I am now done I want my money back I am not being unresonable I could be asking for alot more but I am not

  • Apr 10, 2013, Claiming party added:
  • it takes several days for the bites to appear and like I stated before we did call several times from both m phone and my husbands I am getting very frustrated if everything works why than did he have to repair 2 small leaks in hot tub he emailed me stating he was going to offer me a 50 gft certiificate but because of my review he refused this is getting old if it is rented so much why is it so hard to offer a refund for the pure fact that we were NEVER able to use the hot tub or tv and it was a miserable trip because of it.

  • Apr 10, 2013, Claiming party added:
  • all I want is a simple refund what happened to the customer is right I am not being unresonable especially since we could not use the hot tub or the tv the bites take several days to appear it should not be hard to refund if the cabin has stayed rented even more how hard would it have been to stop by and see if we needed anything I did call with my phone and my husbands fri at 1100 sat at 10,12 3,8,10 they were never answered he emailed me saying he was going to give me a 50 certificate if I had not written a bad review now im being screwed for stating my opinion I would like to be able to at least rent a hotel room in nashville to try and celebrate our anniversary the way we tried to when we rented from Jeff

What Claimant Wants Hide
1. Refund: money I paid to rent cabin and use ammenities Apr 11, 2013 $200.00
Just make me happy!
Claimant invites Cabins of the Smokies to make a fair offer to resolve this complaint.
Cash total : $200.00
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Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)
Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "Everything in the Cabin works perfectly as described. I do not doubt the guest may not have known how to operate everything. In fact they called me just after arriving to tell me just that. I explained how to operate things and never heard back from them again till just before they were ready to leave. After I refused the refund the first time, they elevated thier complaint by adding new accusations including Bed Bugs. I would have thought if this was true it would be the major issue, not the working of a TV. The property in which they stayed has been rented solidly every day since the day after the checked out, 5 different rentals, 13 different people including 2 small children. Not a single person has complained , in fact they have written great reviews and have stated they can not wait to come back. I am not sure exactly why this guest did not have a truely wonderful time, but I can assure you it is not b ecause of anything wrong or broked at the cabin !!!!"

This claim will remain posted until resolved.

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Awaiting response from Party
Mark Fadale commented
Mark Fadale (Comment):
"Absolute bull! I just stayed at the cabin...is was disgusting!"
 (7 years ago)
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Is this a fair resolution?
  • Comment: by Sarah Baxa — Online mediator
  • On: 04-08-2013
  • If you have an e-mail from him stating that he admits culpability for the issues you had, I suggest writing him back asking for a full refund, reminding him that he has admitted fault in the matter. Indicate that you do not want to take it to small claims court because that will cost him more money as you would ask for court fees to be paid by him as well. Let him know that you are not asking for anything but the refund for the fees paid to stay at the cabin and that you are attempting to be reasonable in this situation. I would send the letter with delivery confirmation so you know he received it. If you are not able to reach an agreement, you might want to address this issue with the Better Business Bureau. They have mediators who can attempt to contact him on your behalf and act as a go between to get the matter solved. Best of luck.
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