Dry-cleaning services must be provided with reasonable care and professional skill. This means the garments consumers give to dry cleaners should be cleaned as agreed in the sales contract and must not be damaged.
Should there be a problem with the dry-cleaning service, consumers may claim a remedy or compensation for any losses incurred.
Sometimes garments are damaged during the dry-cleaning process, and certain dry cleaners claim they are not legally responsible for these damages. They even include a waiver in their terms and conditions and ask their customers to sign it.
Some dry cleaners also hang up signs in their outlets stating this. However, such policies or contract terms are considered unfair and are not legally binding. In fact, consumers are entitled to claim a remedy from dry cleaners if their items are damaged or not properly cleaned.
In case of damaged items, the amount of compensation usually depends on the value of the item and whether it can still be used by the consumer. Consumers should also bear in mind the age of the item and then estimate its current value.
For instance, if the damaged garment is a five-year-old jacket, consumers cannot request a full refund of the original amount paid. Such compensation would only be justified if the damaged item was still relatively new. In this case, it would be very useful if consumers provided evidence of how much the item cost and when it was purchased.
There may be situations where the damaged garment can be repaired and brought back to the same condition it was before the dry-cleaning process. In this case, the remedy consumers are entitled to claim is repair free of charge, not financial compensation.
If the damaged garment is a five-year-old jacket, consumers cannot request a full refund of the original amount paid- Odette Vella
Sometimes the damage is not directly caused by dry cleaning but is a result of a manufacturing fault in the item or due to wrong cleaning instructions on the item’s care label. In this case, if the product is still covered by a valid guarantee, consumers should complain with the trader from whom they purchased the product.
If consumers are not satisfied with the dry-cleaning service, they should immediately notify the company and request that the item be cleaned again at no additional cost. If the dry cleaner fails once again to clean the product as per the sales agreement, consumers may then request a refund of the price paid for the dry cleaning.
Compensation may also be claimed when an item is lost. Even in this case, the amount claimed should be based on the current value of the lost item, not its original cost. Usually, the amount of compensation needs to be negotiated with the dry cleaner.
Dry cleaners are, however, not responsible for damages caused to garments that consumers were clearly warned about and willingly took the risk. Nonetheless, it is important that whenever there are such risks, consumers are advised both verbally and in writing.
Besides rights, consumers also have responsibilities. Dry-cleaned garments must be carefully inspected upon collection and any problems should be immediately reported to the company. Failure to do so may result in diminished consumer rights.
If there is a problem, consumers should first communicate with the dry-cleaning company and request a reasonable remedy.
If the company denies liability, or the level of compensation offered is inadequate, then consumers can lodge a formal complaint with the Office for Consumer Affairs to try and reach an amicable agreement through the office’s conciliation procedure.
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ODETTE.VELLA@MCCAA.ORG.MT
Odette Vella is director, Information and Research Directorate, MCCAA.