When we take a garment or fabric for dry-cleaning, the trader providing the service has legal obligations towards us if the item in question is damaged by the process or not properly cleaned – even though the dry-cleaning company puts up signs or makes us sign contracts that state they are not responsible for items left with them. Such policies or contract terms are legally considered unfair and hence aren’t legally binding on consumers.
When using the service of a dry- cleaner, we have the right to expect that the garment or fabric is cleaned with reasonable care and skill. If this is not the case, then the trader is legally obliged to provide us with a remedy.
Dry-cleaners are not responsible for damages when they clearly inform consumers of the risk that the process can cause and consumers accept to willingly take the risk. Another situation in which dry-cleaners may refuse liability is when garments are damaged due to wrong care labels. In this case, consumers may seek a remedy from the original seller as long as the garment in question is still covered by the two-year legal protection.
In case of a problem, to ensure an effective solution, consumers must bear in mind a number of responsibilities. In the first instance, upon picking a dry-cleaned garment, consumers must carefully inspect it and, in case of any problems, complain immediately. Failure to do so may diminish the consumers’ right to proper compensation.
Consumers should clearly state what kind of remedy they are expecting
When complaining, besides reporting the problem, consumers should clearly state what kind of remedy they are expecting. For instance, if the damage can be repaired, then consumers may ask for a free repair. If the damaged item is beyond repair, consumers may ask for a free replacement or cash refund of the value of the item. In this case, the dry-cleaner is obliged to offer us the value of the belongings when they were left, not what they would cost to replace as new. We will probably be asked to provide evidence of how much the damaged item originally cost, such as a receipt. The amount of compensation is then calculated on the condition and use of the item. If, for example, our ruined curtains were purchased three years ago, we should not expect to be refunded the original price but an amount that reflects their current value. We may need to negotiate the amount of compensation with the dry-cleaner.
As consumers, we may also find ourselves in situations where we are not satisfied with the dry-cleaning. When this is the case, it is important that we complain immediately. We should first ask for the item to be cleaned again at no extra cost. If even the second cleaning is unsatisfactory, we may then ask for a refund of the original cleaning cost.
Another possible problem we may encounter is that the dry- cleaner loses our garment or fabric. If this happens, we may claim compensation for the lost item. If after complaining with the dry-cleaner we still do not manage to obtain a satisfactory remedy, we may then lodge a complaint with the Office for Consumer Affairs to try and reach an amicable agreement through the Office’s conciliation procedure.
Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.
odette.vella@mccaa.org.mt