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A client of ours had guests who contracted this condition, which is basically a severe rash, after staying in their home and using the hot tub. The Hot Tub maintenance service went to the property following thier stay and reported extremely dirty water with clear evidence of urine. The tub was serviced prior to the guest arrival so its pretty obvious what happened but the guest are claiming the tub was not sanitized. They have threatened legal action if they are not compensated for medical bills and missed work. The rental agreement is pretty clear on hot tub use and basically says use at your own risk. Has anyone else dealt with this?
YUCK, and wow! Can you prove that it was serviced just before these folks checked in? And then get your service tech's report in writing? Maybe that would help you.
I don't have a hot tub or sauna, but you've got me thinking that if I ever do install one I'll come up with a seperate contract clause stating :" Use at your own risk" or somthing like that.
Let us know what happens.
Unfortunately, I have been on the receiving end of Folliculitis from a vacation rental hot tub and I can't begin to tell you how painfull it was! I think it would be good for you to hear the other side.
We rented a house in the Outerbanks with 16 other friends about 12 years ago. On the 13 hour drive home, I started getting severe stomach pains, diarria and a rash along my stomach..it was the worst 13 hours of my life! The stomach pains went away but the rash didn't so I went to the Dr. on Monday and was told it was Chicken Pox (even though I insisted I had a mild case of the Pox as a kid). After 3 days of the rash and knowing it was not the Pox, I went to my Dermatologist. The first thing he asked me was if I had been in a hot tub lately and then said I had the worst case of Folliculitis (or "hottubitis" as he liked to call it) he had ever seen. Pictures were taken of my rash and put into his book! I missed a week of work because of an unsanitized hot tub...my co-workers busted my buns about that for weeks!
It would have never occured to me to sue the homeowner although I should have complained to him so he could fix the problem. Not sure how a Homeowner can handle this problem when they rent a house that sleeps numerous people and it changes hands every week. They have no idea who is in that hot tub or what goes on in that hot tub and would have to empty it out, sanitize and refill inbetween each guest to try and insure it does not happen again. Needless to say.....my hottub days are over!
One of my suggestions would be to put something in your contract that stresses you have it serviced regularly but it is "enter at own risk". Have an attorney look at the wording so you can be covered if this ever happens again. My other suggestion would be to get rid of the hottub!
Best of luck,
That sounds awful and makes me grateful that I don't have a tub or pool at my vacation house. I do have one at home here and am glad that only my husband and I use it. However, we put chemicals in after every use, I think that may be the difference??
You can certainly see both sides of this issue with some compassion for both parties? Don't know if you can actually write a contract that prevents issues. The best scenario might be to be sure that when the property is cleaned for the next guest that the chemicals also be put in the tub each time to prevent this happening again.
I did forgot to mention two important things. First, we added the chemicals before we went into the tub...believe this was in the home instructions. Second, I later found out that I have autoimmune issues which made me more susceptible to it (did not realize it at the time). No one else got the rash but me. If someone has health issues and a weakened immune system, they shouldn't be going in a public hottub.
Awwww, sorry.. However, putting chemicals into the tub "before" you get in.......is very tough on your skin. We always put ours in after we get out. If we haven't been in for a while, we put it in the night before because you can get a skin reaction just from the chemicals. AND the tub has to be treated periodically even if used, or not to keep it from stagnating.
Thanks for the comments, this all occurred last summer and we never heard much more about it, not sure if the owners compensated them or not. I assume not, their rental agreement is very clear about "use at your own risk" and the service records clearly indicated the tub was serviced prior to their arrival. This owner is very professional, has been renting his home for 5 years, never had a problem before this guest and has not had once since. Seems obvious to me they failed to tell their kids not to pee in the tub and then got in after them.
jbarbara321- sorry to hear about your experience, if an owner is instructing their guests to sanitize the hot tub before use that is a HUGE red flag and indicates they do not have the tub serviced professionally. For any travelers reading this post, ALWAYS ask if the tub is serviced after each guest. If the owner cannot confirm this, rent elsewhere!
I have my tub serviced by a license company and I am friends with the owner and hear all kinds of horror stories. I can tell you that he ends up dumping all the water from my tub and refilling it almost every rental due to the use it gets. My properties sleep 14 and that's a lot of body oil, hair products, clothing detergent, spilled beverages and as gross as it sounds, urine that goes into the water. As long as you have it serviced prior to their visit, any filth that could cause an issue would have come from the renter themselves and thus would not be your responsibility. I have clauses of course in the contracts about rashes and own risk etc but also require them to contact me or the hot tub company if any concerns arise so that issues can be rectifiied before medical conditions arise. Have never had anyone contact me in 5 years but the hot tub guy has told me the tub was "trashed" many many times and I wonder if they were still using it in that condition...