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PLUM GUIDE MEDIATION & ARBITRATION SCHEME

  1. INTRODUCTION
      The Barrister Group is a leading provider of mediation and arbitration services in the UK and supplies this Scheme. The Plum Guide Mediation & Arbitration Scheme has been designed as a cost-effective and speedy alternative to the courts to resolve disputes between those listing properties on the Plum Guide (the Host) and their customers (the Guest), arising from alleged breaches of contract and / or negligence. Prior to the use of this Scheme, the parties should attempt to settle their dispute through the Plum Guide care team service in accordance with the Terms of Service. A Guest may only apply for mediation or arbitration via this Scheme once they have reached deadlock and the Plum Guide internal complaints procedures have been exhausted in accordance with the Plum Guide’s Terms of Service. If this occurs, then the parties may proceed directly to mediation by following the procedure set out in these Rules.The parties may request from Plum Guide the contact details for The Barrister Group, who are the Scheme administrators. The parties will be required to agree to The Barrister Group’s terms of service for the mediation. All cases for mediation must be requested within 2 months of completion of the Guest’s stay at the Host’s Accommodation. Any requests outside this period must be agreed to by all parties.In the event a mediation is unsuccessful, the Guest can elect for arbitration. Arbitration Awards made under the Scheme are final and binding on all parties, though any party has the right to seek leave to appeal in the courts. The parties will be required to agree to The Barrister Group’s terms of service for the arbitration. All cases for arbitration should be requested within 2 months of completion of the Guest’s stay at the Host’s Accommodation or 2 weeks of a failed mediation, whichever is the later. Any Arbitration under this Scheme will be governed by the provisions of the Arbitration Act 1996 or any statutory modification or re-enactment thereof for the time being in force (the Act) and the Scheme Rules. All Arbitrations will be deemed to take place in London, U.K.Any claims (mediation or arbitration) under the Scheme may be made only by or on behalf of any person named in the Booking Confirmation or other contractual documents. "Guest" includes prospective clients and includes all persons whose Bookings were made under a single Booking Confirmation. All claims made under each Booking Confirmation must be made at the same time.Any claims (mediation or arbitration) under the Scheme cannot be made for more than a total of £100,000. Where a claim for personal injury / sickness is made the limit on the amount claimed is £1,500 per person, and the personal injury / sickness element cannot be the majority of the claim. The Scheme cannot deal with disputes arising from assault (both physical and sexual) or where a crime has been committed.Further information on The Barrister group can be found here: https://thebarristergroup.co.uk
  2. APPLYING FOR MEDIATION OR ARBITRATION
      On request, Plum Guide will issue to the Guest The Barrister Group’s contact details in order to request the service from The Barrister Group. If the Guest wishes to proceed all documentation and evidence must be returned to The Barrister Group in accordance with their procedures.Where there is a choice of individual mediator/arbitrator to the dispute, the Guest and Host are encouraged to mutually agree the individual to be appointed. In the event this is not possible, Plum Guide shall make the final decision on which individual shall be appointed. Where a claim is made against the Host, the Host shall be joined in the mediation or arbitration automatically. The Host is required to pay a separate registration fee to The Barrister Group and will be invoiced at the appropriate time.
  3. APPLYING FOR ARBITRATION
      The Arbitrator shall have the widest discretion permitted by law to resolve the dispute in a final manner in accordance with natural justice. In particular, he has the power to direct the procedure of the Arbitration, including varying time limits and other procedural requirements, and for example to:
        allow the parties to submit further evidence and / or amend the Claim Documents, the Defence Documents or any Counterclaim;conduct enquiries and receive and consider additional evidence as he sees appropriate;issue Directions for any procedural or evidential matters which he considers appropriate;award interest on any sum awarded, even if not claimed; (only monetary awards can be considered under this scheme);continue with the Arbitration if either party fails to comply with these Rules or with the Arbitrator’s Directions;end the Arbitration if both parties confirm to The Barrister Group in writing that they have agreed to settle the dispute prior to an Award being made, any payment previously made to The Barrister Group will not be refunded;end the Arbitration if he or she considers the case to be incapable of resolution under the Scheme. If the case is incapable of resolution (under the Scheme) then the fees will be refunded.
      The Arbitrator will take into account any offers of settlement made (up until the request for mediation and payment has been received by The Barrister Group) by either party only when considering awarding to any party reimbursement of his / its registration fee by another party.If any party fails to deliver anything required by the Arbitrator within a given timeframe, the Arbitration shall proceed, as the Arbitrator considers appropriate.
  4. COSTS INCURRED IN THE MEDIATION OR ARBITRATION
      The registration fees payable by the parties, as will be set out at the time of request, include The Barrister Group’s administration fee and the Mediator or Arbitrator’s fee. On occasion, these costs may be covered by Plum Guide in its sole discretion and without obligation.Any agreement in the mediation or award made by the Arbitrator, which directs another sum or sums to be paid by either party, is distinct from any payment of the fees.Where a sum awarded to the Claimant in an Arbitration is the same or lower than an offer previously made by the Respondent (irrespective of the amount claimed) the Claimant shall be treated as an unsuccessful party.Each party shall bear its own costs of preparing and submitting its case, including the costs of legal representation, if any, and no legal action may be brought to recover these costs.
  5. CONFIDENTIALITY
      Both the Claimant and the Respondent undertake not, at any time, to disclose to any person any details of the Mediation or Arbitration, unless it is to uphold the agreement or Award.The Barrister Group and Plum Guide may analyse Arbitration Awards in order to monitor the effectiveness of the Scheme and produce and/or publish findings.Personal information will only be published for the purpose of upholding the Award or at the direction of a Court Order or any governmental or regulatory authority.
  6. OTHER RULES
      The law of England and Wales will apply to the Arbitration and to the claim. The Arbitrator shall determine the applicable law of the contract.The Barrister Group will appoint a new Arbitrator if the Arbitrator originally appointed is unable to deal with the dispute in its sole discretion. The Barrister Group will inform the parties if such an appointment is made.With the exception of amending the Award following any minor error / omission, which he has power to correct by law, neither The Barrister Group nor the Arbitrator will enter into correspondence or dialogue relating to the Award.In the event that the Arbitrator has made a minor error / omission which he has power to correct by law, the minor error / omission will be corrected. This can be done at the Arbitrator’s own initiative, or on request of either party, providing the request is made within 14 days of the Award being sent to the parties. The Arbitrator shall not be liable to any party for any act or omission in connection with any Arbitration conducted under these Rules, save for any wrongdoing on his or her own part arising from bad faith.

FREQUENTLY ASKED QUESTIONS (FAQs) What is the purpose of the scheme? The scheme deals with alleged breaches of contract and / or negligence between Plum Guide Hosts and their Guests and cannot deal with any criminal cases or those of assault either physical or sexual. The scheme is provided so that Guests can have disputes resolved without having to go to court and without having to go to the expense of instructing solicitors (though you may choose to use a solicitor if you like, at your own expense).

What is Arbitration? Arbitration is a form of alternative dispute resolution (ADR) and is a cost effective, speedier and a less formal alternative to resolving your dispute through the courts. It is conducted privately based on written documentation and evidence and the Award is binding.

What is an Arbitrator? An Arbitrator is a neutral person who makes a legal and binding decision (Award) after considering the evidence that both the Claimant and Respondent submit. The role of an Arbitrator is similar to that of a judge and the Award will be conducted fairly and neutrally. Arbitration is a legal process and the Arbitrator must make his decision based on the law.

The Award is the document with the decision that the Arbitrator produces once he or she has considered all the evidence. You and the Plum Guide Host are legally bound by the Arbitrator’s decision, which is enforceable in the courts, subject to any provisions in the rules. It contains legally binding orders for the parties and details of the case and the Arbitrator’s explanation as to why he or she decided the case as they did.

If you win (or partially win), the Plum Guide Host will send you the money they owe you directly. Payment is due within 21 days from the date the Award is issued. If you do not receive payment within 21 days, then you should, in the first instance, contact the Plum Guide but Plum Guide is not responsible for enforcing any Award you receive.

If you lose or you’re awarded less than, or the same as, an amount that was previously offered to you by the Plum Guide Host, you’’ll be ordered to pay a further amount to the Plum Guide Host, which will be less than or equal to the sum you paid as a registration fee but no more than that. For example, if the Plum Guide Host offers you £700 and you decline the offer, and then the Arbitrator awards you £500, you will likely have to pay the equivalent of your registration fee back to the Plum Guide Host. The Arbitrator does have the power to deduct any sum from what has been awarded. You are also responsible for the cost of making your case (e.g. photocopying, postage, etc.)

The Arbitrator decides the case purely on the arguments and evidence presented by the parties. The parties must prove their case on the balance of probability to the satisfaction of the Arbitrator. The Arbitrator assesses the evidence and analyses the terms of the contract, which have been agreed to by you and the Plum Guide Host when the booking was made. The Arbitrator specifically looks for a proven breach of this contract.

The Arbitrator is restricted to consideration of the documents and evidence submitted. You must therefore make every point and submit all supporting evidence that you consider relevant. You must also retrieve and submit any documents sent previously to any other body and upon which you intend to rely.

Do I need to prove my claim or does the Plum Guide Host have to prove I am wrong? The burden of proof is on you, as it would be in court, and in order to prove your claim you should submit all the evidence that you feel supports it. Your claim should be set out in date order, listing the events which have led to the claim, and referring to each supporting document in respect of each allegation.

Do not exaggerate the claim, if you are unable to produce evidence to prove any aspect of the claim, consider whether that part should be included or what justifies it. Exaggeration may undermine the credibility of your evidence.

How long will it be before I know the outcome of an Arbitration? You should expect to hear the outcome within 8 - 12 weeks from the date that the application for Arbitration was received by The Barrister Group.

Can the Arbitrator or The Barrister Group advise me on my case? No. The Arbitrator and The Barrister Group are impartial and cannot act as a consultant or adviser to either party. The Arbitrator and The Barrister Group can only advise you on procedural matters. If necessary, advice should be sought from a solicitor or Citizens Advice Bureau.

Do I need legal representation? No, not unless you chose to do so. Arbitrators do not expect claimants to have legal representation, though you may choose to have it, at your own cost. This is your right. Please remember that your legal costs cannot be reclaimed, even if you win.

If my claim is unsuccessful, what can I do next? You can seek leave to appeal through the High Court, within 28 days of receiving the Award

THIS DEADLINE IS STRICTLY ENFORCED AND IF YOU DO NOT APPLY IN TIME, YOU WILL LOSE THE RIGHT TO SEEK LEAVE TO APPEAL. THERE IS NO OTHER WAY TO CHALLENGE THE AWARD. YOU MAY NOT LIKE AN AWARD (THE AMOUNT AWARDED) BUT REMEMBER THAT DOES NOT MEAN THAT THE AWARD IS WRONG IN LAW.

Appeals will normally require evidence of a serious error in law or misconduct on the part of the Arbitrator. In order to have an appeal considered by the High Court, you will need to instruct a solicitor.

Further information on The Barrister group can be found here: https://thebarristergroup.co.uk