Reply
cancel
Showing results for 
Search instead for 
Did you mean: 
Reply

Client wants refund after I won the dispute on Upwork and threatens me with lawyers outside of it.

silw
Community Guru
Aron H Member Since: Mar 29, 2017
11 of 13

This example was placed to display how hopeless their attempt to sue her would be, not to disply legal correctness, which is most likely different in each country.

Maybe in the US it's different, but in Germany you can't demand compensation after you already ate your meal. Even in case you become sick you have to proof that the restaurant knowingly served bad food. Restaurants are following the Käuferrecht and have to follow the "§ 440 Besondere Bestimmungen für Rücktritt und Schadensersatz" from the BGB (Bundesgesetzbuches).

You can clain replacement or correction of the service within the first 10% of your meal, afterwards you are automatically accepting the service and lose the right for compensation or replacement of the service.

 

Not sure why you are pointing out that it's not entirely the same or bossing me on what to give advice on, since her case is crystal-clear.

 

 

tlsanders
Community Guru
Tiffany S Member Since: Jan 15, 2016
12 of 13

Well, for two reasons.

 

First, her case is NOT crystal clear. What makes her case low-risk is that the client is outside the country and it would be difficult and expensive to pursue.

 

Second, you've created an analogy that may be relied on by naive future freelancers reading this thread, and it may cost them big money since you have provided inaccurate information.

 

So, really, my response has little to do for you. It's for the benefit of freelancers who don't know any better and might be harmed by relying on your bad advice.

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
13 of 13

 Even in case you become sick you have to proof that the restaurant knowingly served bad food. Restaurants are following the Käuferrecht and have to follow the "§ 440 Besondere Bestimmungen für Rücktritt und Schadensersatz" from the BGB (Bundesgesetzbuches).

 


 I don't think the client is in Germany, the OP certainly is not, and neither want to sue a restaurant so the point is moot.

 

I have to say that it always concerns me when I see someone offer two-way (to, from, and between) translations in 5 "native - bilingual" languages. It will, invariably, go wrong sooner or later...

TOP SOLUTION AUTHORS
TOP KUDOED MEMBERS