Renting a Pool for Two Groups
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Question
Hello, we are a group of 40 avrechim from the Beit Midrash and wanted to relax together at the end of bein hazmanim, so we booked a pool. We agreed with the operator that he would give us the pool for three hours for 2000 shekels = 50 shekels per avrech + 200 for the jacuzzi and sauna. We arrived at the appointed time and found that the operator had brought another group of 150 people. We approached him, and he said he made a mistake, which actually turned out to be a lie because we heard from several sources that he often does this, calling two groups together. After half an hour of arguments and attempts at compromise on his part, he could not provide us with what we wanted, so we entered the pool with the group of 150 people and did not achieve our goal, as 40 people together with the group of 150 could not find our place there. Reasons: 1. The trip there cost us 800 shekels, and we couldn't return after seeing he brought the 150 people because we had nowhere else to go. 2. He gave the other group half price because we were there, so the discussion is only about half the price. Question: 1. Do we have to pay after he breached the agreement that we would be there alone? If yes, then: 2. Should we pay only as for free swimming 40 per person and not 50 as he agreed with us? 3. Should we pay only half the price as he agreed with the other group? 4. For the jacuzzi and sauna, we should not pay because it was open for the other group, and we did not have the time we should have had for use? 5. Should the operator absorb the travel costs?
Answer
Hello and blessings
According to the instructions of the Gaon, Rabbi A. Fried, shlita, you should pay for the use of the pool only as the market price for free swimming.
For the jacuzzi, you should add a small payment according to how much you benefited from it. [If the market price for free swimming includes the use of the jacuzzi, no additional payment is necessary].
The loss in travel is only indirect damage, and it is exempt from human law but obligatory by heavenly law.
Source
According to the instructions of our teacher, the Gaon, Rabbi A. Fried, shlita