To: The Management

Boracay Midtown Hotel

Brgy. Balabag, Boracay Islands
Malay, Aklan, Philippines
Thru: Agoda Customer Care
Agoda.com
To whom it may concern:
On March 23, 2017 we checked in at your hotel which we have booked with Agoda
with booking ID 119072664. Such booking cost us at least $273.00. On that same fateful day,
my 7-year old nephew, fell from the stairs of your hotel from a height of at least 7 feet due to
your hotel’s failure to observe for the protection of the interests of another person that
degree of care, precaution, and vigilance that the circumstances justly demand, whereby such
other person suffers injury. While you have installed plywood walls to serve as protective
barriers where balusters are usually installed in stairs, they were not properly fixed nor
effectively nailed against any solid structure in your staircase. To make things worse, we were
never advised of such dangerous condition by your hotel staff upon checking in. The sign that
says do not touch the wall was so inconspicuously and ineffectively placed considering the
injury caused. Such gross negligence is a breach of your duty to exercise extraordinary care
and precaution in operating your business and protecting your guests. Furthermore, such
failure to do, without malice, an act from which material damage results by reason of an
inexcusable lack of precaution on the part of the person failing to perform such act is reckless
imprudence.
Immediately after the accident, we demanded to talk to your Manager but were
initially refused by your uncooperative staffs - Joy Tandog and Cathy May Subillaga. We were
told that the manager was not around and that they were trying to get a hold of him, to no
avail. Only after several irate demands and minutes wasted that we found out that the
manager(Neil) was just upstairs. Upon talking to Neil, we demanded that we be transferred
to another hotel at the expense of the hotel management; the value of the hotel where we
should be transferred must not be less than the value of our booked accommodation with
Boracay Midtown; the cost of our disbooked accommodation with Boracay Midtown must be
refunded in full; and, that the hotel management must shoulder the medical expenses of my
nephew. We explicitly told Neil that our agreement to this terms shall not bar us from
pursuing other legal remedies. He verbally agreed with us on all these terms however, things
came out differently thereafter. Instead, we were booked at a backpackers pad where the
amenities are far different from that of Boracay Midtown. Since were already exhausted from
the trip(MNL-Boracay), plus the stress caused by the accident, we felt compelled to stay at
the Backpackers pad so we could get our much needed rest. We stayed in Boracay for 5 more
days after the said incident and we have repeatedly attempted to communicate with your
hotel manager to rectify and sort out the things we have agreed on, however, Neil never faced
us nor contacted us and the hotel staffs became even more uncooperative as if nothing ever
happened. We were never refunded of the full amount, instead, your manager reported us
as no show to Agoda which, clearly, is bad faith already on the part of Boracay Midtown Hotel.
 We visited Boracay to unwind and free ourselves of life’s stress but these series of
unfortunate events spoiled the entire purpose of our stay at Boracay. Instead, we spent our
remaining stay at Boracay worrying about the effect of the traumatic accident to my nephew’s
physical and emotional health. Now therefore, let this communication serve as our last and
final demand to compensate us for the damages which includes but may not be limited to the
inconvenience, emotional trauma, the spoiled vacation and the injury, which was directly
caused by your negligence, in the amount of One Hundred Thousand Pesos( Php 100,000.00).
Your continuous refusal to heed to our demand for compensation upon receipt of this
correspondence will commence legal proceedings without further notice to you.
Finally, I am attaching photos of the actual place of the incident, a copy of the Police
report and the medical certificate we obtained from Ciriaco S. Tirol Hospital for your perusal.

Sincerely Yours,
Morris Pame A. Valencia