Holiday Mis-Sold (haven't been yet)

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  • photome
    photome Posts: 16,362 Forumite
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    JamesRussell90 wrote: »
    The Hotel is Dreams Las Maereas in Costa Rica.
    The Website didn't have images of the rooms against the descriptions - just general pictures in the picture gallery.
    They have said (in writing) i will still get a bath on a balcony just not a whirlpool.
    The Hotel Management on tripadvisor have said its just a bath not a whirpool in reply to a question i asked.
    I have screengrabs of the website - and it still has on the website that you will have a priavte whirpool on the balcony.
    The preferred club room's (an extra £1,500 for the time we are there) have the proper whirlpool's on the balconies so ideally i would like that - or at an extremely reduced cost.

    Hope that answers everyones Q's!

    you asked about your rights.

    IMO you would be within your rights to cancel for a refund.

    or pay extra for the preferred club room possibly with a small discount
  • peachyprice
    peachyprice Posts: 22,346 Forumite
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    A bath on a balcony is just plain weird.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • Bogalot
    Bogalot Posts: 1,102 Forumite
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    photome wrote: »
    you asked about your rights.

    IMO you would be within your rights to cancel for a refund.

    or pay extra for the preferred club room possibly with a small discount

    A lack of whirlpool is not going to be significant enough to allow the OP to cancel, especially when there is still a bath on the balcony, the only thing missing is the squirty jets. The only exception to this would be if the OP specified to the agent that this was important to them (it sounds like they booked online so not applicable), so making it a material term of the contract, or a goodwill gesture.

    (The reviews say these baths are on view to other guests, which might kill the fun factor!)
  • ThumbRemote
    ThumbRemote Posts: 4,622 Forumite
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    Bogalot wrote: »
    A lack of whirlpool is not going to be significant enough to allow the OP to cancel, especially when there is still a bath on the balcony, the only thing missing is the squirty jets. The only exception to this would be if the OP specified to the agent that this was important to them (it sounds like they booked online so not applicable), so making it a material term of the contract, or a goodwill gesture.

    (The reviews say these baths are on view to other guests, which might kill the fun factor!)

    Surely all terms are material, that's the point of a contract. I can't see Thomson being too happy with the OP paying a few pounds less, then saying they've not paid a significant amount too little so should still be able to go.
  • pelirocco
    pelirocco Posts: 8,274 Forumite
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    Tbh using a hotel whirlpool bath is pretty high on the health hazard list. Tests show they harbour fecal matter.......not high on my list of honeymoon experiences lol
    Vuja De - the feeling you'll be here later
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
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    JamesRussell90 wrote: »
    Hi, want to know what's my rights are in this situation

    Bought: two week holiday (flights transfers accommodation) website says private whirlpool on balcony
    From: First choice (Thomson holidays)
    When: bought in December 2016, we are flying December 2017
    Paid: using debit card
    Problem: have now since found out the room we have booked is just a bath and not a whirlpool.... (I know sounds petty but it's a honeymoon! Bath is very different on a balcony to a whirlpool). I've only found out since checking TripAdvisor it's a bath. I have complained to Thomson, at first they said you will get one but then said we wouldn't and it would be a bath even though on website it says whirlpool. They are rubbish at getting back- I have asked for compensation am deathly have been waiting two weeks (have chased twice).

    What are my rights in this instance?


    Can't you just fart in the tub?
  • photome
    photome Posts: 16,362 Forumite
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    Bogalot wrote: »
    A lack of whirlpool is not going to be significant enough to allow the OP to cancel, especially when there is still a bath on the balcony, the only thing missing is the squirty jets. The only exception to this would be if the OP specified to the agent that this was important to them (it sounds like they booked online so not applicable), so making it a material term of the contract, or a goodwill gesture.

    (The reviews say these baths are on view to other guests, which might kill the fun factor!)

    or increase it :eek:
  • peachyprice
    peachyprice Posts: 22,346 Forumite
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    Bogalot wrote: »
    A lack of whirlpool is not going to be significant enough to allow the OP to cancel, especially when there is still a bath on the balcony, the only thing missing is the squirty jets. The only exception to this would be if the OP specified to the agent that this was important to them (it sounds like they booked online so not applicable), so making it a material term of the contract, or a goodwill gesture.

    (The reviews say these baths are on view to other guests, which might kill the fun factor!)

    Sorry, but I disagree, the room description quoted above says 'hot tub'. There's a world of difference between sitting on your balcony in a bath and a hot tub, the two are entirely different things. I wouldn't even bother getting in a bath stuck out on a balcony.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    peachyprice wrote: »
    Sorry, but I disagree, the room description quoted above says 'hot tub'. There's a world of difference between sitting on your balcony in a bath and a hot tub, the two are entirely different things. I wouldn't even bother getting in a bath stuck out on a balcony.

    I think the bath statement came from Trip Advisor. A hot tub is not a bath and there are plenty of hot tubs without jets.

    Whirlpool on the other hand is about movement of water. That would need a pump or jet.

    Only Thomson seem to have confused the issue with their wording. The hotels own website calls them hot tubs.
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