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  • FIRST POST
    • JamesRussell90
    • By JamesRussell90 15th Mar 17, 6:23 PM
    • 2Posts
    • 0Thanks
    JamesRussell90
    Holiday Mis-Sold (haven't been yet)
    • #1
    • 15th Mar 17, 6:23 PM
    Holiday Mis-Sold (haven't been yet) 15th Mar 17 at 6:23 PM
    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?
Page 1
    • hollydays
    • By hollydays 15th Mar 17, 6:31 PM
    • 14,940 Posts
    • 10,720 Thanks
    hollydays
    • #2
    • 15th Mar 17, 6:31 PM
    • #2
    • 15th Mar 17, 6:31 PM
    So are they saying balconies with whirlpools don't exist at all here, ( wasn't there one shown in the photos?) , or are they saying they've booked you the wrong room?
    Have you considered contacting them on Facebook?
    Last edited by hollydays; 15-03-2017 at 6:41 PM.
    • Bogalot
    • By Bogalot 15th Mar 17, 7:06 PM
    • 1,002 Posts
    • 2,570 Thanks
    Bogalot
    • #3
    • 15th Mar 17, 7:06 PM
    • #3
    • 15th Mar 17, 7:06 PM
    Which hotel is it?

    How much compo are you looking for due to the lack of squirty jets in the bath?
    • ThumbRemote
    • By ThumbRemote 15th Mar 17, 7:10 PM
    • 3,758 Posts
    • 4,772 Thanks
    ThumbRemote
    • #4
    • 15th Mar 17, 7:10 PM
    • #4
    • 15th Mar 17, 7:10 PM
    Do you have in writing from Thomson that you won't get one, or was it only verbally? (If the former, it helps your case a lot)

    Do you have a copy of the webpage / brochure that says there is the balcony whirlpool?

    What do you want to happen? A cancellation and full refund, or a price reduction?
    • Shaka_Zulu
    • By Shaka_Zulu 15th Mar 17, 7:45 PM
    • 632 Posts
    • 1,486 Thanks
    Shaka_Zulu
    • #5
    • 15th Mar 17, 7:45 PM
    • #5
    • 15th Mar 17, 7:45 PM
    Ask for your money back and book elsewhere.
    Last edited by MSE ForumTeam3; 16-03-2017 at 10:31 AM. Reason: Quoting deleted post
    We’ve had to remove your signature. Because the unwashed can not understand what you said in Zulu.
    • steampowered
    • By steampowered 15th Mar 17, 7:45 PM
    • 1,272 Posts
    • 1,179 Thanks
    steampowered
    • #6
    • 15th Mar 17, 7:45 PM
    • #6
    • 15th Mar 17, 7:45 PM
    Have you had the holiday yet?

    If not, then you could ask to cancel.

    If you have, then I think you should get something as the room was clearly not as described (although only in a minor way).
    • wealdroam
    • By wealdroam 15th Mar 17, 11:50 PM
    • 18,199 Posts
    • 15,030 Thanks
    wealdroam
    • #7
    • 15th Mar 17, 11:50 PM
    • #7
    • 15th Mar 17, 11:50 PM
    Have you had the holiday yet?

    If not, then you could ask to cancel.

    If you have, then I think you should get something as the room was clearly not as described (although only in a minor way).
    Originally posted by steampowered
    Although a bit cryptic, I think the thread title may answer your question.
    • Moneyineptitude
    • By Moneyineptitude 16th Mar 17, 12:32 AM
    • 18,539 Posts
    • 8,754 Thanks
    Moneyineptitude
    • #8
    • 16th Mar 17, 12:32 AM
    • #8
    • 16th Mar 17, 12:32 AM
    Have you had the holiday yet?
    Originally posted by steampowered
    Although a bit cryptic, I think the thread title may answer your question.
    Originally posted by wealdroam
    Indeed, and just to confirm:

    we are flying December 2017
    Originally posted by JamesRussell90
    • JamesRussell90
    • By JamesRussell90 16th Mar 17, 8:58 AM
    • 2 Posts
    • 0 Thanks
    JamesRussell90
    • #9
    • 16th Mar 17, 8:58 AM
    • #9
    • 16th Mar 17, 8:58 AM
    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!
    • Bogalot
    • By Bogalot 16th Mar 17, 10:27 AM
    • 1,002 Posts
    • 2,570 Thanks
    Bogalot
    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!
    Originally posted by JamesRussell90
    The Preferred Club rooms offer far more extras than the whirlpool, so the cost of an upgrade would still need to take these into account. You could let the hotel know that it is your honeymoon, that may get you an upgrade but don't pin your hopes on it.

    You're still getting a lovely room and a bath on the balcony. How much are you really going to miss what is essentially a very minor feature?
    • theonlywayisup
    • By theonlywayisup 16th Mar 17, 10:58 AM
    • 10,328 Posts
    • 6,935 Thanks
    theonlywayisup
    The website actually says a standard room has
    Private, furnished balcony or terrace with hot tub
    The suites have a
    Spacious, furnished terrace with hot tub
    Thomson appears to have only 3 room types and states all have
    Balcony/Terrace with Private Whirlpool
    I own holiday rentals with hot tubs. Actually sitting on a balcony/terrace in an outdoor tub regardless of jets is still enjoyable. Jets tend only to be on for short bursts of 10 mins or so.
    "I suggest you read who's thread this is and you will find its MINE". sic
    • photome
    • By photome 16th Mar 17, 4:30 PM
    • 12,355 Posts
    • 7,844 Thanks
    photome
    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!
    Originally posted by JamesRussell90
    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
    • By peachyprice 16th Mar 17, 4:44 PM
    • 17,998 Posts
    • 41,013 Thanks
    peachyprice
    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
    • By Bogalot 16th Mar 17, 5:11 PM
    • 1,002 Posts
    • 2,570 Thanks
    Bogalot
    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
    Originally posted by photome
    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
    • By ThumbRemote 16th Mar 17, 9:55 PM
    • 3,758 Posts
    • 4,772 Thanks
    ThumbRemote
    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!)
    Originally posted by Bogalot
    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
    • By pelirocco 16th Mar 17, 11:04 PM
    • 7,499 Posts
    • 8,307 Thanks
    pelirocco
    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.....
    • By AndyMc..... 16th Mar 17, 11:35 PM
    • 550 Posts
    • 373 Thanks
    AndyMc.....
    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?
    Originally posted by JamesRussell90

    Can't you just fart in the tub?
    • photome
    • By photome 17th Mar 17, 6:29 AM
    • 12,355 Posts
    • 7,844 Thanks
    photome
    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!)
    Originally posted by Bogalot
    or increase it
    • peachyprice
    • By peachyprice 17th Mar 17, 8:13 AM
    • 17,998 Posts
    • 41,013 Thanks
    peachyprice
    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!)
    Originally posted by Bogalot
    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
    • By theonlywayisup 17th Mar 17, 9:14 AM
    • 10,328 Posts
    • 6,935 Thanks
    theonlywayisup
    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.
    Originally posted by peachyprice
    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.
    "I suggest you read who's thread this is and you will find its MINE". sic
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