Top Secret Hotel inaccurate info given - can i get refund?

succuba5

Thanks for all your advice. I'll try again with Lastminute as I believe my contract would be with them as I have paid my money to them and my receipt is from Lastminute.

I'll also try Consumer Direct, so thanks for that as I'd not heard of them before.

Will let you know how I get on.

Thanks again

Nukumai

succuba5 wrote: »

Wow there is a lot of attitude on here but it's not from me. I've asked a simple question and am getting irrelevent responses back. I'm not asking for agreement I'm asking what my rights are. Once again, constructive feedback appreciated.

succuba - you have asked a perfectly reasonable question.

IMO, you should persist with lastminute; the Cancellation Terms should not apply in this instance, as you made a commitment, in good faith, based upon a feature that was not only important to you, but important enough that that the hotel chooses to use this feature to attract customers.

Promoting a hotel as "brand new" when it is 5 years old is definitely misleading. I accept that it might not matter to some people...but equally accept that it will matter very much to others.

Persist with lastminute until you receive a satisfactory outcome.

UK2010

Nukumai wrote: »

Promoting a hotel as "brand new" when it is 5 years old is definitely misleading.

It'll be a case of no-ones changed the text, it's probably the same description that was used 5 years back. Not some trick trying to con people which seems to be suggested here.

Nukumai

UK2010 wrote: »

It'll be a case of no-ones changed the text, it's probably the same description that was used 5 years back. Not some trick trying to con people which seems to be suggested here.

Perhaps. But it is misleading, irrespective of the reason behind it.

NGlady

Surely the reasons for wanting to cancel are in fact important, along with the reasons why the hotel needs to be new. If you are wanting advise on how to get out of this deal with the company, surely these reasons are in fact quite important so people are able to help you develop an argument for the company, so you dont loose all your money.

People are not asking for the reasons for you wanting to cancel for their own good OP its to help YOU

R0bert_Sterling

I'm with the OP...

Can you imagine going to a Hotel where you are NOT the very first person to enter that room and sleep in that bed??

UUUuurrrrgggghhhh!! disgusting,.

zzzLazyDaisy

I have to say that I'm surprised by some of the responses.

My sister and I often look for brand new hotels to stay in - the reason is that in the first year or two the chain often subsidise new hotels in tourist areas, so there are some good deals to be had. Also we do like the surroundings of new hotels, and we have found that staff and management fall over themselves to give good service as they are wanting to drum up repeat business.

My experience is that a ten year old hotel in a tourist place is definitely going to be very tired round the edges unless it has had a major refurb, and certainly isn't going to have the same appeal as a brand new hotel (to me at any rate).

So in OP's shoes I'd be really annoyed... especially as it is a secret hotel and therefore more difficult to check the reviews etc.

I'd definitely be contacting consumer direct, and my credit card company.

Annisele

succuba5 wrote: »

If you're unable to respond constructively then please don't bother it's a waste of the readers' time.

RL290 - Why should it help you to know my reasons for wanting to stay in a hotel that has been described correctly? The legalities shouldn't change depending on my reasons.

If someone sold you a TV as brand new and you found out that it wasn't (even though it worked just fine) then I'm sure any normal person would have an issue with that.


My question is have I been mis-sold an item, and if so which company is responsble for providing a refund.

Thanks for any constructive feedback.

Afraid I disagree with you; I think your reasons matter a lot.

I don't think you can get LastMinute on breach of contract, because a "new" hotel isn't substantially different to a "brand new" hotel.

You might be able to get LastMinute on misrepresentation - in other words, you might be able to argue that LastMinute told you something that was untrue and that as a result you entered into the contract when you would not otherwise have done.

If you don't really have much of a reason for wanting a "brand new" hotel, then I can't see that you'd win a misrep case. In essence, without a reason you'd be saying that the description as "brand new" rather than "new" made no difference to your decision to enter into the contract.

If there was a good reason, and you could use that reason to convince a judge/LastMinute that you would not have entered into the contract but for the misrepresentation as to its (brand) newness, you might win.

Hintza

I was actually coming to write something quite sarcastic until I clicked on the link.

OP might have a point.

OlliesDad

The problem is that it says "Brand New", but in what context?

It could mean brand new built (as per the OPs assumption), or it could mean brand new to the website, brand new at being secret, brand new owners, brand new following refurbishment etc. etc.