Hotel is trying to charge for Breakfast after we have checkout?

Kayss2000

andyrules wrote: »

What difference does it make who the OP spoke to? If the staff don't know the policies/have no power to make decisions like rectify their errors/don't liaise with each other it isn't any fault of the guest! They didn't request breakfast on the booking form, were given it on confirmation (even agents don't always know when/which/if their hotels are offering breakfast at any time, so it isn't something unusual), were told it was a computer error, then told the error would be honoured. Finally, they were sent a bill - seemingly for the hotel messing up twice!

As I have put in a thread before, we have stayed before booking self catering and they gave us a free evening meal, we just had to pay for the wine, (The food was great) So you can see why we thought that was yet another offer....

sagacity_2

You won't succeed if you try to sue the hotel in the Small Claims Court, I'm afraid. The only contract here is the original basis on which you booked, self-catering. Any subsequent correspondence from the hotel saying (wrongly) that you were entitled to breakfast does not constitute a contract as there was no consideration (payment) for the 'variation' to the original contract. In other words, you didn't pay any extra for what you thought was an upgrade. (All contracts have to have both agreement - acceptance of an offer - and consideration, amongst other things). You might have had an argument to continue eating your breakfast on the first day, but that is not an issue since the hotel permitted you to remain anyway. However, once they had told you there had been an error and you weren't entitled to breakfast, you had no grounds for trying to get a free breakfast on days 2 and 3. You'd be best to accept the situation - that you had one free breakfast on the basis of their error and that the two subsequent breakfasts should be paid for.

An analogy could be: you book 3 flights with an airline; the airline emails you to say they've upgraded you; in fact it was an error and they allow you to sit in business class for the duration of the first flight but insist that you return to economy class for the other two flights. You wouldn't be able to sue them on the basis that you had relied on their 'upgrade email' as you hadn't paid anything (consideration) for this upgrade.

If you feel the urge to protest, vote with your feet and don't go back there. I imagine you won't want to see them again and I suspect the feeling may be reciprocated.

OlliesDad

sagacity wrote: »

An analogy could be: you book 3 flights with an airline; the airline emails you to say they've upgraded you; in fact it was an error and they allow you to sit in business class for the duration of the first flight but insist that you return to economy class for the other two flights. You wouldn't be able to sue them on the basis that you had relied on their 'upgrade email' as you hadn't paid anything (consideration) for this upgrade.

That analogy is not the same.

The correct analogy would be if the airline advised they would honour the mistake but after they allowed you to return in business class as well, they decided that they were wrong, and then threatened to charge the card.

geri1965_2

Kayss2000 wrote: »

We have stayed before and a lovely time, that time we booked self catering and they gave us a free evening meal which was fantastic, we just payed for the wine, you can see why we thought that it was an offer agin this time with breakfast ?

They do offer breakfast with some of their offers.

Stay three nights or more (Sunday - Thursday) in the hotel or the cottages on our special storm watching promotion, and receive one of the following: a complimentary two course dinner, a complimentary Headland full afternoon lounge tea, a complimentary three course Sunday Lunch, or a complimentary Full English buffet breakfast in The Brasserie.

andyrules

sagacity wrote: »

You won't succeed if you try to sue the hotel in the Small Claims Court, I'm afraid. The only contract here is the original basis on which you booked, self-catering. Any subsequent correspondence from the hotel saying (wrongly) that you were entitled to breakfast does not constitute a contract as there was no consideration (payment) for the 'variation' to the original contract. In other words, you didn't pay any extra for what you thought was an upgrade. (All contracts have to have both agreement - acceptance of an offer - and consideration, amongst other things). You might have had an argument to continue eating your breakfast on the first day, but that is not an issue since the hotel permitted you to remain anyway. However, once they had told you there had been an error and you weren't entitled to breakfast, you had no grounds for trying to get a free breakfast on days 2 and 3. You'd be best to accept the situation - that you had one free breakfast on the basis of their error and that the two subsequent breakfasts should be paid for.

An analogy could be: you book 3 flights with an airline; the airline emails you to say they've upgraded you; in fact it was an error and they allow you to sit in business class for the duration of the first flight but insist that you return to economy class for the other two flights. You wouldn't be able to sue them on the basis that you had relied on their 'upgrade email' as you hadn't paid anything (consideration) for this upgrade.

If you feel the urge to protest, vote with your feet and don't go back there. I imagine you won't want to see them again and I suspect the feeling may be reciprocated.

But I would hope that they could sue on the grounds that the hotel took an unauthorised payment from their card. If the hotel insist on pursing this, then they should go through the courts - if they really want to go to those lengths.

Kayss2000

Can I just give thanks to ALL your comments good and bad, I do only look at this site when I need help with problems we have in day to day life. And always seem to find other people having the same issues. It such a great site with great people trying to help.

I see that this thread has had many views and comments, We have sent our reply letter, and lets see what happens.

I promise to update you ALL.

Thanks Again.