Getting my Deposit Back

StuieUK34

(Had to start a new thread as partial related one gone off course)
This is a consumer query about getting a deposit back from a holiday company.

In short, booked a hotel though ATOL/ABTA UK operated website, namely Alpharooms.com
I paid the deposit for a hotel ready for June next year....
The advert/details for a hotel room show the total cost, and advise there is a $1 per day fee which has to be paid to the hotel directly.
So as above, advert would say cost of room is TOTAL £275 and the addition of $7 total paid directly to the hotel on arrival.

I have since found that i will be hit with a fee for $69.65 upon arrival at my hotel, a fee which is not advertised, stated, advised about in my booking, therefore I HAVE BEEN MISLEAD into buying a service that is not fully disclosed in terms of costs. Terms and conditions do not state additional charges.

Can i issue a claim via the small claims to get my deposit back, depsite being £57, i do not wish to continue a booking that has hidden costs, and if it werent for the fact i asked lots of questions, i would have turned up on the day and been none the wiser...

And just for info, the likes of Expedia/ebookers/opodo/hotels.com/hotelclub/etc etc etc etc all advertise same hotels as Alpharooms and costs, with the addition that these companies do state on there total costs that an additional fee is payable direct to the hotel.

Help needed please in either how to complete small claims forms, or wording from the sales of goods/services act with regards to mis-sold products/services...
cheers
Stuie

StuieUK34

Following ABTA rules, this is the letter/email i wrote giving them 28 days to respond before i goto step 2....
I cant see me in the wrong, but someone please state if i am!
***************************************************

Dear Sirs,
In accordance with ABTA guidelines, i am contacting you with regards to obtaining a a refund for £57.41 and cancelling the contract.



Particulars:
I booked a hotel via www.alpharooms.com for a room at the Excalibur hotel in Las Vegas for June 2011. The total cost for said room is £272.09.
Your detailed advertisement and conditions for this room state the TOTAL cost of £272.09 with the addition of $1 per day for telephone charges paid directly to the hotel upon check-in.
As per ‘Your’ terms and conditions, my booking is based on the above cost.
Deposit paid to the tune of £57.41

I have since learned of a ‘Resort Fee’ which hotels charge in this location. I have also learned that other UK based ABTA member booking agents advertise the same property. All of these agents clearly state in there details that the hotel imposes a ‘Resort Fee’ of $9.95 per day, which includes telephone charges and a few other things.

By booking the hotel room through www.alpharooms.com, I am lead to believe that based on the detailed information, and invoice details, my total for the hotel room is £272.09 (+ credit card charge) and the additional $1 per day paid directly to the hotel which will equate to $7.


Now, if I were not to write this complaint from learning of fee’s, and have continue with my booking via www.alpharooms.com, I believe that upon check-in in June 2011, I will be forced to pay a Resort Fee of $69.65, for which I would have no prior knowledge and unless that fee that I am unaware of is paid, I would not be able to check-in to my hotel room that I have pre-purchased.

So by acting in advance, I request that you refund me the £57.41 and cancel the contract. For ease of resolve, I am open to alternatives.

Kind regards


Stuart N*****

***************************************************

photome

I have replied on your other thread.

I understood exactly what your point was. I also think you have a valid reason to get your deposit back. The resort fees would have been slightly higher than you have quoted as they are plus tax making them $11.14 a night.

Even if Alpharooms refuse they would only keep £19.61 (I think that is the figure) as you are cancelling so far ahead.

You may find they refund you with no issues.

Another point though when you do come to booking there are a lot of hotels in Vegas that charge resort fees now, some as high as $25 plus per night.

StuieUK34

I dont have a problem with the resort fee Dont have a problem with the cost.....
Its more about not being told about the additional fee is my issue!

StuieUK34

When i explained to the lady on the phone from Alpharooms, that if she booked a cinema ticket to see a movie through the website 'mycinemas.with.big.comfy.chairs.com' and the total price to see a film is £5. You expect to goto the cinema and sit down at your seat. But if you turned up and found you had to pay a chair fee to sit down, for £2 which was not mentioned or advised of beforehand, you would be pretty p!ssed off and refuse to pay! which would mean no comfy chair.....
Lady from Alpharooms then send to put complaint in writing which i have done.....

StuieUK34

Alpharooms.com have replied with this:
"""""""""""""""""""""""""""""""
Good Morning,

As previously speaking to a colleague on the 09/11, she did advise you we are only a booking agent therefore not a tour operator in which we do not have the hotels cost details as this is down to their descretion to pass the information onto us in which we do not have details of.

When booking, you have agreed to our terms and conditions in which state that if you were to cancel your booking 56+ days before check in your will be charged 20% of the total amount,
In this case, this will be your deposit already paid to us therefore you will not be entitled to a refund.
""""""""""""""""""""""""""""""""""""""""

StuieUK34

So i replied with this, just have to wait for there reply before i can raise with ABTA then hit small claims...
"""""""""""""""""""""""""""""""""""
Thank you for your reply dated 10th November 2010.
As per my original email (below), I have clearly stated the reason for my contract to be cancelled and refunded in full, due to your failure to provide me with the correct information regarding a hotel booking.
Therefore, as per my original email, i would like a FULL refund of £57.41 and the contract to be cancelled once refund is complete.
Please note I do not like to be mislead into purchasing a product/service without being given the correct information. As you have clearly failed to provide correct information and infact conflicting information, I will take this as far as legal powers allow me with seek of compensation, original costs and fees.

I await your response.
"""""""""""""""""""""""""""""""""""""""""""""""""""""""


As i said above about the likes of Ebookers/Expedia/etc etc etc advertising same hotel, same rates, blah blah blah..... The one thing they do is advise there is a resort fee on arrival. I have checked with Expedia and Ebookers in terms of there business when it comes to booking just hotel rooms, and both state they are "merely the booking agent, not the tour operator".
So back to my point, alpharooms in terms of hotels are the same as say ebookers, meaning there both booking agents, one agent shows the correct information, the other doesnt.

This is gonna be a battle with them i reckon! Hopefully if i get to take it to court, an example will be made!

StuieUK34

Latest Reply
""""""""
Good Afternoon,

As per our terms and conditions, we will not be issuing you a refund therefore i will cancel the booking as requested.

Kind Regards
Rebecca
""""""""""""""""""""

So for anyone who read my post, you can clearly see i asked for the refund, then the contract to be cancelled. At any stage have i not asked for a straight up cancellation without prospect of a refund.
Now raising a case with ABTA, fun time starts!

Pelican_eats_pigeon

I've used alpharooms a number of times before with no problems, but the attitude they're taking here really makes me think twice about ever booking through them again.

StuieUK34

Dont get me wrong, i have used them in the past for other things, all being OK and so.....
But on this occasion, there falling foul to there own c0ck up, advertising one thing, but saying another, so conflicting info on what actual costs are, then emailing me twice now to say they are cancelling my booking despite me not raising a direct request to do so...
I will post this info in the Consumer Rights section as well (will be a duplicate post)

Incapuppy

If you had booked elsewhere is the cost not likely to have been similar for the room except you would have been forewarned about the additional resort fee payable on arrival?

If so, what's the point in causing yourself all this fuss over the matter of seventy bucks which you would have to pay direct to the hotel regardless? You obviously chose the hotel for whatever reason, why cancel it all just to prove a point?