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Can Thomson Holidays withhold my deposit??
Beckie0203
Posts: 3 Newbie
On the 5th October 2010 me and my partner booked two weeks in Goa, travelling the 2nd March 2011 via Thomson's website, for my birthday and 10 year anniversary.
The following day whilst looking on Trip Advisor I discovered that the hotel we had booked was still being built. I immediately contacted Thomson to express my concerns and was told that they could not give me any information on the hotel until the beginning of November as this was when their holiday rep would be at the hotel.
Yesterday I found out that people who had booked to stay in the same hotel several months again and were to due fly out this week have been contacted by Thomson two days before departing to say the hotel was still not completed.
I contacted Thomson again to find out a completion date which they were unable to provide. As this is a special holiday I asked for my deposit back as I do not want to chance having my holiday cancelled at the last minute. Thomson refused saying that the hotel should be built in time even though they cannot give me a completion date. Had I known at the time of booking that the hotel had not been built I would not have booked it, also, had someone told me the following day when I contacted Thomson that the hotel was still being built I would have requested a refund straight away.
Are Thomson able to sell holidays to hotels that haven't been built without stating on their website and are they allowed to refuse to refund my deposit in these circumstances? Any advice on this would be really appreciated.
The following day whilst looking on Trip Advisor I discovered that the hotel we had booked was still being built. I immediately contacted Thomson to express my concerns and was told that they could not give me any information on the hotel until the beginning of November as this was when their holiday rep would be at the hotel.
Yesterday I found out that people who had booked to stay in the same hotel several months again and were to due fly out this week have been contacted by Thomson two days before departing to say the hotel was still not completed.
I contacted Thomson again to find out a completion date which they were unable to provide. As this is a special holiday I asked for my deposit back as I do not want to chance having my holiday cancelled at the last minute. Thomson refused saying that the hotel should be built in time even though they cannot give me a completion date. Had I known at the time of booking that the hotel had not been built I would not have booked it, also, had someone told me the following day when I contacted Thomson that the hotel was still being built I would have requested a refund straight away.
Are Thomson able to sell holidays to hotels that haven't been built without stating on their website and are they allowed to refuse to refund my deposit in these circumstances? Any advice on this would be really appreciated.
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Comments
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Thomson have contracted to provide you with a holiday in March. As this is four months away, there is plenty of time for the hotel to be ready, they will only be in breach of contract if they cannot provide you with the holiday. I don't see the problem?Gone ... or have I?0
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Thomson have contracted to provide you with a holiday in March. As this is four months away, there is plenty of time for the hotel to be ready, they will only be in breach of contract if they cannot provide you with the holiday. I don't see the problem?
Very true, you will get your deposit back if you aren't provided with your holiday.
This could technically be classed as false advertising if they did not mention in any way that the hotel was not built. Companies like Thomson have clauses in their terms and conditions and contracts that would easily counter your argument if you were to bring it up. Their lawyer could simply say "We never mention in any of our other advertisements that the hotels are built and as the expected completion date for building the hotel is due before the customers holiday..." sort of thing, you wouldn't stand a chance unless you don't get your holiday.
Good luck!0 -
Unfortunately it is up to you to research your chosen hotel before booking. If the hotel is supposed to be up and running by a certain date you can't blame operators for making bookings, otherwise it would be empty when it opened.
You could ask them if you could transfer your booking to another holiday, that way you would only incur an admin charge and not lose your whole deposit.
Otherwise it's a case of sitting and waiting, which obviously is going to be far too stressful for a special holiday.0 -
This could technically be classed as false advertising if they did not mention in any way that the hotel was not built.
Why is it false advertising? They advertised a holiday for March and that's still nearly 4 months away. You can't have a refund based on the fact that the hotel MIGHT not be ready.
Don't forget that Thomson are party to the contract too. If the hotel isn't ready they still have to provide a holiday and they will probably send you on an upgraded holiday. They won't just phone you the day before and give you your money back.
And don't forget that you will be staying in a brand new hotel. Try to look at that as a positive.0 -
Why is it false advertising? They advertised a holiday for March and that's still nearly 4 months away. You can't have a refund based on the fact that the hotel MIGHT not be ready.
Don't forget that Thomson are party to the contract too. If the hotel isn't ready they still have to provide a holiday and they will probably send you on an upgraded holiday. They won't just phone you the day before and give you your money back.
And don't forget that you will be staying in a brand new hotel. Try to look at that as a positive.
OK you said that they would upgrade it and change the holiday destination. Then you will be getting a different holiday to a different hotel than you originally agreed. Wouldn't that be classed as false advertisement? They offered a hotel and destination and couldn't deliver.0 -
OK you said that they would upgrade it and change the holiday destination. Then you will be getting a different holiday to a different hotel than you originally agreed. Wouldn't that be classed as false advertisement? They offered a hotel and destination and couldn't deliver.
No, I said they might upgrade it. The hotel should be finished by March so it's reasonable for them top be booking holidays there now. If they can't deliver the holiday it's because of a situation out of their control.
Say you booked a car to rent. When you went there you were told the car was damaged and they had none left. In this situation they would probably offer you an upgraded car, but I doubt they would have to.
Would you say that a rental company shouldn't take advanced bookings because something might happen to the car before you get it?0 -
Beckie0203 wrote: »Yesterday I found out that people who had booked to stay in the same hotel several months again and were to due fly out this week have been contacted by Thomson two days before departing to say the hotel was still not completed.
If they were hoping to have the hotel finished this week, and it wasn't, then given your holiday isn't until March, I'd say there is a fair chance it'll be finished by then, so stop worrying.
You don't say what happened to these people above. Was their holiday cancelled, or were they offered a suitable alternative?
If for some reason it isn't finished by March, then insist on something equal or better. Perhaps even look up alternative hotels NOW so you know what they might offer you.
Of course they're allowed to sell holidays to hotels that aren't complete yet, as otherwise it wouldn't make financial sense! Same as if builders weren't allowed to sell properties until they'd been signed off!Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
No, I said they might upgrade it. The hotel should be finished by March so it's reasonable for them top be booking holidays there now. If they can't deliver the holiday it's because of a situation out of their control.
Say you booked a car to rent. When you went there you were told the car was damaged and they had none left. In this situation they would probably offer you an upgraded car, but I doubt they would have to.
Would you say that a rental company shouldn't take advanced bookings because something might happen to the car before you get it?
I said "This could technically be classed as false advertisement." Yet you assumed I said will be, such hypocrisy. :T0 -
Why is it false advertising? They advertised a holiday for March and that's still nearly 4 months away. You can't have a refund based on the fact that the hotel MIGHT not be ready.
Don't forget that Thomson are party to the contract too. If the hotel isn't ready they still have to provide a holiday and they will probably send you on an upgraded holiday. They won't just phone you the day before and give you your money back.
And don't forget that you will be staying in a brand new hotel. Try to look at that as a positive.
I'm not so sure that Thomson will offer 'an upgraded holiday'.
The hotel in question is called the Silver Sands Hideaway in Candolim, North Goa and some people who were booked to depart imminently have been offered alternative accommodation but not upgraded.
More discussion about it here:
http://www.tripadvisor.co.uk/ShowTopic-g297605-i9001-k4031615-The_Nearly_Built_Silver_Sands_Hideaway-Candolim_Goa.html
OP, I tend to agree with the other posters who say that the hotel will probably be ready by March 2011.
If you still want your deposit back, I'd start by reading through the T&Cs to see if there is anything in there about unfinished accommodation.
Pinkshoes
some people accepted alternative accommodation that Thomson offered, some insisted on different (but not of the same standard as the SSH) accommodation and others took a full refund.0 -
I'm not so sure that Thomson will offer 'an upgraded holiday'.
What I was trying to say is that Thomson are part of a contract too. If the hotel ends up not being ready in time, they will try and find alternative accommodation. More often than not this will be an "upgraded" hotel. If you don't agree to this you can ask for a refund.
The OP seemed to be worried that Thomson were going to cancel their holiday the day before they leave and give them their money back. This is very unlikely to happen.0
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