Overbooked Hotel - 30 October 2010

lilynolife

I am desperate for some advice on what I can do... I booked a room via Expedia to stay at the Royal Albion Hotel in Brighton on Saturday 30 October. When I arrived at the hotel I was greeted by a lot of disgruntled visitors... like them I was without a room! Allegedly due a computer glitch 140 customers were without accommodation!!!

In order to get us out of the hotel - I'm sure you can imagine how dreadful things were getting!!! - the duty manager announced that those of us without rooms should go find alternative accommodation and the Britannia Hotel Group would give us a refund on the room we booked and pay us any additional costs we incurred!

Brighton was heaving on this particular evening because of 'White Night', so rooms were of a premium! I managed to book into another local hotel at a cost of £219.00. This was £159 MORE than I had paid for the room at the Royal Albion Hotel (£60).

Having arrived home I promptly contacted the Britannia Hotel Group to organise a refund of £159.00 (Expedia refunded the original £60). I have now been told by 5 different people employed by the Britannia Group that they will not refund the money. They say the hotel staff had no authority to tell us we would be reimbursed and because it was a computer error they cannot be held responsible!!

Does anyone know what my consumer rights are?? Or how I can get my money back!!!

Thank you in advance.

Lesley

Mark_Hewitt

The fact that they have "no authority" is rubbish. Are they an employee of the company or not? If you are told something by a company employee you aren't in a position to question them and ascertain if they have the appropriate authority to make that claim.

Sounds like the usual requiring them to pay within 30 days then filing in the small claims court is the way to go here.

lilynolife

Thanks Mark. I guess my concern is I do not have anything in writing from the hotel, just the duty managers word!! The attitude of Britannia Hotel Group is amazing.... they are so rude and dismissive! Will I be able to file a claim without any documentation to support my allegation??? I do have contact with another disgruntled customer in the same boat as myself.... This is such a nightmare, but thank you for your advice.

4743hudsonj

I would have thought a claim for expectation loss would be possible here (loss of a bargain).

This entitles you to seek necessary damages caused by a breach of contract. Seeing as they breached your contract (not providing the room) they are required to pay reasonable, additional costs that would not have been incurred otherwise (additional hotel costs).

Contact consumer direct/CAB for more info on this and get drafting a letter before action requiring them to refund the amount within 14 days or you will take the matter to small claims.

lilynolife

Thank you 4743hudsonj, I have emailed consumer direct as you suggest, hopefully I'm not too late for them to help.

Does anyone have any tips about how to prepare for small claims court.... I am not about to let the Britannia Hotels Ltd get away with treating people this way.... Any other suggestions or advice would be greatly appreciated.

shaun_from_Africa

lilly,

Could I suggest you have a read this: (go to page 1 and 2 of the reviews)

http://www.tripadvisor.co.uk/ShowUserReviews-g186273-d192532-r86098771-Royal_Albion_Hotel_Brighton-Brighton_East_Sussex_England.html#REVIEWS

Why not sign up then contact some of the people who are in the same situation as you.
If it comes to legal action, the court may not take your word for what was said but lots of people stating the same thing would certainly be an advantage.

lilynolife

Thanks Shaun, I am one of those who posted on tripadvisor, I've also emailed the others who have posted on there, I have set up a facebook page to try and find the other people, but they just aren't coming forward. I have just one other person, but hey, I have lots of emails confirming the over booking and that the manager should not have said they would refund the difference.... in my book that is an acknowledgement that what I am saying is correct....

I was hoping that some of the others who are in the same boat as I will see this on here and message me to try and fight this as a group... but I am soldiering on and will keep going until I get my cash back.

Thank you for your response.

splot_2

I think you'll find that as you appear to have booked through Expedia and have received a refund from them, you are not able to claim from the hotel. Your contract was with Expedia, not the hotel, and as the hotel could not provide a room, Expedia have refunded you.

The original hotel may offer some recompense but your original contract was with Expedia and not the hotel.

I think therefore that you will remain out of pocket.

4743hudsonj

splot wrote: »

I think you'll find that as you appear to have booked through Expedia and have received a refund from them, you are not able to claim from the hotel. Your contract was with Expedia, not the hotel, and as the hotel could not provide a room, Expedia have refunded you.

The original hotel may offer some recompense but your original contract was with Expedia and not the hotel.

I think therefore that you will remain out of pocket.

If that's the case, the op should still be able to claim from Expedia for expectation loss. I wasn't sure if Expedia were just an agent or not.

shaun_from_Africa

The original hotel may offer some recompense but your original contract was with Expedia and not the hotel

But don't forget that an employee of the Royal Albion hotel informed them that they would pay for alternative accomodation, and there is written confirmation of this. (The e-mail in which they state that the employee should not have stated this).

A verbal contract is in many cases as legally binding as a written agreement, and in this instance there is proof of what was actually stated. (and the tripadvisor webpage I gave the link to shows that other people were told the same thing).

So, irrespective of who the original contract was with, and the fact that the original payment was refunded by Expedia, I personally think that lily has a good case against the Albion hotel.

lilynolife

Thank you all for your on going advice, I am happy to consider all advice that is out there, you are all very helpful and I am very grateful.

Thank you again =0)