Overbooked Hotel - 30 October 2010

lilynolife

Well, I continue to recieve responses to my emails to personnel at Britannia Hotel Ltd, refusing to repay my money and now refusing to share with me copies of their policy relating to 'overbooking'.... If anyone has any other advice I would love to hear it.

Thanks

shaun_from_Africa

Send them one further e-mail, and inform them that unless they pay for the cost of your alternative accomodation within 7 days then you will have no option but to take legal action to recover this money (You can do this for about £30 online)

https://www.moneyclaim.gov.uk/web/mcol/welcome

I'm not surprised that they don't want you to see their overbooking policy.

Out Bookings

In the event that no Room is available, we will endeavour to

• Find suitable alternative accommodation of an equal or better standard to the Hotel holding the Guest's guaranteed booking.
• Provide free transportation to the alternative hotel for the Guest and other members of the Guest's party who are listed in the Guests guaranteed booking.

http://www.britanniahotels.com/bookings/terms-conditions

Equaliser123

I personally would not use moneyclaimonline but your local county court as this is not a straightforward debt claim.

You DO have a claim. Depending on who your contract is with will depend upon who is liable.

I would claim against Expedia AND the hotel. There has been a breach of contract. Following a breach, contractual damages are intended to put you in a position you should have been in had the contract been performed correctly. You are under a duty to mitigate your loss. However, providing the alternative was reasonable in the circumstances, then you are able to claim that loss.

Ask Expedia and the hotel for their final position on this within 7 days failing which go ahead and issue the claim.

shaun_from_Africa

The reason that I suggest taking action against the hotel was for a number of reasons.

1/ It was the duty manager of the hotel (probably the most senior employee there at the time) who informed them that they would pay for alternative accomodation.

2/ They have e-mails from Britannia group (owners of the hotel) stating that their employee had no right to state this. This is nothing to do with lily, but it is a failing on the part of the hotel and their employees.

3/ Britannia have declined to send a copy of their overbooking policy. Why don't they want someone to see this unless they feel it may go against them.

4/ claiming against 2 parties as suggested (Expedia and the hotel) could cause many problems as each one would try blaming the other, which may well drag it out for many months, if not longer.
It would also mean the court having to arrange a date suitable for all 3 parties to attend, again, something which may well take a while to do.

Personally, before considering any further action, lily would probably be best talking to Consumer direct or someone similar to get their opinion.

Equaliser123

shaun_from_Africa wrote: »

The reason that I suggest taking action against the hotel was for a number of reasons.

1/ It was the duty manager of the hotel (probably the most senior employee there at the time) who informed them that they would pay for alternative accomodation.

This would not be a breach of contract issue but potentially one of an equitable nature (e.g estoppel).

2/ They have e-mails from Britannia group (owners of the hotel) stating that their employee had no right to state this. This is nothing to do with lily, but it is a failing on the part of the hotel and their employees.

This doesn't make any difference but is evidential.

3/ Britannia have declined to send a copy of their overbooking policy. Why don't they want someone to see this unless they feel it may go against them.

Not relevant as the OP will say that the overbooking policy is not a contractual item.

4/ claiming against 2 parties as suggested (Expedia and the hotel) could cause many problems as each one would try blaming the other, which may well drag it out for many months, if not longer.
It would also mean the court having to arrange a date suitable for all 3 parties to attend, again, something which may well take a while to do.

Totally disagree. It is usual in cases like this to claim against all potential defendants and sit back and let them blame each other. Courts don't arrange dates which are suitable - they tell you when the trial date will be.

In my experience, Expedia and the hotel will do a behind the scenes deal and pay the money to the OP without filing a defence.

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See embedded...

lilynolife

Thank you for the continued good advice, I have emailed Britannia as suggested and asked them what is their final position and informed them as suggested that if I don't hear from them within 7 days I will start my course of action.... I'm still shocked that such a big hotel chain can simply dismiss the promises their staff have made... and my favorite moment so far is the promise that if I book another break at the Royal Albion Hotel in Brighton they will upgrade my room and throw in a bottle of wine as a gesture of good will!!!! No mention of refunding the £159 i'm out of pocket or offering a 'free room'.... totally unbelievable LOL.


If anyone has any othere suggestions as to what I can do, I am happy to listen =0)

shaun_from_Africa

If it was just you, then you might well have been paid with little or no trouble.

However, as you state in your first post that "140 customers were without accommodation!!!", so even if only 1/2 of them had taken the duty manager at his word and booked alternative accomodation expecting the Albion to pay, it would be a huge dent in their takings.

Empty_pockets

Tough IMO. They should be checking things like this.

I'd be quite clear you expect full costs, and if you go to court you should claim for everything you can.

If Travelodge can match booking to rooms for under a tenner they should be able to.

Mankysteve

Have CAB got back you. If you book with Expedia then your contract is with them not the hotel. You should be talking to Expedia its up them to set you right. Then they can claim off the hotel for not carrying out the contract between them and the hotel.

lilynolife

I feel confused because although I booked through expedia, it was Britannia that told us to go book another room and we will pick up the difference.... Expedia refunded the cost of the original room but I haven't gone any further yet with Expedia as I can't get my head around it being their problem.... Britannia made nearly a million pound profit last year so IMO they can afford to refund me my £159!

Thanks again for your thoughts and suggestions