I NEED some help please;

DVardysShadow

Sorry, I missed the discrepancy of the websites. My advice does not apply.

paddyrg

I maintain as opposed to sending them £42 to cancel, you spend £30 on a small claims proceeding. You do it online, very easy. Just offer them one last chance...

lindos90

Make sure you do a screen print of the web site that says its included, as the owner will no doubt update this as soon as he can!

unholyangel

Why not call coal distributors local to the cottage and ask how much a bag of coal is and how much you would expect to use whenever your trip is booked for? If they can supply it at a more satisfactory price, why not ask them to deliver for the week you are there. Also enquire how much is in the starter pack (from the agents) and how long that should last.

£300 for one week in october seems an awfully high guess. I would expect at £10 a bag for it to be 25kg bags.

Seanymph

I've screen printed it.

I said I would like to honour my booking, but expected the fuel to be included.

The agency phoned the owner who said he hadn't got around to updating his website - he knew it said that on there - but he wasn't prepared to include it this time.

Because I read his website - clicked the email link and then called the number I was given I was directed on the phone direct to the booking page - she talked me through the internet link spelling it out. So I never actually viewed the cottage ON the northumberland cottages website - I only viewed it on the owners website which still said fuel included.

It wasn't until the booking confirmation came through the post which said £10 per bag of coal that I was alerted to the revision which took place in October 2010.

Does that mean (DVardy?) that I don't have an argument?

unholyangel

paddyrg wrote: »

I maintain as opposed to sending them £42 to cancel, you spend £30 on a small claims proceeding. You do it online, very easy. Just offer them one last chance...

Problem being if he loses he'll still have to pay the £42.

lindos90 wrote: »

Make sure you do a screen print of the web site that says its included, as the owner will no doubt update this as soon as he can!

And problem being with this is that technically he never booked with that websites T&C's, but with the other T&C's.

You'd think with the situation they would be more understanding though.

Seanymph

thanks unholy angel.

The house has no electricity, no gas, and no heating - it runs from a solid fuel burner which does everything.......... in my first post I estimated another £100, I upped that in another because there is no telling how much the fuel burner would use - however, it is the last week of October in Scotland and it is the only source of heat/cooking I suspect I would use a fair bit. You certainly wouldn't be letting it go out.

But the amount I'd use would be a moot point - it was the discrepancy between his website and the terms I received that caused my problem.

DVardysShadow

Seanymph wrote: »

I've screen printed it.

I said I would like to honour my booking, but expected the fuel to be included.

The agency phoned the owner who said he hadn't got around to updating his website - he knew it said that on there - but he wasn't prepared to include it this time.

Because I read his website - clicked the email link and then called the number I was given I was directed on the phone direct to the booking page - she talked me through the internet link spelling it out. So I never actually viewed the cottage ON the northumberland cottages website - I only viewed it on the owners website which still said fuel included.

It wasn't until the booking confirmation came through the post which said £10 per bag of coal that I was alerted to the revision which took place in October 2010.

Does that mean (DVardy?) that I don't have an argument?

With this information, I would revise my opinion. It is difficult to make the case, but perhaps we are back where we started.

If your contract is with a reseller and the reseller has a separate contract with the owner, then you have no case - you are buying the reseller's product which is as described.

If your contract is with the owner, with the agent acting as agent, then you are buying the owner's product, which is misdescribed.

Your difficulty is demonstrating that your contract is with the owner rather than with the agent acting as reseller, although from this description, it is clear to me that you thought that you were dealing with the owner via an agent acting as agent.

If you are not too late, it may be worth looking at the Distance Selling Regulations and cancelling via that route. Otherwise, I think you need to start dealing with the owner direct - act on the basis that your contract is with them - and indicate that you are holding them to the contract and will take them to court if necessary.

Seanymph

thankyou for your time.

Seanymph

The owners website says;

Please contact:
Emma and Toby Tennants' agents at:
email: bbrough@nccc.demon.co.uk
Telephone - (+44) (0)1665 830783 or 830902, Fax - 830071

Which I duly did - I sent an email, it transpires this is the northumberland cottage people, you notice there is no website link, I CANNOT view the other details not including fuel from there.

You get an email back telling you to phone them - still no advice to view their website.

You phone.

They take a 'telephone booking to 'hold the cottage'' and direct you to their telephone booking confirmation page on their website at that point, to fill in and submit....... not via their main site - she talked me through it on the phone spelling it out so I went straight there - I have at this point made the booking already via the telephone from the owners website which says it includes fuel.

I fill in the telephone booking confirmation form - Which asks for 50% of the money (I pay all of it) and at the bottom says 'I have read the booking conditions and general.... under booking info and agree to be bound ............ I tick the box and hit send. After all, I've already booked it on the phone FROM THE OWNER'S SITE.

Needless to say I have now read the booking conditions;

1. Northumbria Coast and Country cottages Limited (the agent) acts as a booking agent on behalf of owners of holiday accomodation 'the owner'. The letting arrangements are made by the agent on behalf of the owner and the contractual relationship in connection with the letting will be between you and the owner. The agent is not and will at no time be party to that contract.

No contract with the owner exists until a completed booking form or web reservation form has been received and confirmation has been despatched. etc etc etc.

SO, I made the telephone booking according to the details given on the owners site; was then told it would be 'held' pending receiving my 'telephone confirmation form' and filled that in and sent it.

but it appears my 'contract' is with the 'owner' who had the website offering inclusive fuel.

does that help you to help me?