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online holiday refund difficulties

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I'd be grateful if anyone can advise if I have any rights regarding this please. It was only booked on 22/01/12 and have just received a disappointing and fairly abrupt reply. (see complaint & response below)



My mother-in-law booked a holiday yesterday evening ref XXXXX - Lead passanger XXXXX. However, after she told me, I decided to look into the hotel in more detail. After reading the description of the hotel on your website, which gave the hotel 5/5 and comparing it with reviews and pictures on tripadvisor, the descriptions couldn't have been further apart! Had the reviews been similar or even a fraction fair and reflective of the hotel, then she would not have booked it. She was also led to believe that she had paid £98.00 deposit, but looking at the 'manage my boooking' it appears this is per passenger and not the total. She tried to cancel the holiday within 30 mins of booking it, however she was unable to access manage my booking as no email confirmation had been sent! I have tried to cancel now as I beleive it does not meed the trade desciptions act, distance selling regulations and provision of services. I hope that this can be resolved amicably, as they may eventually choose another holiday with yourselves if a full refund is provided. I have also tried to select cancel on manage my booking today without success. I would be grateful if you could resolve this asap please. Regards


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Hello
The reviews on our website have been created by passengers who have been to the hotel and therefore these our the opinions of the guests such as tripadvisor is the opinions of others guests. We do give you details of the hotel description as per the hotel supplier to give you more details of the hotel as well as the opinions of other guests. If you do believe the hotel not to be of the standard you require you can please a hotel change request via the manage your booking section of our website. Regarding the deposit we do fully make you aware of the full amount including surcharges to make the booking before any card details are taken. Below are the charges for cancellation
We have received your request to cancel your holiday. To cancel your holiday at this stage will result in the charges detailed below (all charges are subject to change)...
£710.30 Loss of Flights Deposit:
£00.00 Loss of Hotel Deposit:
£120.00 On The Beach Cancellation Charge (Service Fee @ £30.00pp)
£66.44 Loss of Transfer/Ancillaries Deposit
£896.74 Total Cancellation Charges
£390.00 Amount Paid
£506.74 Balance Due
Please REPLY to confirm you accept the charges and wish to proceed with your cancellation. If we do not receive a WRITTEN RESPONSE to confirm your acceptance of the charges the booking will remain active and live.

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    She will have agreed to their ts + cs before completing the booking, so they are right in their reply.

    If there is a problem with the holiday when they take it, then they will have to follow the remedy for that at the time.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You mention Distance Selling Regulations.

    Please note that the DSRs do not allow you to cancel hotel accomodation.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Holidays are not covered under DSR, so you are not entitled to a full refund 30mins, 1 day, 1 week after booking.

    However, they are saying you can change to hotel if you want, which is more than reasonable. Why can your MIL not do that?

    libbyjade wrote: »
    If you do believe the hotel not to be of the standard you require you can please a hotel change request via the manage your booking section of our website.


    Hotel reviews are subjective and would not be a reason for a full refund before you travel unless perhaps if they have put the wrong description and photos against the hotel.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • libbyjade
    libbyjade Posts: 180 Forumite
    Thanks all - given a refund is unlikely then, we may have to look at a change of hotel.

    Is there is not any laws reagrding only publishing positive reviews about a hotel giving the impression everyone has loved it and great value?

    When in fact, the likes of trip advisor had 2 or 3 positive reviews and another 50+ saying hotel from hell, should be shut down etc.

    I appreciate every review is an individual person with different likes & dislikes, but surely even the travel agent should be including some negative ones as well as just positive ones.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How can you prove the travel agent has received negative reviews?
    Accept your past without regret, handle your present with confidence and face your future without fear
  • stugib
    stugib Posts: 2,602 Forumite
    1,000 Posts Combo Breaker
    libbyjade wrote: »
    Is there is not any laws reagrding only publishing positive reviews about a hotel giving the impression everyone has loved it and great value?

    They're there to sell something, not be a review site. Just like if you go to the website of a movie, or a car manufacturer you wouldn't expect to see "Poor plot and weak performances" or "head gasket went after 1000 miles".
  • pinkshoes
    pinkshoes Posts: 20,535 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I'd just request a change of hotel, and if they can't do that and the hotel is nothing like it should be, then complain like merry hell, kick up a HUGE fuss, inform the agent, demand being moved etc...
    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!)
  • jolfc
    jolfc Posts: 446 Forumite
    Part of the Furniture 100 Posts
    are you able to tell us what hotel it is and where it is, someone may have been there that reads your thread and give you a review. :)
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    libbyjade wrote: »
    When in fact, the likes of trip advisor had 2 or 3 positive reviews and another 50+ saying hotel from hell, should be shut down etc.
    It is pretty common to find that sort of ratio on trip advisor.

    Most people will only write a review if they have something to complain about.
    Many people simply will not bother to write a good review.
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