Mis sold a holiday through groupon and jetline travel clear sky holiday

I recently purchased a mystery getaway for my partner and I through the groupon getaway site.

Upon purchasing the voucher we were asked to specify our departure location and the dates we could travel.

After processing the voucher, I was called by their merchant, Jetline travel.

The locations advertised on the groupon page were as follows:
Spain (Cities: Barcelona, Madrid, Costa Brava, Valencia, Seville)
France (City: Bordeaux)
Italy (Cities: Milan, Rome, Pisa, Venice, Florence)
Germany (City: Berlin)
Netherlands (City: Amsterdam)
Czech Republic (City: Prague)
Belgium (City: Brussels)
Latvia (City: Riga)
Poland (City: Krakow, Warsaw)
Hungary (City: Budapest)
Portugal: (City: Lisbon)

Upon receiving the phone call from Jetline travel, they said to me that the location I had been awarded in the mystery getaway was Dublin.

At the time of the phone call, I asked if I could go to another location and what they were. They replied that I could go to Amsterdam or Barcelona. It would however, cost an extra £170 to fly to these locations.

I asked them to email this over to me, however they said this was not possible as they needed to get the holiday processed.

I asked if the holiday could be cancelled and they said it was a non-refundable purchase. I did not have the extra money to pay to go to the other locations, therefore was pressured into accepting this offer.

They then gave me the flight times of the holiday, which were very poor. One being an evening flight and the return journey being at 6am.

I asked if there was better flights available, they said yes but at a supplement charge of £66. Again, being under the impression the holiday was non-refundable I was pressured into paying this.

The hotel they offered me was said to be in a city centre location of dublin with good transport to the centre. I again asked for this in email so that I could look at it before it was processed. They said this was not possible and that it needed processing at that second.

After the booking had taken place, I had paid £278 to groupon for the vouchers and £66 supplement for flight changes.

Following further investigation, I noticed that Dublin was not on the advertised list. I noticed that one of the original flight times offered did not exist. I noticed that the hotel was a 40 minute bus journey from Dublin in a business park with poor transport times.

I looked into the prices for the holiday if I was to book it separately. The return flights would have come to around £98 and the hotel around £115 in total. I have effectively been charged £344 for a holiday worth £215.

The holiday value is not representative of the voucher price, then there is insult to injury with the extra £66 charge for no apparent reason.

When I raised this issue with Groupon, I was told that I should not have been charged the extra £66 and that the merchant should not have given me Dublin as an option. They are currently escalating the issue internally but I have had no progress.

When I spoke to the merchant, they said that I will not be getting any sort of refund from them.

I am under the impression that the 'non refundable' holiday has had it's contract breached by selling me a location that was not advertised. Therefore, I have been mis sold the holiday.

Also, the holiday was not as advertised since the hotel is not near the centre as it was described. Also, the value of the holiday does not even come close to matching the value that I have paid.

If Groupon do not agree to refund me for the holiday...what position am I in for taking things further to get a refund.

If i raised the issue with the claims court, would I have a valid case and what would be my chances of getting my money back?
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Comments

  • Alan_Bowen
    Alan_Bowen Posts: 4,907 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Jetline are not unknown on these forums, and by the sounds of it, all the destinations would be offered with low cost airlines, wizz, Easyjet and Ryanair. The problem is that from what you say it was left to the operator to choose your destination, which was a big risk anyway, but they chose an even cheaper destination that was not on the list at all. At that point you should have said 'no' that is not an offer I am prepared to accept and demanded a refund from Groupon, however it seems you did accept the offer and find yourself seriously out of pocket.

    Firstly complain to ABTA as Jetline are a member, secondly if you don't want to go at all, tell Groupon you want a full refund of the voucher and expect them to force jetline to give you a refund as they won't do so voluntarily I am sure. I suspect Jetline will try and argue you agreed to everything, you need to emphasise that they told you there were no other options except for even more money and that you had to accept the offer there and then. Finally make a formal complaint to the Advertising Standards Authority, the one thing they bring to the party is publicity as they go to the press with their findings.
  • Alan_Bowen
    Alan_Bowen Posts: 4,907 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Just noticed your name, I assume we are not related!
  • Haha I don't think so :)

    When they gave me Dublin, I asked if I could change the destination. they said at a cost. I then asked about cancelling the holiday and they said "this holiday is non refundable sir".

    This put me in the position of take the offer or lose the money I paid.

    They used hard sales tactics (which are illegal) to get as much out of me as possible.

    My main issue is that my flights are due to leave Monday 3rd Nov and the problem is still in escalation with groupon. Their offices are closed on the weekend, but obviously I need to know their response before I fly on Monday.

    If I am left with no alternative to go on the holiday then I will have to go.

    I was wanting to know what position I will be in if I do not go on the holiday and they do not offer a refund. Will I stand a good chance of getting my money back if I raise it higher?

    Thanks for your advice. I will get on it ASAP.
  • callum9999
    callum9999 Posts: 4,427 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    bowena1 wrote: »
    Haha I don't think so :)

    When they gave me Dublin, I asked if I could change the destination. they said at a cost. I then asked about cancelling the holiday and they said "this holiday is non refundable sir".

    This put me in the position of take the offer or lose the money I paid.

    They used hard sales tactics (which are illegal) to get as much out of me as possible.

    My main issue is that my flights are due to leave Monday 3rd Nov and the problem is still in escalation with groupon. Their offices are closed on the weekend, but obviously I need to know their response before I fly on Monday.

    If I am left with no alternative to go on the holiday then I will have to go.

    I was wanting to know what position I will be in if I do not go on the holiday and they do not offer a refund. Will I stand a good chance of getting my money back if I raise it higher?

    Thanks for your advice. I will get on it ASAP.

    You didn't get what you paid for so you are under no obligation to accept it. If you take the trip on Monday then you'll probably forfeit all rights to complain.

    Follow the good advice above, and requesting a chargeback from your bank for not getting what you paid for could be an option if they fail.
  • bagand96
    bagand96 Posts: 6,445 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Was it this deal you bought? http://www.groupon.co.uk/deals/groupon-getaways/mystery-getaway/46956528

    I'd get screen prints of the page, and the "fine print" page if I were you.

    The deal specifically states "Intrepid jetsetters will be whisked off to explore one of 20 European destinations with Clear Sky Holidays. " It then lists the 20 destinations and Dublin is definitely not there, so you'd have a good case against Groupon/Jetline.

    Try and speak to Groupon ASAP on Monday, but as another poster states, by going you may forfeit any chance of getting your money back.
  • mum2one
    mum2one Posts: 16,279 Forumite
    Xmas Saver!
    the one part that "jumped out at me"

    "Potential Locations"
    Spain (Cities: Barcelona, Madrid, Costa Brava, Valencia, Seville)
    France (City: Bordeaux)
    Italy (Cities: Milan, Rome, Pisa, Venice, Florence)
    Germany (City: Berlin)
    Netherlands (City: Amsterdam)
    Czech Republic (City: Prague)
    Belgium (City: Brussels)
    Latvia (City: Riga)
    Poland (City: Krakow, Warsaw)
    Hungary (City: Budapest)
    Portugal: (City: Lisbon)

    it looks as thou this is a suggestive list, as its not def where you would end up, I havent looked at the fine print.
    xx rip dad... we had our ups and downs but we’re always be family xx
  • bagand96
    bagand96 Posts: 6,445 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    the one part that "jumped out at me"

    I wondered about the use of "Potential." However I think it's surely used in the context that it's a mystery deal and here's the potential detinations.

    The deal states "one of 20" destinations and there are 20 listed so I don't see how they can suddenly send you to Dublin? Unless if course it had a disclaimer like destinations subject to change but I don't think I can see that.
  • callum9999
    callum9999 Posts: 4,427 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    bagand96 wrote: »
    I wondered about the use of "Potential." However I think it's surely used in the context that it's a mystery deal and here's the potential detinations.

    The deal states "one of 20" destinations and there are 20 listed so I don't see how they can suddenly send you to Dublin? Unless if course it had a disclaimer like destinations subject to change but I don't think I can see that.

    I thought the same thing when I read "potential", but as you say it says there are 20 options then lists 20 cities. There's nothing in the fine print either that would let them choose another city.

    Groupon customer service is generally very good. I can't see them refusing a refund if the facts are clearly explained to them as above.
  • Yes this was the deal.

    I'm going to take all your advice. Thanks very much.

    I'll not be going on the holiday on Monday.

    If they do not agree to a refund then I will report to the ABTA and the ASA. If I get no further then I will try the chargeback from HSBC. If this fails I will take them to claims court and seek the advice of watchdog etc.
  • TBeckett100
    TBeckett100 Posts: 4,732 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Cashback Cashier
    The website also says

    Once the booking has been confirmed, you will not be able to change it or get a refund

    You asked for a refund before it was confirmed didn't you? Did you pay by credit card? You may have a claim
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