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holiday miss selling?

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Today my 19 yr old daughter went to the travel agents and booked a holiday to the Dominican Republic for this July. When she went to book her holiday she did not know where she wanted to go so at the suggestion of the travel agent she booked this holiday unaware that it would be hurricane season. She now no-longer wishes to go there, is she within her rights to swap to a different destination?
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  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Today my 19 yr old daughter went to the travel agents and booked a holiday to the Dominican Republic for this July. When she went to book her holiday she did not know where she wanted to go so at the suggestion of the travel agent she booked this holiday unaware that it would be hurricane season. She now no-longer wishes to go there, is she within her rights to swap to a different destination?
    As it sound like your daughter made her booking on the travel agents premises, I would suggest that she has no rights to do that.

    Why not suggest to your daughter that she speaks to the travel agent about her concerns.

    You might get a better answer on the Overseas Holidays board.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    booked this holiday unaware that it would be hurricane season.

    Great for wind surfing.

    Anyway hurricane season is more prevalent September to November.
  • How on earth is this miss selling?

    The Dominican Republic only gets hit by hurricanes about once every 5 years and that's not full on it even includes brushes by the outer edges of the storms which is no worse than a wet & windy day in the UK. The last major hurricane there was in 1998 & as others have said September is the peak month anyway for something that only happens to them one in 5 years!
  • mije1983
    mije1983 Posts: 3,665 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Name Dropper
    Today my 19 yr old daughter went to the travel agents and booked a holiday to the Dominican Republic for this July. When she went to book her holiday she did not know where she wanted to go so at the suggestion of the travel agent she booked this holiday unaware that it would be hurricane season. She now no-longer wishes to go there, is she within her rights to swap to a different destination?


    If she doesn't want to go I will take her place :D

    As said above, this isn't mis-selling in any way unless your daughter either said she didn't want to go to the Dominican Republic or she doesn't want to go anywhere that has ever had hurricanes.

    She can speak to the travel agent as suggested but they are under no obligation to do anything for her unless they have an advertised refund policy which allows for a customers change of mind.
  • teddypompom
    teddypompom Posts: 5 Forumite
    edited 23 February 2015 at 10:35AM
    Is it not mis-selling in the sense that should she have been made aware of this she would not of even booked to go there? Yes the odds of hurricane are low but she was not given that choice. Also she had no idea where she wanted to go and it was on their suggestion she booked it. Surely they have some responsibility?
  • Caz3121
    Caz3121 Posts: 15,833 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 22 February 2015 at 7:56AM
    Is it not mis-selling in the sense that should she have been made aware of this she would not of even booked to go there? Yes the odds of hurricane are low but she was not given that choice. Also she had no idea where she wanted to go and it was on their suggestion she booked it. Surely they have some responsibility?

    been made aware of what - that there was a major hurricane there 17 years ago?
    Did she specifically state she wanted to avoid anywhere that has ever had a hurricane or specifically ask questions about hurricanes?
    What did she ask for? hot weather, all inclusive? does what she bought not fit that?
    Unless she asked specific questions and was given incorrect answers I cannot see what mis-selling there could be...Is she not taking any responsibility herself for not doing any homework before going to the travel agent and not asking the correct questions for something that was a make or break for her re the location decision?
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is it not mis-selling in the sense that should she have been made aware of this she would not of even booked to go there? Yes the odds of hurricane are low but she was not given that choice. Also she had no idea where she wanted to go and it was on their suggestion she booked it. Surely they have some responsibility?

    It MAY breach consumer protection from unfair trading - a practice can be unfair by action or omission if it misleads/is likely to mislead the average consumer and they would take a different decision as a result.

    However, imo....it wouldnt. Plenty of people still book during that season. As already mentioned, the high hurricane season is sept-nov. More to the point, hurricanes over land are considered somewhat a phenomenon.

    As someone who's experienced several in her life when abroad, its generally not even as bad as scotlands gale season - they do obviously vary in size/severity, but thankfully the really bad ones are rarer.

    Theres nothing stopping her approaching the travel agent or tour operator and explaining things though.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Where have I stated that she wants compensation!??! And how do you know that she didn't thank them for their help at the time? All I have asked is, is she in her rights to ask them to swap the holiday. Since posting I have been advised that she is well within her legal rights to do so as a key piece of information that would affect the decision of purchase on a holiday which they recommended and advised upon was not supplied.
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    Where have I stated that she wants compensation!??! And how do you know that she didn't thank them for their help at the time? All I have asked is, is she in her rights to ask them to swap the holiday. Since posting I have been advised that she is well within her legal rights to do so as a key piece of information that would affect the decision of purchase on a holiday which they recommended and advised upon was not supplied.

    That key bit of information being there may be a hurricane but there more than likely will not? If you base your holiday on that reasoning you'd be best to stay at home!
  • TonyMMM
    TonyMMM Posts: 3,423 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The whole Caribbean is subject to hurricanes, July is not the peak season but it will always be a possibility.

    By your reasoning, anyone going to Italy/Greece should be warned about earthquakes and volcanic eruptions before being allowed to book a holiday.

    No she is not within her rights to have the holiday swapped.
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