Acknowledgement of service - Hoseasons

unholyangel

steampowered wrote: »

Yes that is true in technical legal terms. However in the real world people use the word 'agent' in a less precise way.

Typically when you buy a holiday from a package/tour travel operator (who a lay-person might refer to as a travel agent), your contract is with the holiday operator rather than with the underlying hotel/caravan park.

Worth the Op checking their paperwork though.

Anyway, that's all academic if Hoseasons fails to raise the point in their Defence. The Op has issued the claim, so it is now a waiting game to see if Hoseasons defend and if so on what basis.

A travel agent is an agent in the legal sense. A tour operator is something completely different (they're the holiday/service provider).

I do appreciate there can be confusion due to them sometimes being of the same brand name though. For example I think thomas cook and thomson/tui are both a tour operator and a travel agent (and is made up of dozens of companies who share the same brand name).

steampowered

unholyangel wrote: »

A travel agent is an agent in the legal sense. A tour operator is something completely different (they're the holiday/service provider).

I do appreciate there can be confusion due to them sometimes being of the same brand name though. For example I think thomas cook and thomson/tui are both a tour operator and a travel agent (and is made up of dozens of companies who share the same brand name).

This is an area where everyday language does not always match legal dogma, so one has to take a common sense approach.

People will often describe companies like Tui Travel as travel agents, even though they might not always be acting as agents in the technical legal meaning of the word.

I would also add that your statement of "You don't have a contract with an agent unless they are acting as an agent for you" is not quite accurate. This is only true in the case of disclosed agency arrangements. Agents are liable to third parties in undisclosed agency arrangements - if the travel agent does not clearly disclose the identity of the person the third party is contracting with before the third party enters the contract (for example by stating the name of the principal on an invoice), the agent is directly liable to the third party.

deanos

Hoseasons web page, you may want to take a screenshot

http://www.hoseasons.co.uk/holiday-parks/riverside-holiday-village-purn

Formerly Purn Holiday Park and ideally located just 5 minutes’ drive from the popular tourist destination of Weston-Super-Mare, Riverside Holiday Village sits in the greenbelt landscape of Bleadon and unites a tranquil setting with superb facilities. A perfect retreat for a traditional family holiday.

The glorious local surroundings host an array of attractions ranging from sleepy market towns to sandy beaches and lively seaside resorts.

Google maps to show proximity of A road, it does not look at all like an industrial estate to me

https://www.google.co.uk/maps/place/Riverside+Holiday+Park/@51.306953,-2.9595773,541m/data=!3m1!1e3!4m5!3m4!1s0x4872026da90a166d:0x93aee2eece68118b!8m2!3d51.3069719!4d-2.9592683?dcr=0


Traffic count data for area: (approx 3 miles from where you were but same road), looks like 12,000 vehicles per day

http://api.dft.gov.uk/v3/trafficcounts/countpoint/id/8074.csv

Marco84

12,000 cars and heavy goods is not very tranquil, plus next to the park's main road as well. Granted it looks nice from google maps, especially the rear of the park.

The whole agent thing is really confusing, I found on hoseasons site
"When you book a property with us
acting as agents for the owner or arrange any
travel or other services through us, you are
entering directly into a contract with the owner
or the service provider"

Yet when I requested a partial refund from Riverside they said Hoseasons will be in contact