Not what was advertised

NAS1976

Back in February we booked a week in a hotel in Dorset via Expedia, where we visited last week.  This was way before the virus restrictions were even thought of.  However, the hotel we chose was based on the facilities that is had available such as a spa, sauna, gym etc.  Due to the lifting of certain restrictions leisure centres and hotels would be allowed to reopen such facilities, however the hotel we stayed at didn't do this.  As a side point, the previous week to Dorset we were in Devon in another hotel which did make its indoor facilities available which Covid provisioning in place.

On arrival at the hotel in Dorset we were told that none of the facilities would be available at all apart from the outdoor pool.  I asked whether a partial refund would be made but they said they didn't usually do that and because we had booked via Expedia we would have to refer it to them, they also said that the spa had been closed from the end of last year anyway due to refurbishment and no date had been set to reopen it, therefore had here been no virus one aspect of the hotel that swayed my choice may not have been available despite it being advertised on Expedia.  The hotel said they have no control on how Expedia (or other 3rd parties) advertise them, which I find quite mind boggling.

In a nutshell the hotel do not want anything to do with my complaint and I must raise it with Expedia, however I cannot find what my rights would be in this particular case.  Expedia still advertise the hotel with a spa in its overview but doesn't go in to detail.  I also now have to proof of what the listing showed in February as I only have the basic details in my itinerary email.

What should I do in this case?  Thanks in advance.

Westin

The unnamed hotel is I feel being somewhat disingenuous with the truth.

Whilst you booked with Expedia it is the hotel that took the decisions on what facilities they would operate and it is the hotel that could determine if they will offer a gesture of goodwill on the rate given that some facilities are not available.  They may need to have Expedia process the part refund but the authority to do so is down to the hotel.

The hotel, or a third party supplier is providing the description copy to Expedia. If the hotelier has a commercial agreement with Expedia then the hotelier has an obligation to check that the information is factually correct and true.  The hotelier also has an obligation to inform the booking agent if some facilities has been withdrawn (like the spa) so that they can inform the customer.

I think you have been given the brush off by the hotelier. 

If you remain unhappy then I would contact the hotel management to give them an opportunity to make recompense. If still unhappy I would leave a short factual review of your experience on Trip Advisor.  

macman

The OP has no contract with the hotel, they owe them nothing. Any grievance must be resolved through Expedia, whom I suspect will have a clause in their t&c's stating that facilities cannot be guaranteed to all be operating, and are at the discretion of the hotel.

Westin

Expedia seem to say otherwise -

“Expedia, Inc. operates the Website which acts as an interface between you and the various Travel Service Providers offering the Services.  When you make a booking for a Service using the Website, you will be entering into a contract with the relevant Travel Service Providers for that Service.”

‘Travel Service Provider’ means the provider who makes the Services available - for example an accommodation provider, airline, car hire company, tour operator, Expedia Travel, activities provider and/or rail company.

https://www.expedia.co.uk/lp/lg-general-booking-conditions

[Deleted User]

Such is the nature of these unprecedented times.  Before you went you must have been aware there was a chance that certain facilities would be unavailable?   

We have just come back from a large family holiday to a place we have visited annually since 2002   Certain restrictions but we adjusted our expectations and had a fabulous time anyway.  People have to be realistic in this strange time.  You can sit and moan or be determined to enjoy it in a different way.  We went fishing in lakes, crabbing on beaches, had meals out.  All perfectly enjoyable. No gym and spa but it is what it is.   Improvise!  

bagand96

Just because hotels are allowed to open certain indoor facilities it doesn't mean they have to.  Just because a hotel in Devon made it's facilities available, it doesn't mean a different hotel in Dorset should, will, or even can.  Each venue will have to do a risk assessment of their facilities  and establish if it is possible and practical to operate them in a safe manner.  Your hotel must have come to the conclusion it can't.

I agree to Tedber, everyone has got to adjust their expectations in the current climate.  Everything is different and everyone is struggling, be that individuals who just want to get a holiday, or businesses that are struggling to establish how they can carry on with the "new normal".  We all have to manage our expectations and adapt.

Westin offers good advice, get back in touch with the hotel management to see if they will offer you any sort of goodwill gesture.  It won't hurt to log a complaint with Expedia in parallel - but again I wouldn't expect much.

You may have a stronger angle with a Spa being closed which is not Covid related.  Was it definitely not notified on Expedia? Was it notified on the hotel's own website?

Thrugelmir

Was the booking made on a refundable or no refundable basis ?  The Hotel T&C's will most certainly have caveats. As there'll be many things outside of their direct control. .

NAS1976

Thanks for the responses.  I accept that Covid has changed people's expectations, and I wasn't expecting all facilities to be available due to the virus, however my grievance stemmed from me commenting to a member of staff about how come the indoor facilities including the spa not been made ready since they had the green light to do so from the government from 25th July.  That member of staff said that the spa had closed last year at some point and had never reopened before lock down; I raised this with reception staff who confirmed it but they were unable to tell me whether it was ever planned to be reopened virus or no virus.

Back in the first week of February when we made the decision to have a second holiday directly following on from our Devon trip we based our decision on the availability of the spa, however unknown to us the spa was closed at that time.  In fact the Expedia listing of the hotel still lists the spa as one of the facilities.  Who's at fault for this?  I think the hotel is responsible for ensuring that third party websites are informed of any changes but the hotel told me that they don't control what Expedia put, which I think is horse-manure to put it mildly.

To answer the final reply yesterday, we did book it on a non-refundable basis, however I entered into a contract based on the information provided to me by Expedia, if that information is incorrect I couldn't make an informed decision.  Had I known in February that the spa not been available I most probably would have selected another hotel.

[Deleted User]

Going back to your original question “what should I do in this case?”    Lodge a complaint to Expedia and the hotel and put your experience on trip advisor The hotel may just offer you a free meal or something for future booking and may remove the Spa facility in advertising or get a move on fixing it?  

If you are looking for a refund i think your only course of action would be to file in small claims court for “misrepresentation” although as you continued to stay at the hotel, it is questionable about what proportion of the cost would be attributed to loss of enjoyment.  I assume the rest of hotel was of a decent standard?  

Personally I think the only way you could get a refund from anyone is if you turned up to a filthy flea ridden hotel and were given a cupboard to sleep in.    Even then it would be a fight - you have seen Holidays from H*ll?     You would have needed to have left the hotel immediately also etc 

Lastly Maybe you could name the hotel here so non of us make same mistake?   😄

NAS1976

The hotel was fine enough otherwise, it certainly wasn't a hotel from hell but a bit more expensive than I would have otherwise have booked, my issue is that with the full facts at the outset I would have not chosen this particular hotel and saved myself a few hundred by booking another, as I had done this before the virus had made any significant impact in Europe at that stage.  I checked my booking, I made it on the 10th February.  

I get the impression from other TripAdvisor comments that the management is a bit on the cold side, I certainly thought that the reception staff I had spoken to were cold and uncaring in general.  I doubt that I would get anywhere with it anyway based on the answers that have been kindly entered above.