Hotel cancellation

HollyGolightly

Husband and I recently had a city break to a European city booked through Opodo. On arriving at the hotel, we were told there was no booking in our name. After two hours on the phone to Opodo, receiving no help whatsoever, we sought alternative accommodation at our own expense. On return to UK we managed to gain a refund of the original cost but we are not happy with the customer service as a significant part of our trip was wasted trying to resolve the situation and we had to book a lower grade hotel as costs had skyrocketed since we originally booked. Am I unreasonable in arguing for further compensation? Opodo seem to think the situation is resolved as we have received a refund.

powerful_Rogue

HollyGolightly said:

Husband and I recently had a city break to a European city booked through Opodo. On arriving at the hotel, we were told there was no booking in our name. After two hours on the phone to Opodo, receiving no help whatsoever, we sought alternative accommodation at our own expense. On return to UK we managed to gain a refund of the original cost but we are not happy with the customer service as a significant part of our trip was wasted trying to resolve the situation and we had to book a lower grade hotel as costs had skyrocketed since we originally booked. Am I unreasonable in arguing for further compensation? Opodo seem to think the situation is resolved as we have received a refund.

The issue whether you rightly or wrongly should be compensated could be negated by that fact that if you wanted to instigate legal proceedings it would be under Spanish law and at a court in Spain.

Alderbank

What you are entitled to under both UK and Spanish consumer law is a full refund, which you have received.

No harm though in asking politely for something extra for the inconvenience. If they hope to retain your custom they might offer a discount on your next booking.

the_lunatic_is_in_my_head

Hello OP

As above Opodo are registered in Spain.

They say they only handle the booking and the contract for the accommodation is directly with the hotel so you'd have to establish who caused the issue.

In the UK you claim loss of enjoyment for leisure activities such as holidays but I'm not sure about in Spain. 

No harm in asking but establishing what you may be entitled to and how to enforce that would probably require expertise beyond the forum here  

HollyGolightly

Thank you for your comments. It most certainly was Opodo at fault but I won’t bore you with details here. Their customer service certainly leaves something to be desired but I’m not sure I need a Spanish court case. Chalked up to experience!

tightauldgit

Opodo are Spanish owned but they do appear to have a UK office address - not sure if that would open up any avenues to pursue it. 26-28 HAMMERSMITH GROVE, LONDON, Greater London, W6 7BA

DullGreyGuy

tightauldgit said:

Opodo are Spanish owned but they do appear to have a UK office address - not sure if that would open up any avenues to pursue it. 26-28 HAMMERSMITH GROVE, LONDON, Greater London, W6 7BA

Clause 9 of their T&Cs says they are under spanish law and jurisdiction of the spanish courts. In theory you could issue proceedings in Spain against their UK address but it'd be a bit pointless and may add extra complexity in the court process trying to include an overseas defendant. 

tightauldgit

DullGreyGuy said:

tightauldgit said:

Opodo are Spanish owned but they do appear to have a UK office address - not sure if that would open up any avenues to pursue it. 26-28 HAMMERSMITH GROVE, LONDON, Greater London, W6 7BA

Clause 9 of their T&Cs says they are under spanish law and jurisdiction of the spanish courts. In theory you could issue proceedings in Spain against their UK address but it'd be a bit pointless and may add extra complexity in the court process trying to include an overseas defendant. 

May or may not be helpful but it also says "You will additionally enjoy the protection afforded to you by the mandatory provisions of consumer laws of your country of residence (“Mandatory Provisions”) and may also bring proceedings in respect of enforcement of relevant applicable Mandatory Provisions in the courts of the country in which You are domiciled"

Then again the mandatory provisions of the CRA would only entitle you to a refund which they've already gotten I suppose. Just maybe useful for future reference.