Onthebeach hotel refund Urgent help needed

dezg

Hi All, 

Hoping someone can help me urgently

I purchased a packaged holiday with OTB, when I booked the holiday the hotel I selected had a description box which said that there are no cancellation fees if I cancel 28 days before travel.

Upon receiving my holiday confirmation I realised I had been significantly overcharged on the hotel portion of my holiday and could get cheaper direct from the hotel and even cheaper from other agents online.

So I asked Onthebeach about cancelling my hotel and they have now come back and said that there supplier said the rooms are non-refundable, and that is that...  Even though one of the suppliers is on the beach beds Ltd (same group), one of the rooms is with Hotelbeds PTE (2 rooms total).

I have effectively paid for the flights with my initial deposit and the hotel part is still outstanding.  If I don't pay for the hotel within the next 7 days I feel like I could be at risk of OTB cancelling my whole holiday so need some advice as to where I stand if they continue to refuse to honour the advertised deal which said that the hotel can be cancelled 28 days before travel without cancellation fees.

Can I do a chargeback or section 75 on the basis of what was advertised after paying the full amount to ensure my holiday doesn't get cancelled for non payment?

I feel like they would try to wriggle on the terms and conditions but as a simple consumer it seems it would be unfair to be able to advertise something as one thing and then do something completely opposite in the terms and conditions i.e. say something is cancellable but say no it isn't really in the T&Cs.

Thanks in advance.

elsien

You’ve booked a package through on the beach. It’s OTB terms and condition that you need to go by. 

You don’t have any grounds for a chargeback because that’s for when the service isn’t being offered, and your hotel is sitting there ready and waiting. Change of mind isn’t covered by S75.

Which hotel is it? 

dezg

So just to check,

You are saying  that I have no recourse over changing my mind, even though when I booked the package OTB advertised the hotel selected can be cancelled without fees if done 28 days before travel, because they might have something which contradicts this in the terms and conditions, it doesn't actually say it can't be cancelled, just that it is per the suppliers terms and conditions which I don't actually get or see at booking so can only rely on the advertisement given by OTB which said the hotel can be cancelled without any fees.  Hotel is Avista Thailand. 

mr_stripey

I had a look on the site and it does indeed say "Free Cancellation" whilst referencing T&C's which then seem to basically infer anything but free cancellation and is all dependent on the hotel T&C's 

I would say definitely a bit misleading(although probably legal no doubt!)

dezg

Also for further context.

Tried to post a link to show but to new so copy and paste will have to do.

If you scroll down to the bottom of the screen when booking (most hotels in Thailand from what I can see) you will see that it says

Free cancellation on this hotel 

If you cancel your hotel stay more than 28 days before you travel you won't pay any cancellation fees for this part of the booking. On the Beach administration fees will apply and cancellation fees may apply to the flight element of your booking, please see T&Cs for more information.

I see nothing in the T&C  which explicitly contradicts this.

e.g. under hotels it says

Non-Refundable Rooms

If you book a non- refundable room you will not be able to cancel nor amend your booking and no refund will be available. Deposit payment options are not available on bookings which include non- refundable rooms. Full payment is required at the time of the booking.

However I haven't booked a non-refundable room and haven't been provided with anything to suggest that the hotel I booked was in fact non-cancellable per what I initially agreed to when booking.

mr_stripey

dezg said:

Also for further context.

Tried to post a link to show but to new so copy and paste will have to do.

If you scroll down to the bottom of the screen when booking (most hotels in Thailand from what I can see) you will see that it says

Free cancellation on this hotel 

If you cancel your hotel stay more than 28 days before you travel you won't pay any cancellation fees for this part of the booking. On the Beach administration fees will apply and cancellation fees may apply to the flight element of your booking, please see T&Cs for more information.

I see nothing in the T&C  which explicitly contradicts this.

e.g. under hotels it says

Non-Refundable Rooms

If you book a non- refundable room you will not be able to cancel nor amend your booking and no refund will be available. Deposit payment options are not available on bookings which include non- refundable rooms. Full payment is required at the time of the booking.

However I haven't booked a non-refundable room and haven't been provided with anything to suggest that the hotel I booked was in fact non-cancellable per what I initially agreed to when booking.

10. Changes and Cancellations by You

Any cancellation or amendment request must be submitted through 'My Booking'. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Travel Arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their terms and conditions (which may be as much as 100% of the cost of the Travel Arrangements and will normally increase closer to the date of departure). In addition, you must pay us an amendment/cancellation fee as set out in the table below in consideration for us processing the amendment or cancellation request. We will notify you of the exact charges at the time of amendment or cancellation.

Please note:

- Some Supplier/Principals do not allow changes and therefore full cancellation charges will apply;

mr_stripey

sorry - was struggling to copy / paste from the T&C's and distinguish my comments in the post, but the formatting didn't work so removed my comment.

But I think they probably cover it in the above section.

dezg

Please note:

- Some Supplier/Principals do not allow changes and therefore full cancellation charges will apply;

Yes, no worries, I thought that might be the term they might be trying to rely on

However that would be in direct contradiction to what was advertised.  I.e. if OTB have suppliers which won't allow changes for a hotel then the hotel shouldn't be advertised as being free to cancel.  There isn't a any caveat in the offer which would suggest that if booking this hotel it wouldn't actually be non-cancellable.

How coincidental is it that the hotel is offered as being cancellable but both suppliers including a On The Beach Company say that it isn't?  Seems like a false advertisement when two different suppliers are now saying the same thing. 

stoneman

OTB can not get out of offering free cancellation by saying that some hotels don't offer it. At what point do you get to see the T&C's of the hotel? Before/during the booking process or after you have booked ? Whats the name of the hotel and I'll have a look.

mr_stripey

stoneman said:

OTB can not get out of offering free cancellation by saying that some hotels don't offer it. At what point do you get to see the T&C's of the hotel? Before/during the booking process or after you have booked ? Whats the name of the hotel and I'll have a look.

OP quoted it earlier
Hotel is Avista Thailand. 

dezg

stoneman said:

OTB can not get out of offering free cancellation by saying that some hotels don't offer it. At what point do you get to see the T&C's of the hotel? Before/during the booking process or after you have booked ? Whats the name of the hotel and I'll have a look.

Think my last post on it might not have been enough detail.  Avista Resort and Spa, i think the official name is Novotel Phuket Kata Avista Resort and Spa.

As far as I can tell i never get to see the terms and conditions of the supplier who is supplying the rooms to them.. So the only thing i have to go on is them saying the hotel can be cancelled.

thank you.