Problems with booking.com

minorman

On Wednesday we booked a 3 night stay at a hotel in Lincolnshire for next week (1st to 4th September) and paid for it our our debit card. The card payment has gone through to our account now so I don't think I can block it.  I should say that this is listed as unrefundable on their website. Before booking we read through all the rest of the visible (but limited) information and as we know the area we though all was well.   We have used booking.com before successfully but  this time it has all gone pear shaped..  No problem booking what we wanted but on the thursday we got a lengthy email from the host company manager (Greene King) advising us that for 2 out of the 3 nights they have a function suite on the floor directly below the booked room which is going to be in use until at least midnight. This means later than midnight due to departures etc.

So, we advised booking of this problem and asked for them to refund the booking cost (over £200) as they have , as the booking agent have mis informed us and the accommodation would be unsuitable.  I have emailed both Greene King and booking.com several times now but each time my emails and messages through their website seem to be blocked and marked as undeliverable.  I have just found an address in Manchester and a phone number but will either work I wonder.?  Anybody else had problems like this and is it worth going through the county court small claims process ?

la531983

Name the hotel please. 

Seems odd that every single room in the hotel is directly above the function room, the common sense procedure would be to place the rooms of guests who are attending the function directly above it. 

JGB1955

Why do you consider it unsuitable?  If it's a bedroom with a bed in, it's fit for purpose...

minorman

The email specifically says that the room allocated is above the function suite and for about 30 years of our earlier married life we lived opposite a building that was developed into a dual set of function suites.  The noise often went on until 2am and the police were often called.  Mrs M refuses because of this and because it is not fit for the purpose of getting sleep, the primary need for a bed in a bedroom for us these days !.

la531983

Have you checked Google and TripAdvisor reviews of this hotel to see if other people have actually had issues? 

Alderbank

It's far too early to be thinking about a county court claim. Court is a last resort and you are expected to go through several other steps first. Indeed those other steps might well resolve your issue.

First, you say the booking agent Booking.com mis-informed you.
That is a very specific allegation, what exactly do you mean by that?

The description will have said that the amenities at that hotel include a function suite. Can we assume that you explained that an essential requirement for you was there would be no functions booked for those nights and you made your uncancellable booking because you relied on an assurance you were given, and this was the mis-information?

RefluentBeans

Alderbank said:

It's far too early to be thinking about a county court claim. Court is a last resort and you are expected to go through several other steps first. Indeed those other steps might well resolve your issue.

First, you say the booking agent Booking.com mis-informed you.
That is a very specific allegation, what exactly do you mean by that?

The description will have said that the amenities at that hotel include a function suite. Can we assume that you explained that an essential requirement for you was there would be no functions booked for those nights and you made your uncancellable booking because you relied on an assurance you were given, and this was the mis-information?

100% agree with this. Booking a room at a pub (it seems like) and one with a function room it would be reasonable to expect that patrons will be using the function room. Additionally if it’s a pub, you sort of have to expect that people will be noise up until closing time.

As Alderbank said - if you were sold the room on the premise the function room was going to be quiet, then it’s different. But if you assumed it would be, or even called the pub to speak to them, why has Booking.com missold you?  

Pub accommodation is often cheaper than a hotel but that comes with the risk it’ll be louder, even without a function on. 

ThumbRemote

JGB1955 said:

Why do you consider it unsuitable?  If it's a bedroom with a bed in, it's fit for purpose...

Alderbank said:

It's far too early to be thinking about a county court claim. Court is a last resort and you are expected to go through several other steps first. Indeed those other steps might well resolve your issue.

First, you say the booking agent Booking.com mis-informed you.
That is a very specific allegation, what exactly do you mean by that?

The description will have said that the amenities at that hotel include a function suite. Can we assume that you explained that an essential requirement for you was there would be no functions booked for those nights and you made your uncancellable booking because you relied on an assurance you were given, and this was the mis-information?

RefluentBeans said:

Alderbank said:

It's far too early to be thinking about a county court claim. Court is a last resort and you are expected to go through several other steps first. Indeed those other steps might well resolve your issue.

First, you say the booking agent Booking.com mis-informed you.
That is a very specific allegation, what exactly do you mean by that?

The description will have said that the amenities at that hotel include a function suite. Can we assume that you explained that an essential requirement for you was there would be no functions booked for those nights and you made your uncancellable booking because you relied on an assurance you were given, and this was the mis-information?

100% agree with this. Booking a room at a pub (it seems like) and one with a function room it would be reasonable to expect that patrons will be using the function room. Additionally if it’s a pub, you sort of have to expect that people will be noise up until closing time.

As Alderbank said - if you were sold the room on the premise the function room was going to be quiet, then it’s different. But if you assumed it would be, or even called the pub to speak to them, why has Booking.com missold you?  

Pub accommodation is often cheaper than a hotel but that comes with the risk it’ll be louder, even without a function on. 

These posts demonstrate a common misunderstanding of consumer law. 

The Consumer Protection from Unfair Trading Regulations states:
A commercial practice is a misleading omission if, in its factual context ... the commercial practice omits material information ... and as a result it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

The fact there is going to be noise from the function room below is clearly material information - so much so that the premises themselves have already contacted the customer to inform them.

The retailer does not have to specify that the function room will be quiet, they specify if it's going to be noisy. This is basic common sense - they don't specify the negative. Otherwise a retailer could claim "well, we didn't say there wouldn't be a brass band conducted by an axe murderer at the foot of your bed all night."

This information has now come to light and as such the OP is entitled to a full refund. 

RefluentBeans

ThumbRemote said:

JGB1955 said:

Why do you consider it unsuitable?  If it's a bedroom with a bed in, it's fit for purpose...

Alderbank said:

It's far too early to be thinking about a county court claim. Court is a last resort and you are expected to go through several other steps first. Indeed those other steps might well resolve your issue.

First, you say the booking agent Booking.com mis-informed you.
That is a very specific allegation, what exactly do you mean by that?

The description will have said that the amenities at that hotel include a function suite. Can we assume that you explained that an essential requirement for you was there would be no functions booked for those nights and you made your uncancellable booking because you relied on an assurance you were given, and this was the mis-information?

RefluentBeans said:

Alderbank said:

It's far too early to be thinking about a county court claim. Court is a last resort and you are expected to go through several other steps first. Indeed those other steps might well resolve your issue.

First, you say the booking agent Booking.com mis-informed you.
That is a very specific allegation, what exactly do you mean by that?

The description will have said that the amenities at that hotel include a function suite. Can we assume that you explained that an essential requirement for you was there would be no functions booked for those nights and you made your uncancellable booking because you relied on an assurance you were given, and this was the mis-information?

100% agree with this. Booking a room at a pub (it seems like) and one with a function room it would be reasonable to expect that patrons will be using the function room. Additionally if it’s a pub, you sort of have to expect that people will be noise up until closing time.

As Alderbank said - if you were sold the room on the premise the function room was going to be quiet, then it’s different. But if you assumed it would be, or even called the pub to speak to them, why has Booking.com missold you?  

Pub accommodation is often cheaper than a hotel but that comes with the risk it’ll be louder, even without a function on. 

These posts demonstrate a common misunderstanding of consumer law. 

The Consumer Protection from Unfair Trading Regulations states:
A commercial practice is a misleading omission if, in its factual context ... the commercial practice omits material information ... and as a result it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

The fact there is going to be noise from the function room below is clearly material information - so much so that the premises themselves have already contacted the customer to inform them.

The retailer does not have to specify that the function room will be quiet, they specify if it's going to be noisy. This is basic common sense - they don't specify the negative. Otherwise a retailer could claim "well, we didn't say there wouldn't be a brass band conducted by an axe murderer at the foot of your bed all night."

This information has now come to light and as such the OP is entitled to a full refund. 

If your room is above a function room, you cannot expect that the function room will be empty. A reasonable person would expect that a room above a function room, in a pub, would be louder. That's not misrepresenting the room. If you stay at a pub that stays open until midnight, you can't expect silence from 10:00pm.

I think the material fact is that the room is in a pub, and that pub has a function room and the room may be above the function room. 

Of course, I may be wrong. The nature of the booking of the function room may be material - clearly, Booking.com doesn't think so, and if neither side will move, then the OP can attempt to go to court and get a judgement on that, as otherwise it's just pointless speculation. 

ThumbRemote

RefluentBeans said:

ThumbRemote said:

JGB1955 said:

Why do you consider it unsuitable?  If it's a bedroom with a bed in, it's fit for purpose...

Alderbank said:

It's far too early to be thinking about a county court claim. Court is a last resort and you are expected to go through several other steps first. Indeed those other steps might well resolve your issue.

First, you say the booking agent Booking.com mis-informed you.
That is a very specific allegation, what exactly do you mean by that?

The description will have said that the amenities at that hotel include a function suite. Can we assume that you explained that an essential requirement for you was there would be no functions booked for those nights and you made your uncancellable booking because you relied on an assurance you were given, and this was the mis-information?

RefluentBeans said:

Alderbank said:

It's far too early to be thinking about a county court claim. Court is a last resort and you are expected to go through several other steps first. Indeed those other steps might well resolve your issue.

First, you say the booking agent Booking.com mis-informed you.
That is a very specific allegation, what exactly do you mean by that?

The description will have said that the amenities at that hotel include a function suite. Can we assume that you explained that an essential requirement for you was there would be no functions booked for those nights and you made your uncancellable booking because you relied on an assurance you were given, and this was the mis-information?

100% agree with this. Booking a room at a pub (it seems like) and one with a function room it would be reasonable to expect that patrons will be using the function room. Additionally if it’s a pub, you sort of have to expect that people will be noise up until closing time.

As Alderbank said - if you were sold the room on the premise the function room was going to be quiet, then it’s different. But if you assumed it would be, or even called the pub to speak to them, why has Booking.com missold you?  

Pub accommodation is often cheaper than a hotel but that comes with the risk it’ll be louder, even without a function on. 

These posts demonstrate a common misunderstanding of consumer law. 

The Consumer Protection from Unfair Trading Regulations states:
A commercial practice is a misleading omission if, in its factual context ... the commercial practice omits material information ... and as a result it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

The fact there is going to be noise from the function room below is clearly material information - so much so that the premises themselves have already contacted the customer to inform them.

The retailer does not have to specify that the function room will be quiet, they specify if it's going to be noisy. This is basic common sense - they don't specify the negative. Otherwise a retailer could claim "well, we didn't say there wouldn't be a brass band conducted by an axe murderer at the foot of your bed all night."

This information has now come to light and as such the OP is entitled to a full refund. 

If your room is above a function room, you cannot expect that the function room will be empty. A reasonable person would expect that a room above a function room, in a pub, would be louder. That's not misrepresenting the room. If you stay at a pub that stays open until midnight, you can't expect silence from 10:00pm.

I think the material fact is that the room is in a pub, and that pub has a function room and the room may be above the function room. 

Of course, I may be wrong. The nature of the booking of the function room may be material - clearly, Booking.com doesn't think so, and if neither side will move, then the OP can attempt to go to court and get a judgement on that, as otherwise it's just pointless speculation. 

There is no indication that the booking.com page stated the room being booked was above a function room. If it made this clear then that may be sufficient information (although it implies rather than states there will be noise, so still not as clear as the law states). However I very much doubt that was stated on booking.com unless the hotel has each room listed separately. 

We don't even know that the booking.com listing stated there was even a function room on the premises. But even if they did, simply listing it as a feature of the hotel is not sufficient information, as it gives no information about the noise it may cause. 

the_lunatic_is_in_my_head

I think the question to ask here is, if it’s perfectly normal why would they contact OP to tell them? 

If it’s normal it doesn’t need to be said, or it isn’t normal and that’s why it’s been said. 

And if it’s been said what is the point of saying such unless there was an expectation the OP may wish to alter their booking?