Travel Agent confirmed a hotel booking but didnt book it ! - what are my rights

Dellboi

I booked hotel accomodation with an online travel agent in May-12 for a stay in Nov-23 (6 months in advance). The travel agent uses a 3rd party supplier to make the booking with hotels.
I paid the balance in full to the travel agent in Oct-23, as requested, and received confirmation of the booking and a hotel voucher after payment was made.

I arrived at the hotel in Nov-23 and presented my hotel voucher at check in as instructed. The hotel had no record of a booking for me.

After a bit of investigation, the hotel manager advised that they had declined the booking with the 3rd party supplier straight away in May-23, as the rates the 3rd party supplier were selling the accomodation online for were not the contracted rates. An email was shown to me by the hotel manager as proof of this.

The travel agent or their 3rd party supplier failed to contact me and advise me of this in the 6 months between making the booking and trying to check in at the hotel.

I contacted the travel agent helpdesk who I had booked with to explain there was no booking for me. The travel agant was still adamant the booking was confirmed and active. They said they would contact their 3rd party supplier and phone me back within an hour, which they did. Conveinently the 3rd party supplier was I.T. issues so could not advsie the travel agent what had happened. The travel agent said they could not help me unitl their 3rd party supplier had advised what had happened, they would phone me back within the hour.

Eight hours later at 9.30pm the travel agent phoned me back to say the booking had only recently been cancelled as their was no longer any availabilty.....which was a lie. I corrected the travel agent and stated that I had email proof the booking had been declined by the hotel to the 3rd party supplier 6 months ago and there was also still availabilty now at the hotel.

The travel agent did say they would try and get alternative accomodation for me, but I explained that as I had not been contacted in the past 8 hrs and it was now 9.30pm local time, I felt I had no option left but to pay the original hotel directly to get a room.

As this was on the day the hotel current rack rate was in excess of what I had already paid to the travel agent. The agent said this was ok and would seek reimbursement of the additional money I had paid plus compensation from their 3rd party supplier.

I am now back in he UK, 1 week has passed and the situation has still not been resolved. The travel agent has advised that their 3rd party supplier will only reimburse my original payment to them (£220) and not the additional money I paid the hotel (£600) 

The travel agent T&C's state that ;

"Please note in relation to all bookings: - It is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.” 

"We will inform you of any changes or cancellations to arrangements we have sold you as agent for other suppliers as soon as reasonably possible"

"If the arrangements are available but not at the price quoted, we will contact you by telephone or by email to give you the option to purchase the arrangements at the revised priced.”

The travel agent / 3rd aprty supplier have both been negligent and failed to be compliant with the terms of the agreed contract between us, which is binding once paments have been made in full.

What know what my rights are to get reimbursed the additional £600 that I have had to pay ?

Grumpy_chap

Dellboi said:

I booked hotel accomodation with an online travel agent in May-12 for a stay in Nov-23 (6 months in advance). The travel agent uses a 3rd party supplier to make the booking with hotels.
I paid the balance in full to the travel agent in Oct-23, as requested, and received confirmation of the booking and a hotel voucher after payment was made.

I arrived at the hotel in Nov-23 and presented my hotel voucher at check in as instructed. The hotel had no record of a booking for me.

After a bit of investigation, the hotel manager advised that they had declined the booking with the 3rd party supplier straight away in May-23, as the rates the 3rd party supplier were selling the accomodation online for were not the contracted rates. An email was shown to me by the hotel manager as proof of this.

The travel agent or their 3rd party supplier failed to contact me and advise me of this in the 6 months between making the booking and trying to check in at the hotel.

I contacted the travel agent helpdesk who I had booked with to explain there was no booking for me. The travel agant was still adamant the booking was confirmed and active. They said they would contact their 3rd party supplier and phone me back within an hour, which they did. Conveinently the 3rd party supplier was I.T. issues so could not advsie the travel agent what had happened. The travel agent said they could not help me unitl their 3rd party supplier had advised what had happened, they would phone me back within the hour.

Eight hours later at 9.30pm the travel agent phoned me back to say the booking had only recently been cancelled as their was no longer any availabilty.....which was a lie. I corrected the travel agent and stated that I had email proof the booking had been declined by the hotel to the 3rd party supplier 6 months ago and there was also still availabilty now at the hotel.

The travel agent did say they would try and get alternative accomodation for me, but I explained that as I had not been contacted in the past 8 hrs and it was now 9.30pm local time, I felt I had no option left but to pay the original hotel directly to get a room.

As this was on the day the hotel current rack rate was in excess of what I had already paid to the travel agent. The agent said this was ok and would seek reimbursement of the additional money I had paid plus compensation from their 3rd party supplier.

I am now back in he UK, 1 week has passed and the situation has still not been resolved. The travel agent has advised that their 3rd party supplier will only reimburse my original payment to them (£220) and not the additional money I paid the hotel (£600) 

The travel agent T&C's state that ;

"Please note in relation to all bookings: - It is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.” 

"We will inform you of any changes or cancellations to arrangements we have sold you as agent for other suppliers as soon as reasonably possible"

"If the arrangements are available but not at the price quoted, we will contact you by telephone or by email to give you the option to purchase the arrangements at the revised priced.”

The travel agent / 3rd aprty supplier have both been negligent and failed to be compliant with the terms of the agreed contract between us, which is binding once paments have been made in full.

What know what my rights are to get reimbursed the additional £600 that I have had to pay ?

Was the trip sold as a package?
Or simply a hotel booking?

Do you have travel insurance?

Hoenir

Dellboi said:

What know what my rights are to get reimbursed the additional £600 that I have had to pay ?

There's discounts and discounts. I'd say that the hotel has been less than honest. Given the scale of the increase. A case of a captive customer who has little option but to cough up. 

stoneman

Obviously your contract is with whomever you booked with, regardless of any third party supplier. You made every effort to get this resolved in a timely manor, and at 9:30pm you had no option than to pay for the accommodation and get reimbursed the extra you had to pay. I'm assuming you called the agent the next day to try and get them to settle the case with the hotel to get some of your money refunded?
Regardless, first step is to see if the first company is ATOL or ABTA registered and if you can't get any satisfaction take it up with them. I have a feeling you have a long fight on your hands.

eskbanker

stoneman said:

Regardless, first step is to see if the first company is ATOL or ABTA registered and if you can't get any satisfaction take it up with them. I have a feeling you have a long fight on your hands.

Indeed, but most online travel agents aren't ABTA members, and ATOL is irrelevant here.  OP - which agent is it?

stoneman said:

You made every effort to get this resolved in a timely manor...

OP was happy to stay at the originally-booked hotel, rather than seeking an upgrade to a stately home

SiliconChip

Your contract is with the trave agent, the third party booker that they chose to use is of no relevance to your claim. Assuming that the travel agent is in the UK send them a Letter Before Action for the amount that you are claiming, and if they don't pay up then start a claim on Money Claim Online. The fee for a £600 claim is £70, and if you win you'll get that back too.

https://www.moneyclaim.gov.uk/web/mcol/welcome

Dellboi

Was the trip sold as a package?
Or simply a hotel booking?

Do you have travel insurance?

It was just a hotel booking.
Yes I have travel insurance, but they are not interested, stating it’s not covered.

Dellboi

Hoenir said:

Dellboi said:

What know what my rights are to get reimbursed the additional £600 that I have had to pay ?

There's discounts and discounts. I'd say that the hotel has been less than honest. Given the scale of the increase. A case of a captive customer who has little option but to cough up. 

Probably some truth in that. I was there for an event in the region and all hotels appeared to be x2 or x3 their normal prices when I checked prior to leaving. Assumed I had a good deal having booked 6 months in advance.

Dellboi

stoneman said:

Obviously your contract is with whomever you booked with, regardless of any third party supplier. You made every effort to get this resolved in a timely manor, and at 9:30pm you had no option than to pay for the accommodation and get reimbursed the extra you had to pay. I'm assuming you called the agent the next day to try and get them to settle the case with the hotel to get some of your money refunded?
Regardless, first step is to see if the first company is ATOL or ABTA registered and if you can't get any satisfaction take it up with them. I have a feeling you have a long fight on your hands.

Yes I assumed my contract was with the agent who I booked with, however their T&C’s also make reference to the 3rd party suppliers T&C’s by name. Both sets of T&C’s were attached to my booking confirmation. So not sure.
Yes, I have been in contact with the agent daily, who are just pointing the blame at their 3rd party supplier as they never disclosed the booking had been declined by the hotel.

Dellboi

eskbanker said:

stoneman said:

Regardless, first step is to see if the first company is ATOL or ABTA registered and if you can't get any satisfaction take it up with them. I have a feeling you have a long fight on your hands.

Indeed, but most online travel agents aren't ABTA members, and ATOL is irrelevant here.  OP - which agent is it?

Agent is Travel Republic who apparently use HotelBeds as 3rd party supplier for their accommodation bookings.

Hoenir

Dellboi said:

Hoenir said:

Dellboi said:

What know what my rights are to get reimbursed the additional £600 that I have had to pay ?

There's discounts and discounts. I'd say that the hotel has been less than honest. Given the scale of the increase. A case of a captive customer who has little option but to cough up. 

Probably some truth in that. I was there for an event in the region and all hotels appeared to be x2 or x3 their normal prices when I checked prior to leaving. Assumed I had a good deal having booked 6 months in advance.

This hotel managed to squeeze a room rate x3.75 out of you.  Despite the room being available for the entire period when you arrived.