Hotel disaster section 75

Rebeccakristy

Hello please help. I’m in the Maldives on a local island- it is not expensive like the resorts. I paid for my hotel and transfers in one payment via credit card (Halifax) and when I arrived the hotel manager told me he was fully booked and told me to go to another island. He told me that the whale sharks were closer to here (lie) and that he would compliment me lots of excursions as I wanted the other island. I hadn’t slept or eaten for 24 hours and they pushed us on the last boat of the day. Well he lied and now I can’t see the whale sharks- it’s a 6 hour speedboat from here with no guarantees, he said he’d pay for excursion with a tour company, but then made me pay for 2 people (120 usd cash) and it wasn’t  a company was just a boat, the drivers didn’t speak English and also didn’t see any manta rays, as they aren’t experienced. I also paid 320 usd for transfers to the other island and this island is only 210 usd, so overcharged: 

can I reclaim under section 75? They keep lying to me, telling me that the my would take me to try watermelon, and go snorkelling (but just a 10 minute ride on a golf buggy, no fruit). So they haven’t compensated me.

i paid so much for the flights to have my dream the best snorkelling experiences. Now my time is gone with them tricking me, and I overpaid to go to an nice island: 

WillPS

I doubt Section 75 will cover you for not seeing sea creatures you desired, but if your contract was to stay in a specific hotel then you might have a case there.

Do you not have travel insurance?

Wonka_2

Booked via agent in UK or booked locally ? And with what documentation to prove the promises made ?

Assuming booked direct/locally and without your expectations (seeing Whales/Manta Rays) being explicitly part of the booking I can’t see you getting far with S75 or travel insurance - and not sure there are many experts on Maldives consumer law here 😢

Rebeccakristy

Booked with local independent agent, paid directly to hotel. Not wanting refund because I didn’t see the animals, but because they sent me to an island where I can’t see them, different hotel different island, no option to see the turtles or sharks. If he’d not
lied and said they were here I would have cancelled 

Rebeccakristy

I do have travel insurance how does that help? 

Wonka_2

Rebeccakristy said:

Booked with local independent agent, paid directly to hotel. Not wanting refund because I didn’t see the animals, but because they sent me to an island where I can’t see them, different hotel different island, no option to see the turtles or sharks. If he’d not
lied and said they were here I would have cancelled 

So had you physically arrived when you were told they didn’t have a room ? Given the remote location/season could they justify that this was the nearest alternative or is it just another hotel in their ownership so an easy swap. And why did you pay for the extra transfers ?

Maybe adding a timeline would be useful so others can give advice rather than having to ask questions ? 

DullGreyGuy

Rebeccakristy said:

Booked with local independent agent, paid directly to hotel. Not wanting refund because I didn’t see the animals, but because they sent me to an island where I can’t see them, different hotel different island, no option to see the turtles or sharks. If he’d not
lied and said they were here I would have cancelled 

The use of an agency often will break the Debtor, Creditor, Supplier chain required for S75 to apply. Would need to have the T&Cs of the booking in English to confirm the contractual relationships and what the terms allowed the hotel to do in circumstances of overbooking etc. 

Rebeccakristy

Apologies:

I paid direct by credit card to hotel 2 days before arrival for transfers and room.

I arrive in Maldives and they said my hotel was full and that I had to go to another island. It was last transfer of the day and if I refused I would have been stranded.

i asked if it was nearby and had the same access to whale sharks, he said it was close and it was closer to whale sharks.

they virtually pushed me and my children onto the boat

we arrived and were the only guests in hotel, totally rubbish hotel, not
Looked after and made to feel like a “Karen”

it Is the entirely different direction and does not offer whale sharks at all. But now to return to the other island would take 1 day and 5 hours on a speedboat )I only have 3 days 4 nights  in total

they said to compensate they sound pay for my excursions. But then just hired a boat and made me pay for 2 out of 3 people, and the trip was crap and no manta rays. No experienced host. 

They said would take me to see whale sharks but it is a 6 hour speedboat trip and no guarentee. After this morning I doubt it would be professional so very unlikely to see whale sharks. I do not want to spend 6 hours on a boat in ocean. 

The whole reason I booked I the original island was to see the whale sharks

i now have to spend last day on the same tour again but with a tour agency (paid by me) to stand a chance to see manta rays.

i have no opportunity to see  whale sharks because they lied to me. 

The transfers were more for the other island. I don’t know how the cost of the hotel compares, I don’t think it was even open. 

 

WillPS

When you say you paid the hotel directly - does the charge on your credit card match the name of the hotel (i.e. it wasn't to some sort of group/head office)? Was there anything in their terms & conditions which allowed them to behave as they have? Does your invoice/confirmation show that you've paid for a specific grade of room, and if so do the features of your new room match?

If you paid the hotel, and the hotel's terms offer no guidance on what happens if they're unable to check you in to the room you've paid for, then I reckon you have a pretty sound case for a claim against them.

Rebeccakristy

The hotel sent me the link to pay so must be direct to them 

Rebeccakristy

invoice says name of hotel and name of hotel (the other one) is in my credit card statement. I don’t think the rooms are very different but I don’t know what the other one would have been like.