Love Holidays - Vast difference in estimated cost - Unsure what to do next.

13

Comments

  • Alderbank
    Alderbank Posts: 3,749 Forumite
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    edited 4 October 2024 at 7:55PM
    Good to hear that you got your secret resort fee back in SF.

    However California State law is not the same as Florida State law. Secret resort fees are banned in CA but are perfectly legal in FL. A secret resort fee would be considered an unfair contract term if it was levied in the UK.

    Love Holidays T&Cs, like other aggregators such as AirBnB, begin:
    For all bookings, your contract will be with the applicable Service Provider of your chosen Travel Service (who may be the principal or the agent of the principal) and loveholidays acts only as an agent on their behalf.

    Love Holidays do not know whether a hotel will charge a guest a secret fee or what that fee will be. Hotels describe them as 'optional charges for additional services'. OP confirms that they were only told about the fee when they checked in. Love Holidays don't see or handle the resort fee, which is just between the guest and the hotel.
  • Caz3121
    Caz3121 Posts: 15,802 Forumite
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    I think the issue is that Love Holidays do not make it clear that the Resort Fees are not included in the estimate of what is to be paid at the hotel
    They do say "These taxes or resort fees are not included in the cost of your holiday because they are charged locally." however do not say they have excluded them from the "amount to pay at hotel"
    https://www.loveholidays.com/faq/hotel-taxes-fees/
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,061 Forumite
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    edited 5 October 2024 at 7:29AM
    The only question here really is whether Love holidays have breached the CPRs with the way they provided the information.

    If it were deemed to be in breach OP would be entitled to a discount starting at 25% 

    I would assume CS at Love Holidays aren't aware of the CPRs let alone authorised to decide whether a customer is entitled to anything under them so OP really you have a choice between pressing them for "good will" through a general complaint or sending a letter before action citing Section 5:

    https://www.legislation.gov.uk/uksi/2008/1277/regulation/5

    Specifically paragraphs (2) and (4)(g) and request a 25% refund under section 27I paragraph (4)(a)

    https://www.legislation.gov.uk/uksi/2008/1277/regulation/27I

    The CPRs are broad rather than specific so it would ultimately be a court's opinion of the situation as to whether there was a breach. 
    In the game of chess you can never let your adversary see your pieces
  • cw8825
    cw8825 Posts: 557 Forumite
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    IMO it’s clearly a typo issue on the love holidays site. 
    It’s too coincidental to go from 28.19 to 281.90

    the cynic in me is thinking that unless the OP booked the very first holiday they looked at 
    that they knew this on some level and have tried their luck

    love holidays do have a responsibility but they going to be protected in the t&c similar to if the holiday itself was massively underpriced. 
  • TELLIT01
    TELLIT01 Posts: 17,804 Forumite
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    Alderbank said:


    Ramada will maintain that the room rate is what you paid and the resort fee is an optional extra for things like wifi, use of towels, etc. which they would otherwise have billed you for. You can try bargaining with them to take off those 'extras' and some people say they have got the fee removed but it is a tough battle.

    No consolation to you but in last year's State of the Union address President Biden said "We're going to ban surprise resort fees that hotels charge on your bill. Those fees can cost you up to $90 a night at hotels that aren't even resorts."
    However nothing has happened yet, the Federal Trade Commission has done nothing and those fees remain entirely legal and applied at the whim of the hotel.
    Also no consolation but in a different state, Wyndham (they own Ramada) are currently being sued in a class action by vacationers who claim these resort fees are unconstitutional.
    At many/most hotels the 'resort fee' is not an optional extra.  It has to be paid whether you make use of the facilities or not.

  • sheramber
    sheramber Posts: 21,760 Forumite
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    Love Holidays - Vast difference in estimated cost 


    Is 'estimated' not the relevant word.

    Estimates are just that, not final.
  • Okell
    Okell Posts: 2,402 Forumite
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    edited 5 October 2024 at 4:02PM
    sheramber said:

    Love Holidays - Vast difference in estimated cost 


    Is 'estimated' not the relevant word.

    Estimates are just that, not final.
    But in the Love Holidays screenshot supplied by the OP it actually says:  "... The amount shown is estimated at today's exchange rate, but will be charged in local currency at the hotel..."

    To me that is stating that the amount is an estimate only in so far as it given at today's currency exchange rate.  It is not stating that it is an estimate that is likely to be inaccurate by a factor of 10 - which it was here.

    If Love Holidays can't ascertain with a reasonable level of accuracy what charges are likely to be levied by their hotel "partners" and they can't make that fact blatantly clear, then they really shouldn't be in business.  It's simply misleading the consumer.
  • Okell
    Okell Posts: 2,402 Forumite
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    The only question here really is whether Love holidays have breached the CPRs with the way they provided the information.

    If it were deemed to be in breach OP would be entitled to a discount starting at 25% 

    I would assume CS at Love Holidays aren't aware of the CPRs let alone authorised to decide whether a customer is entitled to anything under them so OP really you have a choice between pressing them for "good will" through a general complaint or sending a letter before action citing Section 5:

    https://www.legislation.gov.uk/uksi/2008/1277/regulation/5

    Specifically paragraphs (2) and (4)(g) and request a 25% refund under section 27I paragraph (4)(a)

    https://www.legislation.gov.uk/uksi/2008/1277/regulation/27I

    The CPRs are broad rather than specific so it would ultimately be a court's opinion of the situation as to whether there was a breach. 
    I think I'd go initially with a complaint citing para 5(2) and (4)(g), but I think I wouldn't mention para 27l or a 25% refund.  25% of what?  I think I'd initially be asking for a full refund of the difference between their "estimate" of the extras and what I was actually charged by the hotel for them.  And see how they respond.  Then follow up with a letter before claim if I wasn't happy with their response.

    I'm not sure.

    I might also be inclined to remind them that in some circumstances some misleading actions can amount to criminal offences...

    But I'm not sure   :/
  • visidigi
    visidigi Posts: 6,546 Forumite
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    booking.com show it correctly. Love holidays do not. That cannot surely be an excuse for it not being love holidays fault...
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,061 Forumite
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    edited 6 October 2024 at 4:52PM
    Okell said:25% of what?  
    25% of what was paid under the contract AFAIK so 25% of the holiday.

    Possibly the difference in fees as per paragraphs 6 & 7.

    Personally I'd ask for 25%, if LH are smart they'll refer OP to 6 & 7 I guess :) 
    In the game of chess you can never let your adversary see your pieces
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