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

saajan_12

OP, if the agent doesn't reply positively, would you think about trying to terminate early and move somewhere else cheaper? If not, then no point trying to battle this now and affect the holiday. I'd wait until its over, get whatever proof from the hotel, and then show LoveHolidays the full 14days cost. That way you won't have to argue the complications of the deposit, 1 day v 14 days, etc. Whether its purposely being unhelpful or just spending 5 seconds glancing at your email and replying with the first thing they think of when they spot the word deposit, its would be easier and cleaner to just avoid those complications. 

Despite the actual fees being charged by the hotel, its on LoveHolidays to not make misleading statements to induce someone to buy a holiday from them. If they had said $280, then you might not have booked this particular holiday. 

DullGreyGuy

the_lunatic_is_in_my_head said:

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. 

Its not the only question... a more fundamental one, given Love Holidays say they are an agent of the supplier and not party to the contract themselves, is which legal jurisdiction applies when booking a US hotel?

Doing a quote for a stay with the hotel today shows the supplier is a Dubai based company for the hotel aspect of the package however they too state they are just an agent and the actual contract is with the hotel company. I'd be surprised at an FL based hotel choosing English Law as the legal jurisdiction

the_lunatic_is_in_my_head

DullGreyGuy said:

the_lunatic_is_in_my_head said:

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. 

Its not the only question... a more fundamental one, given Love Holidays say they are an agent of the supplier and not party to the contract themselves, is which legal jurisdiction applies when booking a US hotel?

Doing a quote for a stay with the hotel today shows the supplier is a Dubai based company for the hotel aspect of the package however they too state they are just an agent and the actual contract is with the hotel company. I'd be surprised at an FL based hotel choosing English Law as the legal jurisdiction

I agree that the contract for the accommodation is with the supplier but it was my understanding LH are also forming seperate contracts with each party, always happy to be corrected but would assume the aspect of the transaction that falls under the responsibility of the agent, advertising, taking bookings, communicating the contract beween the customer and the accommodation owner, etc, would give rise to a claim agaist LH should they not perform those responsibilities with due care and skill, or in this case, in accordance with UK legistation (LH are a UK based LTD company)?