On the Beach

CLZSR01

I recently booked a holiday to Cancun through On the Beach. The booking was made after looking at the pictures on their website which portrayed beautiful Sandy beaches. 4 days before i was due to travel i saw reviews that the beach was unusable due to foul smelling seaweed. I immediately contacted On the Beach and asked them to verify that this was not the case. I was told that this was the first they had heard of the problem and that they would raise it with the Hotel and get back to me. They told me to travel and if there was anything like this to get evidence. They told me it was too late to change my hotel. I never heard back from them so i travelled with my family. The beach was not useable and the the seaweed smelt like methane gas. I subsequently found out that it is a natural occurrence at this time of year in the Caribbean and is called Sargassum. I took pictures and i also kept a record of the conversation i had with On the Beach. The seaweed is also a health hazard as it harbours micro organisms and can cause skin irritation. When i returned i submitted a complaint to On the Beach under a Mis sold Holiday. They have refused to accept this and say it is a natural occurrence they have no control over. My argument is that i was never told before i travelled and the pictures on the web site are mis leading. Do i have a case?

Isthisforreal99

Was it one of these 'private beaches' for hotel guests only? 

But I don't think you have much of a case, OTB can't control something that happens naturally and just because there weren't pictures of a seaweed covered beach doesn't mean you were misled.

At best you might get a token gesture of a discount of a future holiday.

Caz3121

did nothing come up in your research on Cancun re Sargassum?...as said it happens every year, some weeks worse that others
https://thecancunsun.com/a-week-by-week-breakdown-to-the-end-of-sargassum-season-in-cancun-this-month/

Ayr_Rage

Yes, it is a naturally occurring seasonal occurrence and the information is readily available as to which time of year is best for avoiding disruption.

You cannot claim against nature.

CLZSR01

Fair enough. I will not bother to carry on with it then.
Thanks for all the advice.

Exodi

My thinking is similar to the two posts above and OTB.

You'd expect I couldn't get a refund if I travelled somewhere in the winter and it started snowing? I could similarly argue under the same vane that their pictures don't show it snowing so I have been misled? What about if it rains all week? The pictures don't show it raining. Standing outside in the rain for long periods of time can be a health hazard.

These are just as natural an event as seaweed on the beaches (though the resorts I've been to are often very proactive addressing this - you often see nets and heavy machinery clearing the beaches several times a day).