Anyone used Arbitration or Small Claims?

lewroll

Hi, I have experienced a problem with a hotel booking I made and it does not look like the company involved is willing to do anything about it.
Has anyone any experience of using either Abta Arbitration or the Small Claims Court and if so what was the outcome.
All help appreciated.

dmg24

Can we have more details?

bagand96

I used Arbitraion last year. Outcome went in our favour, although weren't awarded what we'd asked for, we got 75% of it. Was quite a hassle free, risk free process. You write up a claim, they write up a defense, you write a response to their defense, then you get a verdict.

Worked great for us, but then we got the outcome we wanted.

Alan_Bowen

Hotel bookings are frequently made by ABTA travel agents but with non ABTA booking agents. If the problem was with the hotel itself, and not the booking process, sue the hotel directly, assuming it is in the UK.

If the company failed to make a booking at all, so there was no room when you got there, and the company you were in contract with is an ABTA member, then use arbitration. It is certainly quicker than going to court and the ABTA member has to pay a considerable amount of money up front to defend the case,which often makes them review their position, whilst there is no charge to a company to defend county court proceedings

lewroll

Problem is with the ABTA registered company that I booked my hotel with. They confirmed my booking and took payment and then after a week rang me and told me that they could not provide that hotel even though the hotel was not and is not full. When I pointed out that they could (and still can) ring this hotel direct or book via other companies they have refused to do that. In the meantime, the pound has weakened dramatically against the euro and for me to book that hotel with another company or the hotel direct will cost me a lot more than I paid this company originally.
I have it in mind to book this hotel myself via another method and to either go to arbitration or small claims court to try and get this company to pay the difference.
If I go for arbitration do they definitely have to pay money to go into the arbitration system? I know either way I have to.
All help appreciated

dmg24

Why could they not provide the hotel?

lewroll

When I requested the room they told me that it was only provisionally booked until they confirmed. They duly confirmed the booking but then a week later phoned me and said that their allocation of rooms had been exceeded. When I queried why that wasn't sorted out before they confirmed they told me that 2 people had booked their last room at the same time and that I was the unfortunate one who lost out!!!! I don't think so do you? When I pointed out that rooms at this hotel were freely available from other sources and that it wasn't my fault that they had exceeded their allocation and therefore I thought they ought to honour their contract and provide the accommodation, they agreed that that was the case but they weren't prepared to do anything about it. They offered me a totally unsuitable substitute hotel which differed in nearly every way from the one I had booked. Since then they have basically treated me with contempt and some 10 weeks on I still don't have the accommodation I booked even though it is still available but at a much higher price of course!

Sam_Bee

Did they try and secure the hotel outside of allocation?

Normally when you have used up your allocation, you go to the hotel on a request basis, and confirm outside of allocation if there is room available. Hotels would be happy to do this.

From what you are saying, the company sounds so inept, that it almost seems there is something they are not telling you.

The only thing I can see is that hotel has literally got 100% of its rooms given to a variety of tour operators in allocation. So even if if it not yet full, it cannot confirm outside of allocation, because it has 'promised' all it's rooms to Tour Operators.

This should never have reached this stage.

Do you think there is a simpler reason? i.e. they priced the hotel too cheap, and once they realised their mistake the way they saw to get out of it was to say 'actually, it's full'. Thus would explain the massive increase? (Work out the Euro devaluation, and compare the increase in price - does it add up?).

As I said, something doesn't feel right.

lewroll

Hi, yes I think you may have hit the nail on the head with them having mis-priced the hotel. Either that or they just didn't have the hotel room in the first place. Whatever the truth of the matter it still means that I haven't got my accommodation and that they are ignoring me, hoping that I will just go away. Do you think my idea to book the hotel with a another provider and take them to either arbitration or small claims court sounds reasonable/feasible?

Sam_Bee

What is the difference in pricing? How much are you 'losing' per se?

I'd base my judgement on that. I would probably not be taking it any further. And I would certainly be booking with someone else. If they genuinely mispriced, and realised their error, then quite possibly you are only losing 'perceived' money.

But I can't say as I don't know all the facts, and they have obviously been keeping some from you.

Name and shame the company.

lewroll

If I purchase the exact same room at today's prices, bearing in mind that I first booked this hotel and paid for it in full on 3rd March this year and we are now mid way through June, we are talking some £700 difference. Not small potatoes I think you'll agree. I did nothing wrong and yet have lost out because I now have two flights which I cannot get a refund on and no hotel for me and my son to stay in at the height of the summer season.
Apart from the financial aspect, I just feel that I have been treated, not only very very shabbily but with contempt and had the boot been on the other foot, we know full well, I would not have been able to walk away from the contract scot free and I don't believe they should be able to either!