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  • FIRST POST
    • kittennose
    • By kittennose 21st Aug 19, 11:47 AM
    • 52Posts
    • 12Thanks
    kittennose
    Accommodation not as advertised
    • #1
    • 21st Aug 19, 11:47 AM
    Accommodation not as advertised 21st Aug 19 at 11:47 AM
    Recently returned from a caravan holiday (UK) and the caravan was nothing like the one that was advertised. We are talking different decor, different layout, all bedrooms different, no veranda as advertised and a failure to mention the entire van was adapted for people with disabilities so it contained much equipment and railings for those users giving the accommodation a very different feel to what we were expecting.

    We saw the caravan we stayed in (advertised correctly) with a another agent and even though much cheaper through them, we chose not to book it as we didn't like the look of it what so ever, hence booking the more modern and comfortable caravan with someone else - which turned out to be false.

    Had we have known this was actually the same caravan and the only one left on site we genuinely wouldn't have even considered staying at that park.

    We requested to be moved the second we arrived but no other vans were available, we also said we were open to moving to another park but they didn't offer that either. So now back and compiling some kind of complaint.

    Looking at the photos they really don't have much of a leg to stand on in terms of a defence to my complaint but I am struggling to put a reasonable figure / proposal to them in terms of fair compensation.
    Last edited by kittennose; 21-08-2019 at 11:51 AM.
Page 1
    • Yellow_mango
    • By Yellow_mango 21st Aug 19, 11:56 AM
    • 368 Posts
    • 640 Thanks
    Yellow_mango
    • #2
    • 21st Aug 19, 11:56 AM
    • #2
    • 21st Aug 19, 11:56 AM
    Presumably the obvious “loss” here is the difference in price between the correctly advertised accommodation, and the price you paid for it?
    • kittennose
    • By kittennose 21st Aug 19, 12:57 PM
    • 52 Posts
    • 12 Thanks
    kittennose
    • #3
    • 21st Aug 19, 12:57 PM
    • #3
    • 21st Aug 19, 12:57 PM
    Loss of enjoyment and disappointment is greater than the difference in accommodation rates in this instance.
    • _shel
    • By _shel 21st Aug 19, 1:04 PM
    • 2,271 Posts
    • 4,193 Thanks
    _shel
    • #4
    • 21st Aug 19, 1:04 PM
    • #4
    • 21st Aug 19, 1:04 PM
    What enjoyment didn't you get? Did you stay in the van and complete your holiday? If so your only due the difference in van rates
    • KatrinaWaves
    • By KatrinaWaves 21st Aug 19, 1:05 PM
    • 916 Posts
    • 1,889 Thanks
    KatrinaWaves
    • #5
    • 21st Aug 19, 1:05 PM
    • #5
    • 21st Aug 19, 1:05 PM
    Loss of enjoyment and disappointment is greater than the difference in accommodation rates in this instance.
    Originally posted by kittennose
    Request your full money back then as I assume it was so disappointing and unenjoyable you went straight home and didnt stay in the caravan.
    • LilElvis
    • By LilElvis 21st Aug 19, 1:14 PM
    • 4,546 Posts
    • 11,852 Thanks
    LilElvis
    • #6
    • 21st Aug 19, 1:14 PM
    • #6
    • 21st Aug 19, 1:14 PM
    How much did you pay and for how many nights?
    • Aylesbury Duck
    • By Aylesbury Duck 21st Aug 19, 1:54 PM
    • 4,505 Posts
    • 6,005 Thanks
    Aylesbury Duck
    • #7
    • 21st Aug 19, 1:54 PM
    • #7
    • 21st Aug 19, 1:54 PM
    Loss of enjoyment and disappointment is greater than the difference in accommodation rates in this instance.
    Originally posted by kittennose
    The problem is, how will you quantify those? As another poster says, if it was that bad you could have gone home and got a full refund.

    You're basically relying on goodwill for anything beyond the difference in accommodation rates.
    • POPPYOSCAR
    • By POPPYOSCAR 21st Aug 19, 2:05 PM
    • 12,709 Posts
    • 28,203 Thanks
    POPPYOSCAR
    • #8
    • 21st Aug 19, 2:05 PM
    • #8
    • 21st Aug 19, 2:05 PM
    The last time we stayed in a caravan which was a few years ago it looked nothing like the pictures.

    We asked for our money back.

    They moved us to one of the caravans that they have for emergencies and said they would sort it out in the morning.

    They ended up letting us stay there which was fine.

    As has been said your problem is not asking for a refund at the time.
    • kittennose
    • By kittennose 21st Aug 19, 4:07 PM
    • 52 Posts
    • 12 Thanks
    kittennose
    • #9
    • 21st Aug 19, 4:07 PM
    • #9
    • 21st Aug 19, 4:07 PM
    your problem is not asking for a refund at the time.
    Originally posted by POPPYOSCAR
    I don't agree that would have been a sensible option - Ignoring a car full of excited children for a start it would have made it more expensive for everyone involved, both us and the caravan provider as we had things booked which would then have meant further losses to claim for.

    We gave them the good grace to resolve the issue while we were there, which I see as fair.

    Unfortunately they couldn't provide suitable accommodation in-line with what we paid for and they subsequently couldn't provide us with accommodation at another campsite.

    All told it took them until the day before we left to confirm this, so in theory we could have left then but again that doesn't seem to make any logical sense and it was even suggested we stay and take it up when we arrive home.
    • SHAFT
    • By SHAFT 21st Aug 19, 4:27 PM
    • 288 Posts
    • 188 Thanks
    SHAFT
    I don't agree that would have been a sensible option - Ignoring a car full of excited children for a start it would have made it more expensive for everyone involved, both us and the caravan provider as we had things booked which would then have meant further losses to claim for.

    We gave them the good grace to resolve the issue while we were there, which I see as fair.

    Unfortunately they couldn't provide suitable accommodation in-line with what we paid for and they subsequently couldn't provide us with accommodation at another campsite.

    All told it took them until the day before we left to confirm this, so in theory we could have left then but again that doesn't seem to make any logical sense and it was even suggested we stay and take it up when we arrive home.
    Originally posted by kittennose
    Given you accepted the caravan your answer is in #4.
    • Aylesbury Duck
    • By Aylesbury Duck 21st Aug 19, 4:29 PM
    • 4,505 Posts
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    Aylesbury Duck
    I agree. You've got a solid case for the difference in hire rates but no case for anything more (barring goodwill).
    • swingaloo
    • By swingaloo 21st Aug 19, 4:37 PM
    • 2,066 Posts
    • 3,752 Thanks
    swingaloo
    If you had the same number of rooms, beds and facilities then I don't think you have much hope of getting much back.

    How can you have 'Loss of enjoyment'?


    If it was so bad then however disappointed the children you should have told them that it was not the accommodation you have booked and refused to stay rather than have accepted it.
    Last edited by swingaloo; 21-08-2019 at 4:40 PM.
    • _shel
    • By _shel 21st Aug 19, 5:56 PM
    • 2,271 Posts
    • 4,193 Thanks
    _shel
    Doubt very much the kids noticed or cared.

    Every caravan I've booked states "for illustrative purposes only" on the photos. So never expect that exact van.
    • Matty36
    • By Matty36 21st Aug 19, 6:05 PM
    • 154 Posts
    • 94 Thanks
    Matty36
    You went into McDonald's, ordered a triple cheese burger, received a double cheeseburger, ate the whole double cheeseburger, now want to complain.

    Better start practicing your best compo sad face
    • unholyangel
    • By unholyangel 21st Aug 19, 9:21 PM
    • 13,876 Posts
    • 11,171 Thanks
    unholyangel
    This is actually one of the few instances there can be a claim for loss of enjoyment/distress/disappointment - where holidays are involved.

    Holidays the purpose of the contract itself is enjoyment/relaxation/peace of mind. Which is why its one of the few instances it can have a legal basis for claiming for loss or reduction of those elements. It would depend on the difference between what was advertised and what was delivered. I mention this because sometimes people make mountains out of molehills. But sometimes people make molehills out of mountains

    However awards for such things are usually not overly generous because civil law isn't designed to punish the wrongdoer but to restore the injured party. So keep expectations reasonable & realistic.
    Money doesn't solve poverty.....it creates it.
    • kittennose
    • By kittennose 22nd Aug 19, 8:46 AM
    • 52 Posts
    • 12 Thanks
    kittennose
    Given you accepted the caravan your answer is in #4.
    Originally posted by SHAFT
    Thankfully the law doesn't agree with you.
    • KatrinaWaves
    • By KatrinaWaves 22nd Aug 19, 8:49 AM
    • 916 Posts
    • 1,889 Thanks
    KatrinaWaves
    Thankfully the law doesn't agree with you.
    Originally posted by kittennose
    Please copy 'the law' into here, because there is no 'law' on this.

    Oh wait sorry I found it:

    Act 1 of the right to not to be reminded that disabled people exist in caravans law.

    How much money do you actually think you're entitled to because you were sad they were disabled aids in your caravan?

    I bet your children couldnt give two hoots and had a lovely holiday regardless.

    The roof wasnt leaking. The bed wasnt mouldy. There were handrails etc. You are overreacting massively. get a grip.
    Last edited by KatrinaWaves; 22-08-2019 at 8:51 AM.
    • kittennose
    • By kittennose 22nd Aug 19, 8:58 AM
    • 52 Posts
    • 12 Thanks
    kittennose
    If you had the same number of rooms, beds and facilities then I don't think you have much hope of getting much back.

    How can you have 'Loss of enjoyment'?


    If it was so bad then however disappointed the children you should have told them that it was not the accommodation you have booked and refused to stay rather than have accepted it.
    Originally posted by swingaloo
    If a nice view of the sea was important to you and thus you booked a sea-view room only to find on arrival you got a view of the carpark are you going to up-sticks and fly home and cancel the entire holiday so you can fight for a full refund? I doubt that.

    What if you booked a 5 star room and found yourself in a budget room? Fly straight home?

    You, and others are suggesting when missold accommodation you have 2 binary options, cancel your entire trip or accept it.

    With such a miss-understanding of basic rights is it any wonder why businesses frequently get away with so much misselling and false advertising to British consumers who are often all to happy to just accept it.

    *shrugs*
    • Aylesbury Duck
    • By Aylesbury Duck 22nd Aug 19, 10:06 AM
    • 4,505 Posts
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    Aylesbury Duck
    Thankfully the law doesn't agree with you.
    Originally posted by kittennose
    In which case, take them to court and claim back a large proportion of your holiday cost.

    Don't forget to ask for a hamper.
    • KatrinaWaves
    • By KatrinaWaves 22nd Aug 19, 10:30 AM
    • 916 Posts
    • 1,889 Thanks
    KatrinaWaves
    In which case, take them to court and claim back a large proportion of your holiday cost.

    Don't forget to ask for a hamper.
    Originally posted by Aylesbury Duck
    Pretty sure theres a hamper already on order. I'm sure itll be there in the morning.
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