Teletext money claim

Hi all,
Looking for some advice regarding taking Teletex to small claims court or whether there is an option to take prior to this /instead of.

I booked a holiday with filights to the Eden Andalou Aqua Park hotel in January 2019. Teletext miss sold this holiday by saying that the aqua park was fully operational. On arrival at the hotel we found that the 7 water slides were not working. I tried to complain to the hotel and they admitted it was because of it being a quiet period but nothing they could do. I phoned Teletext but was told that there was nothing they could do either. Took photos and video of it.
The reason I picked the Eden Andalou was because of the Aqua park for my sons. If I had been made aware that it would not be open then I would have booked elsewhere as we had a number of other locations that we liked.

Due to work and being overseas I had put this on hold until April when I again raised the complaint using Resolver.

Teletext have admitted no fault and their latest email states that we took we used the Hotel, Flights etc and that the Aqua park was only a small part of it. Therefore their position of no fault will not change.

My view is that it was missold as an Aqua Park.

Also we did note that a lot of Moroccan families had been there for the commemoration of 1st proclemation of independence which was on friday 11th January. The standard of food for the weekend was high and more of it. But once the weekend was over and the families left the standard dropped.

Anyway any advice would be appreciated.
«1

Comments

  • bradders1983
    bradders1983 Posts: 5,684 Forumite
    First Anniversary Name Dropper First Post
    What was the gap between booking the holiday and going on it?
  • jcarver007
    jcarver007 Posts: 128 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    What was the gap between booking the holiday and going on it?

    Hi,

    Booking details received on January 7th and we arrived in Marrakesh on January 12th.
  • bradders1983
    bradders1983 Posts: 5,684 Forumite
    First Anniversary Name Dropper First Post
    Right OK. For Teletext to have told you the slides werent open, they would have needed to have been told this by the hotel.

    A quick look online does state the aqua park is open all year round, weather permitting, so this is presumably the info they were going off. Personally, I think any small claims court action would be futile.
  • jcarver007
    jcarver007 Posts: 128 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    Right OK. For Teletext to have told you the slides werent open, they would have needed to have been told this by the hotel.

    A quick look online does state the aqua park is open all year round, weather permitting, so this is presumably the info they were going off. Personally, I think any small claims court action would be futile.

    Hi
    Sorry, to clarify - The hotel told me that the slides were not open as it was not a busy time of year. This was after I had spoken to the manager there.
    I then spoke to Teletext by phone.

    The aqua park slides etc were not closed due to weather but due to the fact the park was quiet. The weather was perfect.
  • Caz3121
    Caz3121 Posts: 15,542 Forumite
    Name Dropper First Anniversary First Post
    jcarver007 wrote: »
    Hi
    The hotel told me that the slides were not open as it was not a busy time of year. This was after I had spoken to the manager there.
    I then spoke to Teletext by phone.

    The aqua park slides etc were not closed due to weather but due to the fact the park was quiet. The weather was perfect.

    so the hotel / aqua park advertise incorrectly that they are open all year. How would a travel agent know that this statement was not true?
  • bradders1983
    bradders1983 Posts: 5,684 Forumite
    First Anniversary Name Dropper First Post
    In which case various outlets online need to update their info as it states they are open all year, weather permitting being the only reason given why they may not be.

    My final comment in my last post doesnt really change, I cant see you having much success with this.

    Im confused though - you were told by the hotel the slides were not open, and then you booked anyway?
  • Westin
    Westin Posts: 5,938 Forumite
    First Anniversary Name Dropper Photogenic First Post
    I don’t think you will get anywhere with your claims against Teletext.

    Teletext is the agent and your contract arrangement is with the Supplier, in this case the hotel/water park. You did not book a package holiday.


    Their terms and conditions seem to cover this -

    https://www.teletextholidays.co.uk/terms-and-conditions
  • jcarver007
    jcarver007 Posts: 128 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    In which case various outlets online need to update their info as it states they are open all year, weather permitting being the only reason given why they may not be.

    My final comment in my last post doesnt really change, I cant see you having much success with this.

    Im confused though - you were told by the hotel the slides were not open, and then you booked anyway?

    No,
    I booked and then only found that the aqua park part was not open when we arrived at the hotel. Totally impossible to know this before flying.
    I would not have booked the hotel if I had known the aqua park was not open.
  • jcarver007
    jcarver007 Posts: 128 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    Westin wrote: »
    I don’t think you will get anywhere with your claims against Teletext.

    Teletext is the agent and your contract arrangement is with the Supplier, in this case the hotel/water park. You did not book a package holiday.


    Their terms and conditions seem to cover this -

    https://www.teletextholidays.co.uk/terms-and-conditions

    It was all inclusive - flights, hotel, food etc. So I would class that as a package holiday. Would you not?

    Teletext advertised the holdiday at Eden Andalou Aqua Park with flights and all inclusive. At no stage did the advert or additional emails state that the aqua park was open subject to weather. Even if it did, the aqua park was not closed due to weather but due to the hotel considering it to be a quiet period.
  • bradders1983
    bradders1983 Posts: 5,684 Forumite
    First Anniversary Name Dropper First Post
    jcarver007 wrote: »
    It was all inclusive - flights, hotel, food etc. So I would class that as a package holiday. Would you not?

    Teletext advertised the holdiday at Eden Andalou Aqua Park with flights and all inclusive. At no stage did the advert or additional emails state that the aqua park was open subject to weather. Even if it did, the aqua park was not closed due to weather but due to the hotel considering it to be a quiet period.

    And again, I repeat, how would Teletext Holidays know this if nobody told them?
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.1K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 607.8K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards