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  • FIRST POST
    • jcarver007
    • By jcarver007 17th Jun 19, 8:46 AM
    • 91Posts
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    jcarver007
    0 WOW
    Teletext money claim
    • #1
    • 17th Jun 19, 8:46 AM
    0 WOW
    Teletext money claim 17th Jun 19 at 8:46 AM
    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.
Page 1
    • bradders1983
    • By bradders1983 17th Jun 19, 9:01 AM
    • 590 Posts
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    bradders1983
    • #2
    • 17th Jun 19, 9:01 AM
    • #2
    • 17th Jun 19, 9:01 AM
    What was the gap between booking the holiday and going on it?
    • jcarver007
    • By jcarver007 17th Jun 19, 10:02 AM
    • 91 Posts
    • 6 Thanks
    jcarver007
    • #3
    • 17th Jun 19, 10:02 AM
    • #3
    • 17th Jun 19, 10:02 AM
    What was the gap between booking the holiday and going on it?
    Originally posted by bradders1983
    Hi,

    Booking details received on January 7th and we arrived in Marrakesh on January 12th.
    • bradders1983
    • By bradders1983 17th Jun 19, 10:05 AM
    • 590 Posts
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    bradders1983
    • #4
    • 17th Jun 19, 10:05 AM
    • #4
    • 17th Jun 19, 10:05 AM
    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
    • By jcarver007 17th Jun 19, 10:38 AM
    • 91 Posts
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    jcarver007
    • #5
    • 17th Jun 19, 10:38 AM
    • #5
    • 17th Jun 19, 10:38 AM
    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.
    Originally posted by bradders1983
    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
    • By Caz3121 17th Jun 19, 10:47 AM
    • 12,132 Posts
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    Caz3121
    • #6
    • 17th Jun 19, 10:47 AM
    • #6
    • 17th Jun 19, 10:47 AM
    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.
    Originally posted by jcarver007
    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
    • By bradders1983 17th Jun 19, 10:47 AM
    • 590 Posts
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    bradders1983
    • #7
    • 17th Jun 19, 10:47 AM
    • #7
    • 17th Jun 19, 10:47 AM
    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
    • By Westin 17th Jun 19, 12:10 PM
    • 1,886 Posts
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    Westin
    • #8
    • 17th Jun 19, 12:10 PM
    • #8
    • 17th Jun 19, 12:10 PM
    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
    • By jcarver007 17th Jun 19, 12:46 PM
    • 91 Posts
    • 6 Thanks
    jcarver007
    • #9
    • 17th Jun 19, 12:46 PM
    • #9
    • 17th Jun 19, 12:46 PM
    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?
    Originally posted by bradders1983
    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
    • By jcarver007 17th Jun 19, 12:53 PM
    • 91 Posts
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    jcarver007
    I donít 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
    Originally posted by Westin
    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
    • By bradders1983 17th Jun 19, 12:54 PM
    • 590 Posts
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    bradders1983
    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.
    Originally posted by jcarver007
    And again, I repeat, how would Teletext Holidays know this if nobody told them?
    • jcarver007
    • By jcarver007 17th Jun 19, 1:34 PM
    • 91 Posts
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    jcarver007
    And again, I repeat, how would Teletext Holidays know this if nobody told them?
    Originally posted by bradders1983
    I told them at the very start of the holiday. Also if you buy something that is not what was advertised surely there is some way of getting recompense?
    I would have thought that if Teletext are selling a holiday on their website they should ensure that it is as advertised.
    And lastly when I told Teletext that the Aqua Park was not open because the hotel claimed it was a quiet period, they should have acted by contacting the hotel there and then at the beginning. This they did not.
    • bradders1983
    • By bradders1983 17th Jun 19, 1:46 PM
    • 590 Posts
    • 419 Thanks
    bradders1983
    I told them at the very start of the holiday. Also if you buy something that is not what was advertised surely there is some way of getting recompense?
    I would have thought that if Teletext are selling a holiday on their website they should ensure that it is as advertised.
    And lastly when I told Teletext that the Aqua Park was not open because the hotel claimed it was a quiet period, they should have acted by contacting the hotel there and then at the beginning. This they did not.
    Originally posted by jcarver007
    Bit in red - no idea what you mean by this. You told who what?

    I am totally confused at your timeline here (bit in orange). So you booked the holiday,got to the hotel, found the aqua park was shut, and rang Teletext whilst on your holiday? What did you expect them to do, demand the hotel open the aqua park up for you?
    Last edited by bradders1983; 17-06-2019 at 1:48 PM.
    • Caz3121
    • By Caz3121 17th Jun 19, 2:01 PM
    • 12,132 Posts
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    Caz3121
    has the hotel stated why they did not update all the agents that sell their accommodation that they were not open.
    Whilst it would be wonderful if you could rely on every website providing uptodate live information...that is rarely practical
    Do you expect every agent to contact every hotel they sell to check if there are any changes to the information provided? how often should they check? (monthly, weekly, daily?)
    what additional costs did you incur? how much are you claiming for? (note that in section 22 of the t&cs the compensation they will pay is very limited)
    might be worth checking on some of the many teletext holidays threads to see what you can expect (here are a few)
    https://forums.moneysavingexpert.com/showthread.php?t=5632625&highlight=teletext
    https://forums.moneysavingexpert.com/showthread.php?t=6007330&highlight=teletext
    https://forums.moneysavingexpert.com/showthread.php?t=5266021&highlight=teletext
    https://forums.moneysavingexpert.com/showthread.php?t=5949927&highlight=teletext
    • jcarver007
    • By jcarver007 17th Jun 19, 2:05 PM
    • 91 Posts
    • 6 Thanks
    jcarver007
    Bit in red - no idea what you mean by this. You told who what?

    I am totally confused at your timeline here (bit in orange). So you booked the holiday,got to the hotel, found the aqua park was shut, and rang Teletext whilst on your holiday? What did you expect them to do, demand the hotel open the aqua park up for you?
    Originally posted by bradders1983
    I told Teletext on the phone on the first day, that the aqua park was not open.
    I would have expected Teletext to contact the hotel to try and rectify the matter. Again my view is that Teletext have missold the holiday.
    • bradders1983
    • By bradders1983 17th Jun 19, 2:08 PM
    • 590 Posts
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    bradders1983
    I told Teletext on the phone on the first day, that the aqua park was not open.
    I would have expected Teletext to contact the hotel to try and rectify the matter. Again my view is that Teletext have missold the holiday.
    Originally posted by jcarver007
    So you expected Teletext to tell the hotel to open the waterpark?
    • jcarver007
    • By jcarver007 17th Jun 19, 2:09 PM
    • 91 Posts
    • 6 Thanks
    jcarver007
    has the hotel stated why they did not update all the agents that sell their accommodation that they were not open.
    Whilst it would be wonderful if you could rely on every website providing uptodate live information...that is rarely practical
    Do you expect every agent to contact every hotel they sell to check if there are any changes to the information provided? how often should they check? (monthly, weekly, daily?)
    what additional costs did you incur? how much are you claiming for? (note that in section 22 of the t&cs the compensation they will pay is very limited)
    might be worth checking on some of the many teletext holidays threads to see what you can expect (here are a few)
    https://forums.moneysavingexpert.com/showthread.php?t=5632625&highlight=teletext
    https://forums.moneysavingexpert.com/showthread.php?t=6007330&highlight=teletext
    https://forums.moneysavingexpert.com/showthread.php?t=5266021&highlight=teletext
    https://forums.moneysavingexpert.com/showthread.php?t=5949927&highlight=teletext
    Originally posted by Caz3121
    Thankyou.
    In my business if I sold a service to a client and that service did not match what was advertised then I would be refunding all or part of the booking. Then taking it up myself with the service provider.
    Surely Teletext and similar companies should have contracts with the hotels that say they have to be notified of changes.

    Turning off an aqua park at a hotel advertised as a Aqua Park is a major issue in my opinion. And because it was a quiet period as the locals had finished their celebrations is a bit off.
    • Westin
    • By Westin 17th Jun 19, 3:45 PM
    • 1,886 Posts
    • 1,377 Thanks
    Westin
    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.
    Originally posted by jcarver007
    Nope.

    Teletext don't sell package holidays. Their customers tend to base holiday decisions on "cheap" and they add travel elements together to deliver (normally) on the cheap requirement. This however means you don't have the normal back up and recourse you might have had before or with a traditional package holiday company like Jet2 Holidays, TUI, Thomas Cook Holidays, Olympic Holidays, Virgin Holidays etc. who would be responsible for all elements of the advertised holiday.

    What you booked was a combination of travel elements which falls under what is loving termed now as a "multi-contract package".
    Your complain about the seven slides lacking in the waterpark at the hotel will be palmed off by Teletext for you to fight and argue for satisfaction with the hotel/waterpark operator as either the Eden Andalou Aqua Park or another third party supplier to Teletext of the hotel, is who you had your contract agreement with.

    I am sorry to say I think you are on a losing battle with your claim.
    Last edited by Westin; 17-06-2019 at 3:50 PM.
    • lea2012
    • By lea2012 17th Jun 19, 3:55 PM
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    lea2012
    Although not ideal that the aquapark was shut I don't think there's much that teletext would do and I think a trip to small claims court would end up costing you even more money as I don't think they would rule in your favour sadly.

    Looking at the teletext website and various other sites it looks as though the average hotel price is around £35 per person per night in January for the Eden Andalou. Take a look at your invoice and you'll see the price breakdown and how much the hotel cost you.

    As teletext say, they view the aquapark as part of the overall holiday. They list well over 50 facilities available at the hotel, but even if you only took the main ones it may still be around 20 different facilities. A court would potentially rule that you used the food, drink and room for the full duration which would make up the bulk of the cost with the rest split across the facilities. At an extreme push the water park might be worth say 50p a night per person so it's not a lot to expect back and not a lot to fight over in a small claims court.

    You need to chalk this one up to experience and don't go back.
    Lea :confused:
    • hollydays
    • By hollydays 17th Jun 19, 9:46 PM
    • 17,401 Posts
    • 13,551 Thanks
    hollydays
    I think this would be better moved the the consumer rights board
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