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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Should they refund us?

18 replies

Twinkie1 · 25/08/2017 12:13

We booked a 3 bedroom apartment through a website 6 months ago, was for 6 of us, 4 adults and 2 children. When we booked it we used the search parameters swimming pool and air conditioning so expected both.

48 hours before we were due to leave we received a confirmation email direct from the owner stating that there was no air conditioning, I went onto the website and screen shot the page which detailed that there was air conditioning just to make sure that I wasn't going bonkers.

The country we were due to go to is very hot and it is very uncomfortable to sleep at night with no air conditioning. When we have visited before and didn't have AC DD ended up with a dreadful heat rash which became infected, didn't sleep and was generally bloody miserable. She has issues with certain things (sensory) and when isn't happy or is uncomfortable the issues are magnified and we just end up wishing we were at home. DS has asthma and gets hot and wheezy so it's not nice for him either.

I telephoned the booking agent as the owner doesn't speak English and they said they would get on to the owner, we were in the right and if the owner wouldn't cancel without charging us they would most likely absorb the costs.

They said to ring them back the next day and I would have an answer as what was happening.

I spent the majority of the next day on the phone and finally at 7pm was told that due to cancelling so late they wanted the whole amount (which had actually already been taken from my bank account).

I'm really fucked off, we can well do with not losing the £ at the moment, we deliberately searched to make sure that there was air conditioning and I feel that the owner knows that they are selling a lie as why else would they deliberately note that there was no air conditioning on the confirmation email? If they had told us there was no air conditioning at any time during the 6 months the apartment was booked we would have cancelled and feel that they waited until it was so late so we would have to pay the whole amount.

They have now changed the website so it doesn't list air conditioning so I sent them the screen shot and they are looking into asking the account manager to refund our money but are not hopeful.

Is there anything else I can do do you think to get at least a partial refund or am I wrong to expect a refund at all. They (the booking agent) did say that they agreed with me but it was up to the apartment owner to decide as to whether I should have a refund or not and they can't understand how they have already taken the money as no money was due to be paid upfront.

OP posts:
Bumdishcloths · 25/08/2017 12:18

You've been missold a holiday based on amenities that aren't present. Definitely pursue this further, you should be entitled to a full refund as you have been misled, deliberately or otherwise

Jaxhog · 25/08/2017 12:18

It seem to me that the owner has breached the contract with you by changing a key element. But check the booking conditions of the agent, in case they have a 'let out clause', that says you must check any key elements yourself with the owner before booking. Also about payment.

Is the booking agent registered with any professional group or ABTA? You could also take it up with them.

PeppaPigTastesLikeBacon · 25/08/2017 12:18

Have you taken out travel insurance? Not sure if this is something that can be used in this case as I haven't had to use it.
They should be refunding you or putting you somewhere with the facilities advertised

Bluntness100 · 25/08/2017 12:23

Of course they should refund you, however, that's not really the issue, the issue is getting them to.

BlondeB83 · 25/08/2017 12:28

Definitely pursue this, the third party website should be doing more to help and should absorb the cost.

BlondeB83 · 25/08/2017 12:29

Take to social media.

QueenOfVipers · 25/08/2017 12:30

Yy social media.

Twinkie1 · 25/08/2017 12:39

Travel insurance won't pay, the website does say in its T&C's it's not down to them to check information is right (so owner could promise you a naked butler but could be lying!!), Dutch based company and not covered by ABTA!! 😢

May have to open a twitter account and tweet CEO it seems!

OP posts:
lacklustremum · 25/08/2017 13:40

How did you pay? Bank card? If so could you go to the bank and explain , they may be able to pull the payment back like credit card companies do. Especially if you aren't have supposed to pay yet

ilikefastcars · 25/08/2017 14:04

Tell the bank you haven't authorised the payment. Simple.

MatildaTheCat · 25/08/2017 14:09

Ask them if they are willing to provide portable AC units since they are clearly at fault? If you do this you look as if you are being reasonable about finding a solution. Be clear tough that's it's AC, not some crappy fan.

Ttbb · 25/08/2017 14:47

This is a breach of contract. Whether you are entitled to repudiate or not cones down to whether the AC was a condition (major term) or a warranty (minor term). In order to have the right to repudiate it must be a condition I.e. Go to the heart of the contract. Ordinarily I would not say that this is the case however if the bookings agrnt was aware that this was essential to you then it would be a condition. It may also be possible to argue that because of the heat/because this was offered as a filter criteria the bookings agent should have been aware that it was a condition. At any rate your are entitled to get something back.

Twinkie1 · 25/08/2017 14:48

No, no portable AC, they are happy to split us all up in to 3 separate rooms now but that's a shit idea, means me and DH won't get any alone time as one of us would have to sleep in a bed with DD.

DH is on the phone now to the bank. Fingers crossed.

OP posts:
Twinkie1 · 25/08/2017 14:50

Brilliant Ttbb that sounds like a good argument I can make. Thank you so much.

OP posts:
joaner36 · 25/08/2017 14:54

We just did 8 nights in Spain with no a/c it was vile! Luckily we could hire a fan or it would have been a hell of a miserable wk!

Oblomov17 · 25/08/2017 15:45

I've had very similar. This month. Only it was an all inclusive holiday, in a hotel, through an agent.

No air con. It was boiling. Air con is my Dh's number one priority.

Needless to say we did actually have quite pleasant time, but that's partly because of our personalities: we are the kind of people who would just make the best of it and could have fun in a phone box !! but I'm actually really upset.

I complained to the hotel, I rang the company we booked it through/ the agent whilst there.

I have now submitted a complaint, but I'm not hopeful of getting anything in return. ideally I would like a partial refund but I am doubtful that I'll get that.

So watching this thread with interest.

Twinkie1 · 25/08/2017 15:52

Oblomov17 I'm sure if it were just DH and I we'd get on with it but DD especially will find it v v hard!

Our bank said payment not complete and they've got to wait till it is to dispute.

I've got CEOs email and will write to her and if no reply will start twitter assault!

Fingers crossed for us both.

OP posts:
Questioningeverything · 26/08/2017 11:48

Any update op?

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