Tui mis-sold

[Iusedtohavefun]

We booked a holiday with Tui last year due to travel 6th June. We specifically booked this hotel as it’s listed as having a heated pool and two play parks. My children ate 1&3 so too young for kids club. Recent reviews suggested the pool isn’t heated and was in fact unusable for small children as it’s so cold and the hotel have since confirmed that the pools aren’t heated and there are not any play parks..

we would never have booked this hotel if it wasn’t listed as having these things. I’ve contacted Tui to find out options. Stated that’s it’s misrepresentation and false advertising and need to be able to change our holiday or cancel. Because it’s within 14 days of h
our holiday, they are really dragging their feet in giving a response, promised calls not happened etc.

just wanted to see if anyone has experienced similar and had a positive outcome? The holiday isn’t fit for purpose if we can’t use the pools and they have no play parks as they were main source of entertainment for our young children

They advised a heated pool. So that by definition that means heated above ambient temperature.

It really doesn't mean that. If the air temperature is 35° and the unheated pool is 32°, they are not going to heat the other one to 37°.

When you book any kind of holiday or hotel stay or any kind of transaction with the hospitality industry, it's assumed that the general norms of the industry apply. Under those norms, a "heated pool" is taken to mean a pool that has the chill taken off it at the start and end of the season. It does not mean that the pool is literally always being heated, 24/7/365, regardless of the temperature of the surrounding air. It means it is capable of being heated, to take the chill off, when a majority of guests would otherwise find it too cold.

Now in this case I agree that it was pretty naughty for the advertising to suggest that the pool was heated when apparently there is no heat pump at all. But even if there had been, it is very unlikely that it would still be running in June, because that is just not the industry norm in the Mediterranean or Canaries. (Some upmarket places have started advertising cooled pools, because people find the regular pool temperature to not be refreshing in high summer. This probably does not mean that they are cooled to 4° in March.)

So regardless of what you might like to happen, if this ends up in front of some kind of tribunal, you are not going to win on the pool temperature question. But maybe TUI will be adding a paragraph to their 300 pages of small print to say exactly what people can expect "heated pool" to mean.

As I’ve said, the pool has been quoted as freezing and unusable by the last 10 trip advisor reviews. Where it’s advertised as heated it should not be the case that guests cannot use it. My children are 1 & 3. What is possibly tolerable for an adult is jot the same as a child. Again as mentioned other travel agents selling the same hotel have managed to clarify that the pools either are unheated so not unreasonable to question Tuis marketing.

TUI also advertise that the hotel has two playgrounds. Which the hotel have confirmed just isn’t the case. They do not have children’s play grounds. So again mis information.

Finally another family due to travel to the hotel have been offered alternatives because of the exact problems listed. However because we only became aware of them within 2 weeks of travel Tui are dragging out their responses.

im not looking for compensation, im not looking for an upgraded holiday experience. I just want to be able to change my holiday to one where I can be confident my children will be able to enjoy the facilities as promised

I know this isn’t what you asked about but the wetsuits are brilliant for small kids. We used one for my sensitive skinny little DC until she was about 6 or 7 and it was a life saver.
lots of kids in wetsuits around. You won’t be the only one.

@MiseryIn thank you. Do you mean the full coverage swim suits you can get from next and places? We have those and love them for that exact reason. The suggestion from guests and the manager are for an actual wetsuit, like used for surfing which feels like it should t be necessary for hotel pool 🙈

I do mean a wetsuit. Essentially like a neoprene sunsuit. There are lots designed for exactly that use.
Decathlon do them.

Update: after a lot of back and forward they have admitted that the advert for our hotel is incorrect and the facilities (playground and heated pool) are not as they describe. They state that they are deeply concerned by this and taken immediate action to recite the adver to avoid further confusion (still not updated). They’ve offered £200 gesture of goodwill which will. Which we have not accepted. Surely this is an admission of fault, acknowledgement of incorrect detail and therefore mis-sold so we should be able to cancel and be refunded?

Yes it is.
State in very clear terms what a suitable solution would be for you, and put that to them. If you accept the £200 then you have no further recourse. Keep printscreens of everything and evidence of their admission of guilt and offer.
Best option is cancel, full refund, and find something else on a late deal

@JustMyView13 Yes have gone back to them and said £200 is absolutely not acceptable and the only resolution suitable is a cancellation and refund. I’ve quoted a whole host of regulations that require information to be accurate which Tui have not complied with and been very clear in my wording that the holiday is mis-sold on the basis of inaccurate information that led us to book. Now to wait some more for a further reply which I’m sure won’t come until Monday. So infuriating that we have to keep waiting so close to when we are meant to be going.

it probably wasnt heated

I was in Turkey one year and the pool was like a hot bath - after 3 weeks of temps in the high 40's

Well, what they OUGHT to do is provide you with an alternative holiday that does meet your spec. If they can't, then a full refund.

Not sure anyone is reading these, but using it as my own personal venting space.

escalation team came back to increase the offer to £650 which is the maximums they said they can offer or a hotel change with same dates and country. Obviously a week out from travel means alternatives are incredibly limited and not of a same standard as the one we have booked. One that is a similar standard is £5k more!

my challenge here is that they have admitted that the information is incorrect and therefore the holiday was mis-sold (on basis of misrepresentation) so in line with miss selling guidelines, a consumer should be put back in the position they were had the mis selling not taken place. Which would be a full refund. I don’t know how much to push it? We’re less than a week until we are meant to travel. I’ve gone back on email to challenge and quoted a host of regulations but am I fighting a loosing battle

If you want the resolution to be cancellation I'd push for that. Trading Standards are your best bet for advice but not sure on their turnaround times

As they were willing to offer £650 would they let you change to a hotel within the budget or your original cost plus the £650? So same dates and location, but to mean you can get a hotel you are happy with?
It's not school holidays so I would have thought a lot of hotels won't be fully booked?

@Youcancallmeirrelevant no it’s either or so a free amend or the &650. Hotels aren’t to the same standard as the one we booked is meant to be. And I still don’t understand how despite admitting fault they say I’m not entitled to a full refund. Or even why they can offer to change the hotel but not refund, surely the cost to them for either is comparable

@DarkForces will be reporting to trading standards for sure

I agree you've been missold and should get a full refund fwiw.

From their point of view even if the
description is wrong they will class it as a “minor change” I suppose and use that to not refund you.
stand your ground, they are hoping you are going to be happy with £200

@Iusedtohavefun Call Citizens Advice Monday. They’re actually fab, and will pass on to trading standards.
If you’re still struggling, you’ve got ABTA & ATOL protection, so you can raise a complaint there.
Also, your home insurance may include legal cover. Or you might have this as a benefit through work.
Stupid question, when presented with those two options, have you used the direct language of: ‘No thank you, I’ll proceed with the full refund. The holiday I booked does not exist.’

@JustMyView13 dont think I’ve used those words specifically but I have been VERY strong in my references to regulations. someone came back today, to say they agreed with the offer already given.

when I was on the phone to original handler believed that at a free amendment would be just a resort change. Which given time to travel and lack of options isn’t acceptable. Todays email states again free amendment, if the cost is more I’m liable to pay, if the cost is less they will refund.

question is what does free amendment mean? A change of destination/ hotel and date? As this would be acceptable as our options would be so much wider! Or is it just a hotel change in the same country? In which case it’s not acceptable at all as a week out from travel all options aren’t even close to what we booked and paid for.

I would have thought amendment could mean anywhere in their holiday programme

I’d look carefully at what alternatives there are that could be around the same price. But I still don’t think you’ll find a pool heated in June. Playground is easier to find.

@Clearinguptheclutter at this point if I could change country then perhaps the heated pool would be less of a condition.

Greek islands, in my experience have always been very windy so that’s why a heated pool was a key feature. Coupled with possible lower temps at beginning of June. Where as Turkey for example is hotter and generally less windy (again in my experience).

But more so being able to have a hotel that has kids facilities as described to enable me to entertain my children. So if the pool is too cold for them to use then we have the ability to keep them occupied.

the whole thing is a shambles, no direct number for those handling my complaint, email only. I sent them 2 emails before 9am this morning. They replied at 5pm. Conveniently exactly at office close time. Feels like yet another delay tactic

Honestly I’ve been all round the Greek islands and apart from those areas popular with windsurfers I really wouldn’t say they are windy. Lanzarote yes but that’s completely different.

A non heated pool in June in Greece will be fine. At this stage I would personally accept the compensation for the lack of play area that you were led to believe was there. It’s just adding more stress and anxiety and you need to bring this matter to a close and enjoy your holiday. You’ve already said you don’t like the alternative hotels within the same location so perhaps stick with the one you have.

I agree with @friendlycat above. This is just adding stress to you. Take the £650 and use it to get out and about during the holiday. There may be public playgrounds in the locality.

I've just got back from Cyprus. The unheated pool was a godsend. It was hot there so needed an unheated pool to cool down in. The thought of entering a warm pool in a hot country makes me feel light headed at the thought of it.

How did the holiday go in the end OP? @Iusedtohavefun