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Legal matters

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Anyone know about consumer law

8 replies

drinkingwineoutofamug · 16/11/2021 09:48

Morning.
Back story,
Booked a weekend away. Before purchasing the holiday I googled to see the hotel offered. 4star looked really nice so booked . £400 for me and my friend.
The day before trip , tickets were emailed with different hotel name. Googled hotel and still 4star . Should of read the reviews.

Had a really good day trip and then the coach , which advertised in the window the name of said original hotel
We were then taken to the other hotel named on e-ticket
We thought it was derelict.

Got swipe cards for rooms
There was a function going on so lots of people about.
Got to the room. Not been cleaned. Blood on pillow, dusty carpet , even last occupants beard hair in the soap scum in the basin.
We complained and got new pillows.
We couldn't get a new room.

On enquiry why.
The hotel had a contract with the home office to house long stay people.
This contract was signed in may. The travel firms were apparently informed. I booked in July.
The original hotel had been housing long stay tenants since may.
Hotel management informed us on complaint that the hotel should not be open to members of the paying public .

So complaints sent to trace company and hotel.
Zero acknowledgment
Contacted travel company who say that they are in dispute with hotel who have accused us paying guests, that we are discriminatory and won't be getting a refund!

We are discriminatory because we complained that we have paid to stay in a hotel housing displaced people, with the travel companies knowing.
We complained about the lack of cleaning. That the hotel wasn't COVID secure. There are other issues that I couldn't complain about.
Now my friend has just finished cancer treatment. I took her there for a relaxing fun weekend away . Her immunity isn't as strong as it was and was upset about her health being put at risk.

They are threatening us with legal action if we don't retract the complaints. 14 complaints all stating the same , all with photo/video evidence.

Anyone please know where we stand?
We are not racist or as they put it discriminatory. We were paying guests and both hotel and travel firm knew what was going on .

OP posts:
prh47bridge · 16/11/2021 11:34

I'm not clear who you have complained to, but they cannot take legal action on the basis of complaints. That is ridiculous. They could try to sue you for libel if you have posted the complaints publicly but they won't succeed if you can show that your complaints were true.

Regards getting a partial refund, the question is whether your contract was with the travel company or the hotel. You need to check the travel company's terms and conditions. If they were acting as agents for the hotel, your contract was with the hotel. If not, your contract was with the travel company.

If you paid by credit card, your credit card provider is jointly liable. It may be easier to get a refund from them than from the hotel or travel company.

If all else fails, you can take legal action. This would be a small claim, so you do not need a solicitor. Before taking action, you need to write to the hotel or travel company (whichever is liable) setting out the facts, stating what you want for them, giving them a deadline to respond (4 weeks is normal) and saying that you will take legal action without further notice if they do not respond.

drinkingwineoutofamug · 16/11/2021 11:55

Thank you for your post @prh47bridge
I complained to both the travel company and to the hotel.
Both are blaming each other.

Now seen though that the hotel are no longer taking bookings.
But the travel company are still advertising the trip with incorrect information.

I have requested the cost of the hotel stay , half board even though the food was that bad we couldn't eat there.

OP posts:
careerchangeperhaps · 16/11/2021 11:58

Did you pay on a credit card? You can try and claim via them. Contact your card provider and Google 'section 75 refunds'.

drinkingwineoutofamug · 16/11/2021 12:08

That's my next job
Only found this out last night

OP posts:
prh47bridge · 16/11/2021 12:10

Complaining to both is fine but you need to figure out which one your contract is with as that is who should refund you.

drinkingwineoutofamug · 16/11/2021 12:22

I'm reading the travel firms trading charter to see what that says .
Thank you for your help

OP posts:
drinkingwineoutofamug · 24/11/2021 15:57

Had a cheque for £25 compensation.
So not impressed

OP posts:
prh47bridge · 24/11/2021 17:48

If you think it is inadequate, do not accept it. Send a letter before action as per my earlier post stating how much compensation you think is due.

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