Hotel letdown - where do we stand?

[nykkieberry]

To cut a very long story short, we booked a shortbreak and checked into a hotel (international chain) over Christmas; the standard of room was appalling in an unrefurbished part of the hotel. We requested an alternative room and they would not give us one. I've complained to head office but they are refusing to refund us our money - even though we left at 5.30am beacuse the room was so horrible. I understand that we are entitled to a refund if they do not offer an alternative - does anyone know if this is correct and where I can find out more? Thanks!

[Pinotage]

The room was 'appalling' and yet you spent the night there. If, when you first saw the room, you rejected it you'd have a stronger case. The hotel presumably doesn't agree its appalling. Unless you have some concrete evidence that the room didn't match the description, or was substandard in some way I don't think you have a leg to stand on.

[nykkieberry]

We had no alternative but to stay as it was too late to travel elsewhere, we had paid in advance and they would not offer us another room.The room did not match the description 'fabulous' . It was a non-smoking family room ; we found a cigarette butt under my 3 yr old asthmatic son's bed and the room had steep steps leading to the bathroom, that my son fell down. (Family room?) It was filthy, mouldy, smelly and in disrepair. I understand that if you complain and they do not offer you an alternative, then you are entitled to a refund. THe website says they offer outstanding quliaty and value for money - trades description? I am considering taking them through the small claims - I just want to know my legal position.

[nykkieberry]

I meant to add, the break was three nights - we left at 5.30am on the first morning before breakfast and left the room vacant for the remaining two nights. Yes - it was that bad!

[cupra]

Pinotage made a good point about proof - to pursue a court claim you will need to be able to show that the room was sub standard. I know hindsight is a marvellous thing, but did you have a camera with you?

Another point - if you pre-payed and left after the 1st night, chances are the Hotel would have filled the room for the remaining two nights. If they admit to doing so, you may stand a chance of at least recouping the cost of the unused 2 nights, as the Hotel wouldn't have suffered any loss.

You can draw up draft papers and present then to the Hotel without going to Court (this sometimes gives results) - and you can do it all online these days: http://www.courtservice.gov.uk/mcol/

Hope that helps (ps: I am not a lawyer)

[DavidUK]

You need to write to the head office clearly describing the problem with details of how the hotel did not live up to the description. State what you want from them (full refund, expenses such as telephone costs and compensation for your disappointment and spoiled holiday) and give them a date by which they must provide this. Give them about two weeks. Say that, if it is not resolved to your satisfaction by that date, you will start proceedings against them using the Small Claims Procedure. Send your letter by recorded delivery. I have done this sort of thing many times and it is usually successful. Also, it's best to find out the name of the top honcho (Managing Director or whatever) and send it direct to him. Hope this helps - good luck!

[nykkieberry]

Thanks David. I have written to the chain's Customer Services Manager and recived an apology of the Hotel Manager, admittance that it was their fault as the hotel is poor quality in some ares and the offer of 50% of our money back. Hardly compensation of the upset, travelling costs, etc. I jsut need to establish my legal position so that they will take my threat of the small claims seriously. Thanks!

[nykkieberry]

Apologies for the typos - the boss was looking!

[DavidUK]

I am pleased to help, Nikkie. It sounds to me that you should be offered a complete refund as a minimum. It's probably worth pushing it - persistence often works (together with the threat of legal action!). It may be worth doing as I said and going over the head of the Customer Services Manager. I once had a dispute with Boots Opticians and I was fobbed off by the local manager so I wrote to the relevant director of Boots. I got an immediate response and the local manager was made to eat humble pie and give me everything I was asking for. I have also used Small Claims in the past and, although it is fairly easy, it does take some time. But, often just the threat is enough if you convince them that that you are serious. Anyway, again - good luck!