Sunday, August 22, 2010

Trading Standards UK - Legal Advice Question With Regards To My Honeymoon Holiday Booking?

We booked a holiday 10 months ago for our honeymonn which is in less than 3 weeks away.





Our travel agent has contacted us today, and said ';due to a failure in the system'; our accomodation has got to be changed. They have offered us a 4 star, in return for the 5 star that we booked! They're saying the hotel they're offering is ';local rating 5 star'; but it's officially a 4 star. We booked a 5 star, it's our honeymoon!





We're obviously very very angry about this but need to know where we stand legally. They have offered us a full refund (we can only have a refund on hotel as flights are booked with a separate company) but that is pointless now because the prices have ';shot up'; now it's only 2 weeks away, we would only get a 3 star now for what we paid for a 5 star 10 months ago.





Don't they have to offer us the equivalent of what we booked? We booked an official 5 star rating hotel and expect the same to be offered.





We're now days away from our wedding and this is just spoiling the whole occasion! We've been looking forward to our honeymoon for so long now and this is just horrible. We've done nothing wrong, they're at fault!





The company is travelrepublic.





I would be so grateful for someone's advice that's ';in the know';. ThanksTrading Standards UK - Legal Advice Question With Regards To My Honeymoon Holiday Booking?
Good news... They are in breach of contract if they do not give you the accommodations you have paid for.





Bad news... your recourse is to void the contract and get your money back.





Now, you ';could'; get your money back, re-book the accommodations you originally booked - at the higher price - and then sue the travel agent for the damages you incurred - i.e. the extra you paid.





BUT... first you'll have to pay up front, then you need to be VERY sure there's no language in the travel agencies TOS that says something like ';we are not responsible for consequential damages';.





Richard

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