Travel Agent - Wrong Information

[Tkzb01]

My question to the agent read:
"Could I also just double check that the ……….. includes breakfast? I know it says room only but you advised on the phone that they do the complimentary buffet breakfast"
The agent replied with:
"Yes you are right.
Even tho it does say room only, they do a complimentary buffet breakfast"


I'm not sure how they can contest the issue. The question and response were pretty clear in my mind.

[DisneyDaffodil]

As you have written proof that you booked the hotel with breakfast included, I feel you have rights.
1. Contact the travel agent in writing and keep copies. Also ring them and speak to the manager and explain the problem and tell them you will take the matter further if not resolved. Be polite and do not lose your temper, just state that you feel they misled you as the email clearly includes breakfast. Be careful of your replies to them as calls are recorded. Do not agree to anything without considering your reply first.
2. Explain politely in your letter that you booked a hotel with breakfast, clearly confirmed in their email, and now find there is no breakfast.
3. Tell them what you want. Whether this is cancelled booking and refund, change to suitable alternative or discount for not having breakfast.
4. Give them 7 days to confirm changes and say that if you do not hear from them within 7 days, you will contact ABTA/ATOL (if the ta is a member, check this first) or Trading standards if they are not a member of ATOL/ABTA (this can be done via Citizen's Advice) link to details below

citizensadvice.uk/co...onsumer-issue/

5. If you paid any of the cost by credit card, you could raise a section 75 claim. Just ring the credit card company and say that you bought a product i.e. holiday and it was not as advertised. This would raise the claim and hopefully refund the payment. But I would try the TA first.

More information here:

which/consumer-rig...oliday-booking

Hopefully, once the travel agent realises you are willing to follow the complain through, they will find you a suitable alternative so you will not need to do most of the above. Good luck 😀

[allymc316]

where are you staying?

[Adultdisneyfan]

Originally Posted by Tkzb01

My question to the agent read:
"Could I also just double check that the ……….. includes breakfast? I know it says room only but you advised on the phone that they do the complimentary buffet breakfast"
The agent replied with:
"Yes you are right.
Even tho it does say room only, they do a complimentary buffet breakfast"


I'm not sure how they can contest the issue. The question and response were pretty clear in my mind.

See more...

That I think is your problem. I assume (you need to check this) that it’s the hotel who have withdrawn the complimentary breakfast. Their terms and conditions will allow that.

I genuinely hope you get it resolved satisfactorily however I think the best you can hope for is a cancellation with full refund.

[allymc316]

Originally Posted by DisneyDaffodil

4. Give them 7 days to confirm changes and say that if you do not hear from them within 7 days, you will contact ABTA/ATOL (if the ta is a member, check this first) or Trading standards

See more...

personally, I wouldn't bother with this. The threat of ABTA is like a chocolate teapot in my opinion. By the time they get it sorted your breakfast will of been well and truly digested

I would try and resolve with the TA if you get no satisfaction send them a letter before action and take them to small claims. The whole thing would be sorted in 4 weeks.

[Tkzb01]

Originally Posted by Adultdisneyfan

That I think is your problem. I assume (you need to check this) that it’s the hotel who have withdrawn the complimentary breakfast. Their terms and conditions will allow that.

I genuinely hope you get it resolved satisfactorily however I think the best you can hope for is a cancellation with full refund.

See more...

I have checked with the hotel and they have advised that they have never provided breakfast

[allymc316]

Originally Posted by Adultdisneyfan

That I think is your problem. I assume (you need to check this) that it’s the hotel who have withdrawn the complimentary breakfast. Their terms and conditions will allow that.

See more...

OP would not have been privy to the hotel's terms and conditions as they booked with a TA. Had they booked directly with the Hotel then this would be the case.

The OP's contract is with the TA. OP should claim off TA for misleading advice. It's up to the TA to provide accurate information. The OP even went as far as to question the TA specifically about this and got a written response stating free buffet breakfast. In my opinion, there is no grey area and I am firmly on the OP's side

[Adultdisneyfan]

I’m not saying I aren’t on the OPs side - I am - however I am giving my take (following my friends battle the other year).

It all boils down to the contract. If your contract say B&B then you have a case and should win. If room only with comp breakfast that is more vague and arguable from both sides.

In saying that if the hotel never offered breakfast that is clear misrepresentation from the TA and again should be winnable from your perspective.

You need to be clear what you want. Is it compy? Is it the breakfast? Or is to the ability to cancel without charge?

[Adultdisneyfan]

Originally Posted by allymc316

OP would not have been privy to the hotel's terms and conditions as they booked with a TA. Had they booked directly with the Hotel then this would be the case.

See more...

I agree. However a “complimentary breakfast” is discretionary. That’s why it’s not advertised as B&B which is clear.

Anything offered complimentary can be withdrawn at any time. I don’t agree with that however that’s how it is.

I’ve staying hotels where comp WiFi was offered at time of booking. On arrival it had been withdrawn. In that case I did get the hotel to waive the charge however they had no obligation to do so.

It does however appear the TA are definitely at fault as the hotel never offered comp breakfast. Which should be good news for the OP

[allymc316]

definition of Complimentary -

complimentary
kɒmplɪˈmɛnt(ə)ri/Submit
adjective
1.
expressing a compliment; praising or approving.
"Jennie was very complimentary about Kath's riding"
synonyms: flattering, appreciative, congratulatory, admiring, approving, commendatory, laudatory, highly favourable, glowing, eulogizing, adulatory; More

2.
given or supplied free of charge.
"a complimentary bottle of wine"

It would not be discretionary as it was advised to be part of what the OP booked.