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Holiday Problem Help - Small Claims?

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owl10
Could Be A Chat Bot



Joined: 09 Apr 2010
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PostPosted: 16:56 - 11 Jul 2011    Post subject: Holiday Problem Help - Small Claims? Reply with quote

My time to ask the oracle, it seems....

Keeping it short, Back in January me and 5 other guys booked a holiday to the Mallorca Rocks Hotel in Magaluf.

https://www.ibizarocks.com/mallorca-rocks/

On getting there friday before last (1st) we were told that the hotel had been overbooked, and that we would be "upgraded" to all inclusive for 3 nights at a "better" hotel.

We were told that this had been accepted by the travel agent (first we'd heard), and were told in no uncertain terms, at 1am in the morning, that if we didnt acceot we'd have to find our own accomodation as we werent able to stay in the Mallorca rocks hotel. So we said okay, and we were sent to this place:

https://www.tripadvisor.co.uk/Hotel_Review-g580303-d290097-Reviews-Marina_Barracuda_Hotel-Magalluf_Majorca_Balearic_Islands.html

The place was a dive. Admittedley, it had the same star rating for accomodation as the Mallorca rocks, but the reason we chose the Mallorca rocks was due to the entertainment and location, and the pool (the barracuda had what I can only describe as a paddling pool about 5m x 7m)

Adittionally we were sent to the 6th floor (all 3 lifts out of order)and the aircon in our room didnt work - hotel staff couldnt care less.

After 3 nights we moved into our proper hotel and the holiday got much better.

Now, although we had a great time anyway, I feel a bit ripped off. I mentioned this to the manager of the mallorca rocks, but he said as we had accepted the replacement hotel there was nothing he would do. We called the travel agent several times on holiday but nothing was resolved to anywhere near satisfactory.

So, Im going to contact the travel agent and request 3 nights of the value of the accomodation as a refund, I feel this is only fair. As 6 lads on a booze up holiday we didnt exactly have high expectations of the hotel accomodation, but didnt think it'd be too much to expect to stay in the hotel we'd booked 6 months ago.

Before I do so, on a legal (or moral) basis I'd like to know where you lot think I stand, and would it be worth pursuing down the small claims route if the travel agent (local independent) doesnt want to play?

I know a few of you on here have had experience of the small claims route, what would you suggest?

Cheers
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Kwaks
I'm not a fast rider



Joined: 28 Jan 2006
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PostPosted: 18:50 - 11 Jul 2011    Post subject: Reply with quote

is there a price difference between the hotels? this is the refund you should be chasing along with compensation for the issues such as lift/pool etc.

tbh, standing in the middle of the travel agents at a busy time loudly demanding why they think named accomodation is not what it states and 6 young vulnerable people are sent to a sub standard htel miles from the original destination, being apart from the rest of the party booked at the rocks, all in the middle of the night is acceptable may get the result you desire.

As you need to claim your own refunds, one from the party occupying each seat in the travel agent will work best. do not move until the issue is dealt withor police called (tell them its a civil matter subject to legal proceedings. If they wish to interfere you need all their names and numbers to call as witnesses. they should back off then lol)
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Phoenix
Twisted Firestarter



Joined: 01 Aug 2002
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PostPosted: 22:12 - 12 Jul 2011    Post subject: Reply with quote

The problem you may have will be in the small print when you booked, it could well say that in certain circumstances actual accomodation may vary and an equivalent substitute will be made. They're unlikely to have done it unless you actually agreed to something similar happening when you paid for the holiday, even if it was unwittingly. I can see the problem, the hotel you chose is clearly better and has selling points, and you didn't get it, ever tried booking a hire car? You'll also never get what you ask for, but it's written into the contract.
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