False advertising/Mis-representation?

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Remy

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Hello,

I am based in the UK and I booked a holiday with a UK on-line, ABTA/ATOL recognised holiday company on Monday 14th July 08 which departed on Friday 18th July 08. On Friday 18th one hour before leaving home, the travel company phoned me and said that the hotel I had booked was not available. They said we were being put in a different hotel at a completely different resort! At this late stage I didn't really have much choice in the matter and said that when I arrived, if I was not happy I would be looking to change hotels. Upon arrival, the hotel provided was not a location we would have chosen but there was no other alternative offered by their local rep. Instead of a beach front hotel in the resort of our choice we were put in the centre of a town overlooking very poor quality and badly maintained apartment blocks, 1km from a beach.

We visited the resort where the original hotel we booked is located and found it to be half built and still under construction - and took photos. Do we have grounds for compensation as we did not receive the product that they advertised on the internet as available? Was this false advertising and/or mis-represenation? Surely under the trade description act they should not have been offering a hotel that was not even completed? They did not fulfil their part of the original contract of sale.
We would be grateful for your advice on this matter and whether we could take action for some compensation?
Your replies would be much appreciated. Thank you.:)
 
I'd say you have grounds for compensation. I'd speak to them first and then send them a demand letter stating the compensation you're looking for as a result of their clear breach of contract. I'd be hopping mad. I might even send a photo to let them know I meant business. Before going to small claims court it's always good to see what you can settle first. If you don't get satisfaction, it's an available remedy provided you have a good faith case, even if you may or may not win. Best of luck and hope you at least enjoyed the vacation.
 
Thank you so much for your reply.

We have composed a letter and see how we get on with that first. But am encouraged that if we do not get anywhere then you consider that we have a good case to go to small claims for some compensation. These holiday companies always try to wriggle but I truly believe this time they won't be able to because of the misrepresentation.

Remy:)
 
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