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holidaylover

Misrepresentation/omission?? What can i do here?

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Hi guys.

 

2 weeks ago I booked a package holiday to the Rotana resort hotel in Hurghada in Egypt with Thomas Cook on their website. The departure date is set for the 10th july for 7 days.

 

I had initially planned on booking for the Marriott but the Rotana sounded great on Thomas Cooks site so i booked that hotel instead. also it was a little bit cheeper.

 

We received our paperwork from thomas cook (on behalf of Direct holidays) this afternoon. The paperwork informed us that there is massive renovation work going on with the hotel and for the forseable future. The whole front of the hotel will be closed/worked on (- no lobby!!) as well as a large number of the rooms (it seems the rooms are whole units like 1 bedroom bungalows basicaly). They also stated that the resort is over 20 KM away from the town (isolated basically).

 

I am very dissapointed as my fiance and i were rreally looking forward to a long awaited and well needed relaxing beach and sun holiday at a nice hotel and now we are going to be waking to the noise of drilling, workmen etc. We booked the holiday and that resort because we wanted to be in a nice and pretty environment - its going to be a messy building site!

 

It wasnt mentioned at all on thomas cooks site that there was any work going on at all! Neither did it say that it was a totally isolaed resort (if you'll be able to call it that) in what is essentially a desert!

 

To me this is totally unacceptable!

 

I tried calling thomas cooks customer service numbers (0870 numbers) and was on hold for over 45 minutes this afternoon. I am going to go into their local branch tomorrow and talk to them.

 

The problem is now the marriot that we would have booked is much more expensive that it was before. What can i do? Please help!

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ok so iv spoken to the customer services guys eventually!

Turns out on thew website there was a small link saying "important info about your holiday" (that honestly wasnt noticable). you click the link and it opens a box that has this written in it exactly as below (in blue for my purposes):

 

"

Essential Information

 

please note, a fuel supplement of between £5pp-£15pp - depending on destination is applicable to all new bookings. further details can be found on viewdata and on thomascook.com. financial protection: £1pp of the cost of this holiday package is paid to the caa to provide atol protection to you. your money is fully protected under atol number 1179. this is shown on your invoice as the atol protection contribution (apc). this is a late holiday booking, subject to supplementary late terms & conditions shown on our website/ viewdata system. t/cook booking conditions apply - see our website or latest brochure featuring your chosen destination which contains essential holiday information (including passport, visa, health, travel advice). if applicable: supplements as per quick costing screen/invoice. 15kgs luggage allowance per adult/ child is included. optional 5kg extra allowance is available from only 15gbp shorthaul/ 35 gbp longhaul. charge for 5kgs extra is only available at time of booking Essential Information

 

and will show on the holiday costing. 5kg extra can be deselected at time of booking but not after booking confirmed. charges may apply if you exceed allowance shown on flight tickets. if applicable: rooms will not take maximum occupancy plus a cot. the coral beach rotana resort is located 22km from the resort centre of hurghada. the squash and health and beauty centre are unavailable. work is underway at the coral beach rotana to construct additional seaview rooms, and to renovate the existing rooms to improve & maintain standards. work is also taking place close to the entrance of the property to build new offices. the work areas are screened however, work is still visible when in and around the property. the work that is being performed will involve using a variety of tools and machinery,which will include diggers.due to the nature of the work noise and visual disturbance will be experienced, however the hotelier is committed to ensuring guests have an enjoyable stay. this property is the same as coral bea Essential Information

 

ch rotana on page 301 of the airtours summersun brochure 3rd edition"

 

EXACTLY AS ABOVE, no alerations made to it.

 

leaves the most important points about the hotel renovations till right at the bottom and doesnt highlight them at all!!! as if this stuff is no more important that the rest of that info!

 

What do you guys think?

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daft question - have you asked them to move your hotel?

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yeah, the only thing that is at the same standard is about £160 total more expensive now!

Had we not booked the rotana and gone with the other choice in the first place it would have only been £40 more.

 

So now because they were in my opinion sneeky with that info its going to cost us £120 more than it should have.

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oh and also a £40 amendment charge which according to the advisor they "might possibly" not charge us

 

so thats totally a potential £160 and at the least £120.

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I had to check something in your OP and had to open new CAG window - and saw the replies (was open in reply box with half a page of stuff typed out - and I hadn't moved past opinion and T&C's! let alone regs and misrep act - which I was going to work on!) It was the T&C's bit which was bugging me, anyway I never saw that link either. I have now.

 

Sneaky gets aren't they...open and transparent and l*ars.

 

They have likely covered their bottoms in that case. If I were you I'd still read the Misrepresentation Act for any possible nuggets, and the package regs. Might be worth a letter.

 

You also need to check how far a hotel is from where... before you book, they won't warn you!

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Hey Thai, thanks for the reply. Sneeky indeed!

Im not too bothered about the distance, i accept that one but the renovation is unacceptable.

 

And they do take their time getting back in touch!!!

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now they are telling me that because it was a late booking (booked on the 8th june for the 10th july) im not entitled to even amend it!!! Iv been on the phone all day and everyone has said i can change it to anote hotel but itl cost extra. now its ur stuck with it. either go to the rotana or loose all the holiday cost!!!! is this possible!!!!!????

its been paid for on mastercard.

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Holidaylover, when I said I have now seen the link, I meant because you posted it. I have just made a pretend booking, and sorry it was right there...I was digging in the T&C's. I'm not being horrible, and light green isn't the best colour, but they have covered their backs totally.

 

Regards to the late booking, have a look in the T&C's (quick look...couldn't find) they must define this in your contract I would have thought.

 

If only these people we totally open & transparent...but they aint, but we must read the T&C's...it's a world we live in. (not wishing to patronise) They have a gazillion things to comply with too, though I know they could have made it clearer.

 

My advice is put it down to experience and pay the extra (what can we do now?) or try and have a blast anyway with your booking. I'm not being funny...I know about the waits and the premium numbers, and can imagine your frustration....but until somehow we know exactly where we stand with uber clear terms, we have to put up with them...and I know how bloomin' sneaky they are at times (well, mostly).

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You mention Mastercard, I don't think it's a chargeback situation.

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Thanks a lot for your your input Thailand :)

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