Urgent help needed: Hotel manager left 4 adults on street

[puqq]

I am writing this message in a sleeping bag in a dorm corridor. At least it's quite warm in here.

 

This Saturday (2 July 2011) is the day when I graduate from the university with a MSc degree in Natural Sciences. This is an one-in-a-lifetime event, for which I invited my family to come over to the UK (I'm an international student from the EU).

 

I have made the booking via (Hostelbookers dot com) for a guesthouse in Cambridge on 7 May 2011 for three nights starting today (Friday, July 1st), and have paid the deposit using Visa Debit. It was agreed to pay the remaining cash on arrival. However, yesterday (Thursday, June 30th) the hotel manager called me and recommended to look for alternative places to stay, because, due to the airlines strike, the people currently accommodating the dedicated room cannot leave. I did my best to find a place, but nothing affordable was available- the graduation weekend is a big thing here.

 

Today I made sure I knew all my rights and also registered a case with the consumer rights protection agency. Afterwards, I went to the hotel and tried to somehow get a room for my family, or, in the worst case, a full compensation for a price difference of a new booking. However, the hotel manager was rude, and even somewhat offensive. He did not want to hear about any compensations and asked me to leave. He said, he would not go into any verbal discussions, but email me instead. After leaving the hotel I called several emergency numbers (obviously, all of the aforementioned calls have been recorded by the agencies. They should provide a substantial time record).

 

Several hours later (probably around 20h) I received an email from this guy saying he is cancelling my booking, as no Credit/Debit card information has been provided. He also claims I have ignored his previous warning. Clearly, I have NEVER received any warnings about providing Debit card info. Also, I have registered my claim in several institutions well before this email.

 

 

 

 

 

 

 

 

I would like to know, whether it would be possible to have the direct expenses repaid (we had to buy sleeping bags, inflatable beds, etc). Also, I have not studied for 4 yrs to go to my graduation barely alive- I would like a moral compensation for extreme difficulties this preposterous behaviour has caused to me and my family. Would you please recommended agencies I should contact as soon as possible?

 

Thank you for you help and understanding... Also, please excuse my grammar- this day was a pure nightmare, and I'm dead tired.

Edited July 2, 2011 by puqq

[perplexity]

I would not have expected a hotel to be bound to a booking unless a room was already paid for, and would not be so completely surprised were a paid for booking to fall through. Not so long ago I turned up to a hotel and found that the proprietor appeared to be completely unaware that a booking was made and paid for, online, by way of an agent. C'est la vie. Fortunately, they had a room to spare, anyway.

 

I notice that Hostelbookers dot com offer to book but with "No service charges or booking fees". If no consideration passed from a client to the service provider, there was no enforceable contract.

 

Otherwise, what sort of consideration would you purport to have parted with?

 

As time goes by you may eventually learn that something for nothing is not quite so easy to discover, in the world of commerce.

[honeybee13]

Hello there. I'm sorry you're going through this. Can the university help you at all?

 

My best, HB

[puqq]

Hello there. I'm sorry you're going through this. Can the university help you at all?

 

My best, HB

 

Thanks for your advice. At the moment, I have it all nearly sorted out- the solution was not comfortable, nor fancy, but at least we had somewhere to sleep. Sort of.

 

Now I am more interested in the legal aspects of the issue:

 

1. Who should I file the claim with?

2. Is it possible to have a reimbursement for the moral damages? I am willing to start a lawsuit if necessary.

[perplexity]

Who do you hope to claim from?

 

Hostelbookers terms and conditions especially disclaim a liability in the event of an "industrial dispute":

 

Cancellations & amendments to confirmed bookings by the Supplier(s) concerned

We will inform you as soon as reasonably possible if the Supplier needs to make a significant change to your confirmed arrangements or to cancel them. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier but we will have no further liability to you.

 

Circumstances beyond our control

Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations to you is prevented or affected by or you otherwise suffer any damage or loss as a result of "force majeure". In these Booking Conditions, "force majeure" means any event which we or the Supplier in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

—

P.S.

 

I have also noticed that this would appear to be incorrect:

 

It was agreed to pay the remaining cash on arrival.

 

This is a part for the terms and conditions that a consumer agrees to, when he books with Hostelbookers:

 

The balance of the cost of any booking of any other service, or for accommodation if detailed during the booking process and advised in writing, will be payable to us not less than 35 days prior to the date that the services are to be provided. If you do not make full payment on time, the Supplier concerned may treat your booking as cancelled by you and impose cancellation charge (please see the Supplier’s terms for full details).

 

That is more than enough of a defence to your claim, in my opinion.

 

To be sure of a booking, pay in advance. Short of that, no booking for anything is quite so likely to be fool proof.

Edited July 3, 2011 by perplexity
P.S.

[bigshoes...bigsocks]

Given the lack of activity on this thread it appears dead - I'd be interested to know what your rights are regarding this; I would have thought the hotel would reserve permission to accept/reject residents at management/hotel discretion?

 

Assuming he's returned the deposit, I'm not sure what else you could get?

[perplexity]

An action for consequential damages is possible in the event of negligence or a breach of contract.

 

That is of course why so many terms and conditions appear to limit the liability, but if you complain to a judge because a proprietor was rude, you may be surprised by the rudeness of a judge, as soon as he sees that you are the one in breach of the contract.