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#Post#: 18982--------------------------------------------------
Hotel denied rooms with a confirmed payment and reservation.
Advice on what should be done next time?
DIR By: kno
Date: April 3, 2024, 6:19 pm
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I recently went on a family vacation, which was quite eventful
(If you have seen my earlier post). Now, I need advice on this
one.
I had booked 2 (a small and a large) rooms in a well-known hotel
(branch name - T) directly from their official website. Check-in
time was 3 pm on Mar 29th. When we reached around 10 pm - 10:30
pm, the people at the reception stated that they cannot give us
rooms as they were overbooked, and our rooms have been given to
someone else. They mentioned that its a known process across the
hotel industry (I knew this happens with airlines), and we
should have called to confirm our arrival. This booking was of
course paid, and booked more than a month in advance.
Keeping a calm mind, with kids and 2 families in the car, I was
looking for options like opting for 2 small rooms, talking with
them to find out arrangements, why didn't they call to notify
us, etc. Somehow, they offered to put 1 family in this branch T,
while they can accommodate the other family in branch X which is
30 mins between X and T. Now, I was the sole driver, and this of
course seemed mad. So, I asked them to check if both the rooms
can be accommodated in the other branch X, rather than dividing
us up, which worked in our favour.
I generally call up the airbnb bookings as they are mostly
families, and sometimes, they may not be set for travellers on
odd times, but for hotel chains, this seems absurd.
How do you experts generally tackle this kind of situation? What
are the general guidelines on complaints? Any other advice?
#Post#: 18986--------------------------------------------------
Re: Hotel denied rooms with a confirmed payment and reservation.
Advice on what should be done next time?
DIR By: slapdash
Date: April 4, 2024, 2:52 am
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I successfully avoid this by never booking with Travelodge.
Their T and Cs say they overbook and whatever algorithm they use
is somewhat poor.
They even do it on non refundable bookings hoping you will be a
no show. (They do refund under these circumstances of course).
It is true that it's commonly done. Generally confirming an
arrival time reasonably early in the day helps. That assumes you
can actually speak to a human at your intended destination.
#Post#: 18988--------------------------------------------------
Re: Hotel denied rooms with a confirmed payment and reservation.
Advice on what should be done next time?
DIR By: peodude
Date: April 4, 2024, 4:07 am
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It's a wonder that overbooking for something prepaid is actually
legal. As you've paid in advance then not turning up doesn't
affect the hotel, unlike a restaurant or hairdressers etc.
#Post#: 19061--------------------------------------------------
Re: Hotel denied rooms with a confirmed payment and reservation.
Advice on what should be done next time?
DIR By: ivanleo
Date: April 4, 2024, 6:31 pm
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It might be sharp practice but I don't think it's illegal.
#Post#: 19513--------------------------------------------------
Re: Hotel denied rooms with a confirmed payment and reservation.
Advice on what should be done next time?
DIR By: Tikli Chestikov
Date: April 11, 2024, 10:36 am
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--- Quote from: cp8759 link ---
>
> It might be sharp practice but I don't think it's illegal.
>
--- End Quote ---
It's a breach of contract (you've paid for something that the
other party hasn't provided).
Not illegal and your remedy is via the Small Claims Court if the
other party doesn't refund.
But they always will which leaves them free to chuck into the
bin any letters you send them demanding compensation.
#Post#: 19525--------------------------------------------------
Re: Hotel denied rooms with a confirmed payment and reservation.
Advice on what should be done next time?
DIR By: slapdash
Date: April 11, 2024, 4:15 pm
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I don't think it is.
If you read the T and C Travelodge provide they tell you they
will try and provide you the booked room honest. But if we can't
we'll try and provide you another locally and if we cant then we
will give your money back.
Whether or not that holds up as a fair term if challenged who
knows. But they didn't breach it.
#Post#: 19541--------------------------------------------------
Re: Hotel denied rooms with a confirmed payment and reservation.
Advice on what should be done next time?
DIR By: ivanleo
Date: April 12, 2024, 3:10 am
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--- Quote from: Tikli Chestikov link ---
>
> [quote author=cp8759 link=topic=1588.msg19061#msg19061
date=1712273478]
> It might be sharp practice but I don't think it's illegal.
>
--- End Quote ---
It's a breach of contract (you've paid for something that the
other party hasn't provided).
[/quote]
Have you read the contract?
#Post#: 19554--------------------------------------------------
Re: Hotel denied rooms with a confirmed payment and reservation.
Advice on what should be done next time?
DIR By: andy_foster
Date: April 12, 2024, 6:12 am
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If the contract is for accommodation at a specified time and
place, between a business and a consumer, it is difficult to see
how any exclusionary clause beyond force majeure (Acts of God)
could be effective. Also, due to the nature of the service being
provided, such a clause would seem to be onerous on the victim
and would need to be advertised prominently.
If the other party breaches the terms of the contract, you are
entitled to be put into the position (or equivalent) that you
would have been if they did not breach the terms. "Oh well, we
double sold the rooms on the probability that x% would not show
up, tough luck - they did, here's your money back" is not
putting the consumer back into the same position. Considering
that hotels typically charge extra for cancellable bookings, it
would seem perverse to say that they can cancel because you lost
their gamble and simply refund your money
There seems to be an overlap between "sharp practices" and
offences contrary to the Consumer Protection from Unfair Trading
Regulations 2008 - which largely equate to fraud but without the
requirement to prove intent, however, I am not aware of any
specific offence that would seem to fit the facts naturally.
They have in effect taken something away from you that you had a
legal right to, but I am not sure that theft would apply to an
intangible, or that it is "yours" until you have taken
possession.
Conning you into believing that you were booking a room, as
opposed to the possibility of a room if enough customers failed
to turn up, is potentially a misleading trading practice
(CPUTR), if the average consumer might not have booked if they
were aware of the scam.
#Post#: 19562--------------------------------------------------
Re: Hotel denied rooms with a confirmed payment and reservation.
Advice on what should be done next time?
DIR By: guest968
Date: April 12, 2024, 9:05 am
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It would need someone with enough money to pursue it through the
courts hoping for a favourable decision which would establish
case law.
#Post#: 19563--------------------------------------------------
Re: Hotel denied rooms with a confirmed payment and reservation.
Advice on what should be done next time?
DIR By: Southpaw82
Date: April 12, 2024, 9:09 am
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--- Quote from: Scientist and Saint link ---
>
> It would need someone with enough money to pursue it through
the courts hoping for a favourable decision which would
establish case law.
>
--- End Quote ---
Sue in small claims - win - no case law.
Sue in small claims - lose - appeal to a Circuit Judge - win -
no case law.
Seems like they’d have to lose at least twice to get the case to
a level where (binding) case law would be created.
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