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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25424
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Claim against first choice because ,not satisfied with the

Resolved Question:

Claim against first choice because ,not satisfied with the holiday they supplied us with we booked a 4 star hotel all inclusive. We aren't. The only people to make a complaint I've put in a written complaint I also complained at the hotel by filling in a complaints form Ie been into there SHOP in great Yarmouth and was told they are having trouble with THERE computers.This has been going on since the 19/Oct 2013 all they keep doing is delaying with excuses after excuses.My wife and I have stayed at a lot of 4 star hotels and that was definitely was not a 4 star hotel
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Are you able to briefly summarise your complaints in respect of the holiday. Was it just the standard of hotel or other issues too please? Do you have specific issues you can point to re the hotel standard?

Joshua :

Was the holiday a special holiday - e.g. an anniversary or honeymoon, or just a typical holiday one goes on during the year?

Customer:

Plate

Customer:

Played £1600 for a week's holiday for two in corfu played for a 4 s

Customer:

Payed £1600 for one weeks holiday for two in corfu at a 4star hotel and got a3star we've stayed in a lot of 4 star hotels and this was not one we were not the only people to complain the place was falling apart the food was cold the lack of it as well .all the rules at the hotel were totally ignored ie air bed & ball in swimming pool and at night dress wear was completely ignored in the dinning room .Although there were signs with the rules pencilled a complaints form in at hotel ,I've got a picture on my phone of that,I've filled a complaint form in on line,and I've been in there SHOP at great Yarmouth as well.

Joshua :

Thanks. Did the hotel itself claik to be 3 star or 4 star please - if it makes any reference to a start rating at all?

Joshua :

sorry claik = claim

Customer:

The hotel was not up to standard it was a 3 star not a 4 ,we've stopped in a lot of 4 star hotels.it was shabby dirty ,the food not enough choice. It was like staying in a Y.M.C.A. This has been going on since 19th Sept2013, all we keep getting is fobed

Joshua :

Thanks - could I press you on the point as to whether you have evidence that the hotel is actually a three star hotel (ie. it describes itself as such or is listed officially as a three start hotel) or whether it is your opinion that it is a 3 star hotel. It is not that I doubt your assessment - it is simply that your claim may progress in a sllightly different manner depending upon the answer to this point.

Customer:

We were married in Sept but the 29th we try to get away in Sept to celebrate our anniversary

Customer:

The hotel in first choices brochure said its a four star but I've found other brochures being a three star.

Joshua :

Thanks - finally could you confirm whether this was a package holiday - e.g. the agent booked flights and hotel for you and you paid the agent or whether you organised your own flights and just booked the hotel though the travel agent?

Customer:

Yes this was with first choice never again.

Joshua :

Thanks. The position with holidays with which you are bnot satisified can be divided into claims for actual losses you suffer - e.g. additional expenses you actually incur. This might be things like additional taxi fares due to failure of transfer transport to turn up or additional charges incurred by a hotel to provide a standard of accomodation you booked. The other head of claim you can potentially pursue is for loss of enjoyment. The question of whether you can claim for loss of enjoyment depends on all the circumstances of your holiday. If you can demonstrate for example that it was a particularly special holiday, for example an important anniversary this can assist in your being able to claim more compensation than perhaps otherwise would be the case. You would need to set out in detail why you chose the holiday and specifically how your enjoyment was spoilt. If you can demonstrate that the holiday was ruined by reference to the facts you set out in relation to the circumstances as above it is in principle possible to claim the whole price of the holiday for loss of enjoyment. However, this is only possible where you can demonstrate that the holiday was ruined and you obtained no enjoyment from it at all. You cannot claim for loss of enjoyment if what happened was out of the company’s control e.g. natural disaster.

Joshua :

If you cannot demonstrate that the holiday was ruined which may be the case here if you did obtain some albeit compromised enjoyment you would not be able to claim a full refund but this does not mean that you cannot claim damages by way of compensation. This is a question of judgement for you and ultimately a judge if the matter proceeded to court based on the evidence you can provide.

Joshua :

To claim compensation the evidence must show to a reasonable person that enjoyment is likely to have been substantially damaged as a result of the issues you outline. These matters are principally one of judgement and if you feel you have substantive evidence of the issues you encountered and made complaints at the time you may wish to attempt a claim for breach of contract on the grounds of parts of the holiday not being as described and / or not of satisfactory quality under the Supply of Goods and Services Act against the travel agent if this was a package holiday.

Joshua :

You would certainly appear to have grounds to pursue a claim for the difference in price between a holiday booked with a three star hotel of equivalent quality to that you stayed in and a four star hotel of the level you were led to expect on your holiday but as above may be able to claim further damages for loss of enjoyment on top of this.

Joshua :

If you decide you have no option but to issue proceedings the simplest and cheapest way to do so is to use the courts online issuing service.

Joshua :

https://www.moneyclaim.gov.uk/

Joshua :

Is there anything above I can clarify for you any further?

Customer:

  • Thank you for your help can I put in a claim in the small claims court we did not enjoy our selves we went on several excursions to get away from the hotel if we were stopping g for two weeks we would have asked for a move to another hotel.

Joshua :

Certainly. If you are forced to pursue the matter in the small claims court you will need to show 1. the evidence you have that the hotel is 3 stars not 4 as discussed above and that the hotel was described as 4 star by the agent showing evidence from their brochure. This places your claim on a solid footing in terms of claiming the difference in cost between a 3 and 4 star hotel at the least. From there you can seek to show the judge by reference to specific evidence why you enjoyed yourselves so little. It is not enough just to say you didn't enjoy yourselves; you need to make reference to specific evidence as to why you did not enjoy yourselves to show the judge the what you say is reasonable. It is important to mention that you complained as soon as possible at the hotel and refer to the complaint form you completed. Picture evidence can also be useful.

Joshua :

Is there anything else I can help you with?

Customer:

No thank you very much

Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

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