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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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We booked a bowling break several months in advance at a Warners

Resolved Question:

We booked a bowling break several months in advance at a Warners Leisure Resort, but on arrival discovered that only two teams of 4 had checked in - not enough to run a tournament that we had played in on previous occasions. Had we known of this in advance we would happily have rescheduled - especially as one of our team had taken a weeks leave. We also learned that they were inundated with teams the previous week, leading us to believe an admin error had led to our predicament. They offered us a pairs competition which was not an acceptable solution to any of us, but after travelling so far we reluctantly stayed. No senior manager was available, and we were told the staff could do nothing. They refunded the £15 comp. entry and also sent us wine and chocolates which in their response to our letter of complaint they deemed to have been adequate. We were all disappointed in not being able to play with our friends as a team which is why we booked such a break. Are we being unreasonable in pressing for further compensation? Barbara
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How long were you there for?

How many people went?

Did you book as a group or individually?

What was the cost?

Is there anything in the terms and conditions or their brochure which says that you will be able to participate in a tournament?

What have they offered you?
Customer: replied 2 years ago.

We were there from Mon 27/1/14 til Fri 31/1/14 (4 nights)

Four couples from various areas (Lincs, Notts,+ Kent), booked per couple.

Cost: £462.00 per couple including £30 for 'Open Fours Bowling' ' with the winner being invited to the Champion of Champions tournament'.


While we were there we registered our dissatisfaction, and they offered to refund the bowling supplement (£30 per couple) and sent chocolates and wine to the room.

The senior receptionist said there was no other manager on site til the following week.

Their Terms and Conditions:..... which can be found on their current brochure (we don't have) and website:

I can scan and fwd all correspondence and booking form if required.

Expert:  Jo C. replied 2 years ago.

You have various options. You have a substantial claim for

1. misrepresentation,

2. breach of the provisions of the Supply of Goods and Services Act (for failing to carry out the job with reasonable care and skill) and

3. for breach of contract.

There may be something in their terms and conditions which you may have agreed to particularly if you booked online which says that they cannot guarantee to provide what they are advertising. However they cannot hide behind that to avoid giving you something altogether which is what has happened here.

So, for example they may say in their terms and conditions that they cannot guarantee to provide the facilities they advertise or that they may be different. So they cannot advertise a 10 lane bowling alley and swimming pool and sauna and full sports facilities when you get there or you find is a pitch and put golf course, and for them to expect to rely on the argument that their terms and conditions say they cannot guarantee to provide what they are advertising.

This is one that I think it would be worthwhile the two of you and as many other couples as possible going to see a solicitor who may take this on for you on a no win no fee basis. I can guarantee they would but you do have a claim. It is a good claim but it is not an easy claim. The more of you joined together using the same solicitor, the less the legal fees are going to be.

In addition, a solicitor may be able to obtain after the event insurance that would pay the legal costs in the event that your claim is successful.

They appear to have almost admitted liability by refunding the entry and sending wine and chocolates, whatever they sent will be an attempt to stop you bringing a further claim and is not likely to be even approaching what it is worth. They would appear to be in damage limitation mode.

If you can all write back to the company and actually tell them what you want initially in quite a nice letter and if they don't give you what you want, then in a more forceful letter saying that you will see solicitors with a view to issuing legal proceedings they may make a bigger offer.

Whether you pursue this through the court not really comes down to whether you want to spend the time and effort doing it and how much you were really disappointed by this.

There is one caveat to this and that is that if the other two teams who did not book in genuinely failed to show, and not a figment of the Resort’s imagination they can argue that is something outside their reasonable control. They would then escape liability and if you went to court you would lose. However that is something for them to argue although if they do raise that and can provide proof of the other no-show, that is probably the end of it.

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience: Over 5 years in practice
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