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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I purchased 2 hotel rooms advertised as a limited special offer,

Resolved Question:

I purchased 2 hotel rooms advertised as a limited special offer, the booking company are saying I cannot have the category room on my printed receipt I have to pay extra?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I ask the booking agent concerned so I can check their terms please?
  2. From what you say you have paid for the rooms and have a confirmation of your booking specifying the type of room and date booked and you can attend the hotel on that date?
Customer: replied 2 years ago.

Agoda, yes I am attending on the date I booked

Expert:  Joshua replied 2 years ago.
Many thanks. If you could just bear with me whilst I look at their terms. Is the confirmation email you received made subjsect to any final confirmation or anything of that nature?
Customer: replied 2 years ago.

Thanks, ***** ***** the booking reference number and allocated a new reference for the rooms they want me to take

Expert:  Joshua replied 2 years ago.
Thanks. I have just read their terms. So to be clear, once you made your booking, did they send you a confrimation email and accomodation voucher for the rooms you wanted and are not seeking to change them or did you not receive such a confirmation email and instead they have contacted you seeking to change them?
Customer: replied 2 years ago.

they sent a confirmation email for the rooms I booked, followed swiftly by another email confirmation for the downgraded rooms they want me to accept.

My first email for the rooms I want is headed, Thank you Stephen, your booking is now complete.

Expert:  Joshua replied 2 years ago.
Thank you very much for the above. According to their terms, "By making a booking through the Site, you make an offer to book a reservation at the price listed for such reservation and such other terms and conditions stated on the Site, which shall become a binding contract when accepted by Agoda, which in turn means the reservation has been confirmed by the Accommodation. We will indicate the acceptance of your Accommodation booking via an e-mail confirmation (with a voucher for prepaid Accommodations)."I have highlighted the relevant part above. Accordingly, on the basis that you have received a booking confirmation email with your accommodation voucher which from what you say is the case, there is a binding contract and the agent cannot seek to change the terms of that agreement without your consent. they could upgrade you on the basis that they are providing better rooms but cannot downgrade you.Based on their conduct you would have three options assuming you are not prepared to accept the alternative rooms: 1) reject their proposed offer and demand a refund of the money paid or 2) reject their offer and advise that you will require the rooms you booked and if you are required to pay any more for them you will look to the agent for the difference or 3) accept the replacement rooms on condition of a partial refund for the difference in value between the two room standards.If you wish to claim a refund in any of the above three situations, the simplest way to obtain one is to contact your credit or debit card provider and ask them to process a chargeback under the Visa or MasterCard chargeback rules on the grounds of breach of contract on the part of the agent. The provider will ask you for evidence of the breach of contract which would take the form of the booking confirmation and any lower room standard you were ultimately provided and and refund the demand of monies back to your account whilst they investigate and a final decision. In the event you are not satisfied with the card provider's decision, you can refer the matter to the financial ombudsman for an independent determination though I would hope this would not be necessary:http://www.financial-ombudsman.org.uk/consumer/complaints.htmI hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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