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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just received a phone call from a hotel in Manchester

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I have just received a phone call from a hotel in Manchester where I made a reservation for two twin rooms a month ago. They are telling me I cannot now stay at the hotel as they have entered into an agreement today with some promotion company that's holding an event there to give them the whole hotel. Do I have a leg to stand on as I still want to stay at this hotel.
Thanks *****
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Chris my name is ***** ***** I will help you with this.
For now please let me know how you made the booking? Did they have any terms?
Customer: replied 1 year ago.

the booking was made through via on the 27th of April 2015

Confirmation - 29359190R Travel Hotel Booking Confirmation This is confirmation of your booking made through today via, 27 Apr 2015 Reservation Reference: 29359190R THIS IS FOR YOUR RECORDS ONLY, YOU DO


Apr 28

Expert:  Ash replied 1 year ago.
What is the cancellation terms of the hotel please, do you know?
Customer: replied 1 year ago.
Victoria Hotels and Events Terms

When you make a Booking on our website, you will be asked to click "I accept" and you will not be able to complete your Booking if you do not do this. This confirms that you accept these terms. We strongly recommend that you read the terms before accepting.

  1. Our Contract

    1. If you are a consumer (i.e. not dealing as a business with us), Victoria Warehouse (we/us) sells all rooms and extras (see Section 2.7) to you subject to these terms.

    2. A contract is formed between you and Victoria Warehouse when we issue you with a confirmation number for your room and extras (if applicable) (Booking). No booking shall be binding on Victoria Warehouse until we issue you with a confirmation number.

    3. Rooms are only guarenteed until Midnight of the first day of arrival. After Midnight we will release the room(s) to open sale.

  2. Your Booking

    1. You cannot transfer or resell your booking (in whole or in part). If you transfer or resell (or attempt to transfer or resell) then Victoria Warehouse will terminate your booking and retain any money paid to us for such booking. We may also refuse to take any further booking from you in the future.

    2. You may make a booking on someone else's behalf. You are responsible for ensuring that any customer in your booking complies with these terms as if that customer had made the booking.

    3. You can only make a booking if you are 16 years old or over. If you arrive at the hotel and are under 16 years of age you will not be permitted to stay alone.

    4. Sale rates are only available on our website www.Victoria

    5. You must ensure that the name on a booking is correct at the time of booking. Subject to section 7, this cannot be changed after making the booking.

    6. If you book ten or more rooms for the same night we will treat this as a Group Booking

    7. If you book 28 days or less before the scheduled date of arrival, you must pay in full when you make the booking.

    8. If you book more than 28 days before the scheduled date of arrival, you must pay a 10% deposit when you make the booking. You must settle any balance at least 28 days before the scheduled date of arrival. We may cancel your booking if you do not make any payment when it is due and we will not refund the deposit.

    9. (see Section 8 for special terms regarding amending and cancelling Group Bookings)

    10. The room rate excludes any extras unless we expressly agree with you otherwise as part of your booking. Extras are subject to availability and cannot be transferred to any other booking. If any extra that you have paid for in advance is unavailable upon arrival we will give you a refund of the price you paid for that extra. Extras are provided subject to these terms.

  3. Rates and Payment

    1. The rate for each room is as published on our website at the time of your Booking, or, in the case of a telephone booking as advised to you at the time of booking.

    2. All payments are due in full at the time of booking unless otherwise advised by Victoria Warehouse.

    3. You must be able to show photo identification such as a passport or driver's licence or a valid credit or debit card if you are paying by cash for a walk-in booking at a Victoria Warehouse hotel.

  4. Check-in and check-out & Smoking

    1. You can check-in from 3pm on the scheduled date of arrival. If you wish to check-in earlier, Please contact us in advance and we will inform you if this is possible or not. These services are subject to availability.

    2. You must check-out before midday on the scheduled date of departure. Please contact us in advance and we will inform you if this is possible or not. If you fail to check-out by the stipulated time, we will make an additional charge of £50.

    3. There is a No Smoking policy in the rooms. Anyone caught smoking will be charged £100. There is a designated smoking area provided.

  5. Rooms

    1. Maximum occupancy for rooms is:

      • Single Rooms: 1 adult only (single Bed)

      • Double Rooms: 2 adults (Double Bed)

      • Double Deluxe: 2 adults (Double Bed With A Window)

      • Disable Room: 3 adults (Double Bed And A Single Bed)

      • Twin Rooms: 2 adults (2 single beds)

    2. We do not permit people under the age of 16 to stay alone in our hotels. You must not leave children unattended in any roods or public areas at any times.

    3. We provide wheelchair accessible and limited mobility rooms, subject to availability. You must specify this requirement at the time of booking.

    4. You must have permission from the hotel to bring a pet into a room. You must not leave pets unattended in any rooms or public areas at any times.

    5. You must not smoke in any of our hotels or interfere with our fire detection system. If you do so we will terminate your booking. We may either (at our sole discretion) request the immediate re-payment of our costs during your stay or instruct a third party to contact you after your stay to recover our costs. The costs we incur if you smoke in our hotel include costs for specialist cleaning, repair or replacement of damage by you to our property, the cost of the room for any period it is unusable and our administration expenses.

    6. You must not damage or interfere with any items belonging to us. If you do so we will terminate your booking. We will instruct a third party to contact you after your stay to recover the costs for any repair, replacement or specialist cleaning we incur if you damage our hotel or property. If you request it, we will send a breakdown of these costs to the address used for the booking.

    7. If you do not comply with paragraphs 2 to 6 when staying at our hotel, we will terminate your booking and require you to leave the hotel immediately.

    8. The hotel has a strict 'Drinks' policy. Guests are prohibited from bringing alcohol onto the premises. Any alcohol found in hotel bedrooms will be removed by our staff, and returned at the time of departure.

  6. Cancellation

    1. you may cancel a Booking and we will not charge you for the first night if you notify us before 16:00 the day before your scheduled date of arrival.

    2. if you have a Booking for more than 1 night you may cancel or shorten your booking after the scheduled date of arrival and we will refund you for any remaining nights. We will not pay a refund for any night for which notification is received after midday. Notification must be made directly with the Hotel you are staying at, prior to noon of the day(s) you wish to cancel.

    3. We will not give a refund on a sale room rate booking and/or extras purchased with the booking.

    4. We will only make refunds to the payment card that you used to make the Booking. We will normally credit refunds to your card within 10 days. We will refund you the money you have paid (including for any extras except WIFI or SMS confirmation text extras).

  7. Changing your Booking

    1. subject to availability, you may change the length of stay, the room type and/or the scheduled date of arrival. You must notify us before midday on your scheduled date of arrival of any changes.

    2. subject to availability and conditions (the room must be the same rate at the same Hotel), you may change the scheduled date of arrival and/or the room type. You will pay the change fee for each change made. It is not possible to upgrade your room type or room rate.

    3. you may increase the length of stay, subject to availability and payment for any additional nights at rate applicable at the time the amendment was made.

  8. Amending and Canceling Group Bookings

    1. If you cancel your Group Booking or reduce the number of nights or the number of rooms required, we will not refund any money you have paid to us (including any deposit).

    2. Subject to availability and payment, you may add any additional night(s) to any Group Booking (after the dates of the original Group Booking) at the rate for the room(s) at the time you make the amendment.

  9. Relocation

    1. Victoria Warehouse operates a relocation policy. If a room is unavailable on arrival (except due to an event beyond our reasonable control, (see section 11.2)) then, we will either:

      • provide a room in another Victoria Warehouse hotel and pay the reasonable cost of transport to that alternative hotel or any applicable car park; OR

      • at your request, or, if in our reasonable opinion there is no suitable alternative hotel accommodation available, cancel your Booking and refund you any money you have paid in advance for the unavailable room(s) including related extras.

      • If you are due to pay on arrival at the hotel we will take payment for the cost of the booking and any prepaid extras. As outlined above any additional costs over and above the original cost of the booking will be covered by Victoria Warehouse. I.e. difference in room rates, reasonable transport costs, car park charges.

  10. eVouchers

    1. Victoria Warehouse operates an eVoucher scheme. We may give you eVouchers in certain circumstances. We will credit eVouchers to your My Victoria Warehouse account. You can use an eVoucher for Bookings, extras and amendments and cancellation insurance (but not for any other services provided by third parties). Any bookings that are paid for either in part or full using an eVoucher must be paid for in advance, regardless of room rate.

    2. eVouchers have a customer-specific code and can only be used by the person to whom it was issued and are not transferable. eVouchers remain the property of Victoria Warehouse at all times. We may cancel any eVouchers that are used in breach of these terms, for example we may cancel if you sell it to a third party, sell (or attempt to sell) it on an internet message board, bargains website or other internet exchange or auction site. We will not reimburse eVouchers for cash.

    3. An eVoucher is valid for 6 months from the date of issue. When it expires, we will delete it from your My Victoria Warehouse account unless you have accrued further eVouchers within this 6 month period then the date of expiry of all your eVouchers will be the expiry date of the last eVoucher issued by us.

    4. We may cancel or change the eVouchers scheme at any time. In which case we will notify you via the contact information you have given us when you made your Booking (or as updated on your My Victoria Warehouse account). We will give you a reasonable amount of time to use any eVouchers if we plan to cancel the eVoucher scheme.

    5. If you do not have a My Victoria Warehouse account, we will use the information (including personal data) you provided us with at the time of booking to create a My Victoria Warehouse account for you and credit your eVouchers to your My Victoria Warehouse account. for more information on personal data, how we use it and how we protect it). We will then send you details of your new My Victoria Warehouse account and how to use it in a letter. We will send you details of your password ***** a separate letter. By accepting these terms, you consent to us using your personal data to create a My Victoria Warehouse account.

    6. If you cancel a booking made using e-Vouchers and are entitled to a refund, we will refund by issuing e-Vouchers.

    7. Our liability in respect of eVouchers is set out in Section 11.3, save that our total liability will be no greater than twice the nominal value of the eVouchers used in the booking instead of the amount paid for your booking.

  11. General

    1. Statutory Rights: We have tried to ensure that any rights that you as a consumer have that are implied by law into a contract of this type (statutory rights) are not excluded or limited in anyway. If any of these terms conflict with a statutory right or the law changes and your statutory rights change, then the statutory rights will prevail over these terms. ??For more information on your statutory rights see or call *********** /li>
    2. Events Beyond our Reasonable Control: We shall not be in breach of these terms, nor liable for any failure to perform any of our obligations in relation to your Booking (such as the provision of room(s) and/or other products and/or services and/or extras) due to any adverse event, act, omission or accident which happens which is beyond our reasonable control including, but not limited to, flood, earthquake, extreme adverse weather conditions, natural disasters, other acts of God, acts of terrorism, interruption or fire (except by way of our default) or failure of (except by way of our default) electric power, gas, water, or other utility service, plant machinery, computers, vehicles or any collapse of building structures.

    3. Our Liability: Our total liability for any loss shall not exceed a maximum of £50. We shall not be liable for any losses that were not caused by any breach of contract or statutory duty or negligence on the part of Victoria Warehouse and we shall not be liable for any losses that were not reasonably foreseeable to both parties when the contract was formed.?Nothing in these terms shall exclude or limit our liability for fraud or death or personal injury caused by our negligence or any other matter which it would be illegal for us to (or attempt to) exclude or limit.

    4. Third Party Rights: A party which is not a party to our Contract shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.

    5. Law: These terms are governed by the laws of England and Wales.

    6. Changes to Terms: We reserve the right to change these terms from time to time. The terms applicable to your Booking are those in force on the date of Booking (or amendment, as applicable).

  12. Car Parking

    1. Car parking is available at Victoria Warehouse hotel. In some locations this is provided by Victoria Warehouse and at other locations it is provided by a third party provider. For details on.

    2. If the car parking at a hotel is with a third party provider and you decide to use this car parking then you will enter into an agreement with the third party provider. Information on the third party provider is displayed at the car parks and on the pay and display tickets. We strongly advise that you read the third party provider's terms as displayed at the car park before leaving your car.

Expert:  Ash replied 1 year ago.
Ok. They have cancelled it so what you can do is stay in an equal hotel and if it is more expensive, sue them for the difference. That is because they agreed to provide you the hotel at the rate contracted.
Therefore if its more somewhere else you can claim for that.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

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