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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Holiday was miso led to us They stated the hotel was on the

Resolved Question:

Holiday was miso led to us
They stated the hotel was on the beach but it had the coastal road running past it
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello can you please let me know when you booked the holiday and who it was booked through and also if you have a link to their hotel description which relied on
Customer: replied 1 year ago.
Hi
We booked the holiday last October to go in February with First Choice
The brochure described the hotel as "on the beach"
Thank you
Expert:  Ben Jones replied 1 year ago.
So how far was the beach actually from the hotel and were there photos included in the description from which you could have seen where it was in reality
Customer: replied 1 year ago.
Hi, this is the link to the first choice web page for this hotel.
Thanks
http://www.firstchoice.co.uk/holiday/bookaccommodation?productCode=030324&tab=overview&noOfAdults=2&noOfChildren=0&childrenAge=&duration=7&flexibleDays=3&airports[]=LGW&flexibility=true&noOfSeniors=0&when=09-01-2017&pkg=5696229/2&tra_o=29768723/377157&tra_i=29768942/377158&units[]=CRI:COUNTRY&packageId=030324CRGU000314839200000001483920000000TOM03814845248000001484611200000TOM039DD015696229/2&index=3&multiSelect=true&brandType=F&finPos=3&greatDealDiscount=0
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was offline by the time you had replied. I can see how you may think that the hotel is right on the beach but having a coastal road run past it would unlikely make much of a difference here unfortunately. It is still next to the beach, that is clear, the presence of a road which you may have to cross to reach the beach will unlikely be considered a significant case of misrepresentation. What would qualify is if it was nowhere near the beach or if the beach was inaccessible. So you are really looking at factors which clearly and seriously affect the quality of the place and distinguish it from what was advertised. If you are seeking compensation here then there is nothing stopping you from trying to get that directly from the holiday company, with which you booked. You also have the help of ABTA which cover all holidays booked with First Choice. Both options are free and you have nothing to lose by trying them. If neither are successful then the only option left for you is to go to court to pursue the matter that way but in the circumstances I do not see this being an easy claim. This is your basic legal position. I have more detailed advice for you in terms of the steps you can follow to progress this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
My response should be visible on this page. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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