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Ben Jones
Ben Jones, UK Lawyer
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I would like to ask about my legal rights against a company

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Hi there,
I would like to ask about my legal rights against a company called opodo,
on Friday the 24th of Jun I took a holiday with my Girlfriend which was an offer to Marrakesh which included flight. I paid approximately 225£ for 9 nights which included everything also the taxes. Unfortunately as I arrived to the hotel I was asked to pay 50 Morccoan Dirham per person per night which there for works out to be 5029 that is 389.47£
Unfortunately I felt that I have been ripped off by this company. I contacted Opodo Help Line and explained the situation and told them that based on every single Document and email that I have received from them there is no such a statement mentioning hidden charges or Extra City Tax to be paid upon arrival. Over the phone they have informed me that the hotel department will be looking after this case however it is closed on Friday and they have advised me to pay it. I said I can't pay that much they have advised that they can't help me at this stage they hung up the line I called back spoken to one of the senior and he informed that he will look after the case and get back to me I have warned them that I have the right to take the legal action against them they informed me they will pay back what ever I paid later. I have informed them I will stay and pay the extra charges for only 2 nights and I will wait to hear back from them if not I will leave the place. they informed me and assured me that they will contact me back on the 27th Monday Jun 2016.
I paid for 2 nights only the worker at the hotel warned me that I will be kicked out if I don't pay on Monday the rest. I tried to contact opodo and they refused to give any comment.
Please note at this I felt I have been ripped off by this company I decided to take the rest of my 7 days in in Spain as I felt insecure to stay there.
Do I have the right to take a level action against Opodo ?
Thanks
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

Do you have the terms and conditions of the booking available at all?

Customer: replied 11 months ago.
Hi there thank you for your quick reply to my case, I have attched the re
Expert:  Ben Jones replied 11 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. Whilst you can hold the company liable for the incorrect description and misleading you over the charges you were required to pay, you have to be mindful about what you can actually claim from them. In the circumstances, if you were faced with additional charges on arrival, then the reasonable thing would have been to pay these and then claim them back from the company. These extra charges would have totalled 900 dirhams so approximately £70 – not exactly a huge amount.

So in the circumstances this is what you would have been able to claim from the,. If you had decided to cancel the rest of the holiday because of the inability to resolve the issue with this, then a court is unlikely to see this as a reasonable response. A reasonable person would have paid this, regardless of whether they were advised of these charges in advance and just claimed it back later. However, you have gone and refused to use the remainder of the booking and potentially incurred further unnecessary charges by going on a different holiday and you are unlikely to be able to recover these costs. I am not saying that the company will not perhaps decide to offer you some compensation out of goodwill, but if they refuse then legally it would be difficult for you to do so. Of course it does not stop you from trying to take this further and hope that adding extra pressure will change their mind but think carefully before going as far as court.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to take 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, I see you have read my response to your query. 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

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Expert:  Ben Jones replied 11 months 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.