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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I booked a trip (flights and Hotel) on to Marrakech.

Customer Question

I booked a trip (flights and Hotel) on to Marrakech. The hotel was advertised as having an Olympic size swimming pool but the plastic coating in the pool was all cracked and coming off making it very unsafe with the possibility of cutting our feet. Do I have any legal rights to ask for a refund?
Submitted: 4 years ago.
Category: Law
Expert:  joannem1965 replied 4 years ago.

What was the value of the trip?
Customer: replied 4 years ago.

Hotel booking was £1056.78

Expert:  joannem1965 replied 4 years ago.

How did you pay?

Credit or debit card or any other way?

Did you complain at the hotel?

Was this to the rep?

Do you have a copy of the complaint? How long after u got back did you complain also?

If you haven’t complained, when did you get back?


Did you use the pool at all?


Please bear with me over the weekend because I will be online and off-line from time to time and therefore may not get back to you in minutes

Customer: replied 4 years ago.


By Credit Card

Yes, complained verbally to their Hotel Director but they could not be bothered and said we know there is a problem.

Came back on 01 Aug 13 and not complained. Yes, we used the pool but not fully.

Hope this helps.




Expert:  joannem1965 replied 4 years ago.
There is case law on holidays and if this goes to court and they defend the action, you will in all probability, lose. You should have complained within 10 days of coming back. The way the court looked at it is that if you did not complain immediately on returning, and have now left it for almost 6 weeks, then the problem could not have been that bad.
I know, because some years ago I used to deal with holiday claims and on one occasion I came up against the lawyer who wrote the definitive book on holiday claims. He sent me a copy which included all the case law and it was obvious (my client had not complained either at the resort or in the UK) that it would not go anywhere in court.
Of course, they may have an income competent lawyer, but that is a risk that you run.
I appreciate that it will probably was that bad but I can only tell you that the court will take.
You can file a section 75 claim with the credit card company but because the problem with the holiday is subjective, they may refuse to deal with it.
You are therefore faced with making a complaint and threatening legal proceedings to the holiday company but if they don’t pay up, or offer you something, I would not actually be issuing legal proceedings with any chance of winning.
You could issue legal proceedings but I would not actually go to court. Sometimes, the issue of proceedings will focus their mind and you may get a cheque but you are really calling their bluff.
I wish I could give an answer that was more favourable to you but I am sure that you would rather I was honest and straightforward
Does that answer the question?
Can I answer any specific points?
Please bear with me over weekend because I will be online and off-line from time to time
Customer: replied 4 years ago.

Thanks for your honest answer.

Is there any sentences or quotes you could give me to put in my complaint letter to the travel company from the Sales of Good Act ?

Expert:  James Mather replied 4 years ago.
It is the Supply of Goods and Services Act.
They are in breach of the implied terms in the Act in that the service was not of satisfactory quality and not as described.
They are also in breach of contract.
As a result of their breach of contract you have suffered loss, inter-alia, loss of opportunity and loss of enjoyment.
You look forward to receiving their substantive proposals to pay such compensation as my ultimately prove reasonable.
Tell them that they know your correspondence, the next they receive will be from the court as you will issue Small Claims Court proceedings without further notice.
You need to pad it out of course.
How does that sound?