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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6764
Experience:  Solicitor
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I can not find my category. I asked a travel agent to book

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Hi,
I can not find my category. I asked a travel agent to book me a high standard 4 star hotel for my holiday. They recommended on and their web site looked attractive. I paid £1500.00 eight weeks in advance for a 21 night booking. When I saw the hotel and the filthy, tiny room infested with mosquitoes I left in less than 21 minutes. It was 2100 hrs and I had to find another hotel and pay full rate. The travel agent is saying their agents will not refund them therefore I will not receive and refund or compensation.
Can someone tell me my legal rights in this.
Thank you.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

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: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf 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?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 month ago.
Hi Jame,
You may need more information, please ask if that is the case.

can you see my response above?

Customer: replied 1 month ago.
Hi Jamie, I just paid another £43.00 to receive a call from you.
Customer: replied 1 month ago.
I understand how to issue a County Court Summons. My question is specifically regarding my rights with a travel agent under the circumstances I described.
Customer: replied 1 month ago.
Are you still there?

I can’t see you have requested a call from me.

This is breach of contract by misrepresentation.

That is not permitted as per the Misrpraentation Act 1967

You were told one thing and got another,

Does that clarify?

Customer: replied 1 month ago.
Thank you for the clarification. I received a message saying it may be helpful to talk directly to you and you would call me if I paid a further £43.00 for this. I guess I will have to inform PayPal. But, thank you for your service.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the top of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. If you need anything further I am available for a follow up at no extra cost. Thank you in advance and good luck!

Customer: replied 1 month ago.
Jamie, I will be happy to but I have a nagging concern that I accepted the agents recommendation after looking at the hotel website which itself is massively representative. I trusted the agent had knowledge of the establishment as they are one of the largest flight and travel booking companies in the world. Would this damage my case?

No. It was misrepresented. As such they are liable.

Does that clarify?

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