How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26471
Experience:  Senior Partner at Berkson Wallace
11292137
Type Your Law Question Here...
Stuart J is online now

Hoseasons holidays have sold me a holiday under false

This answer was rated:

Hi
JA: Hi. How can I help?
Customer: Hoseasons holidays have sold me a holiday under false information by showing photographs of accommodation that I’m not going to get. If we cancel, they say they won’t refund our deposit. Where do we stand with this?
JA: Where are you? It matters because laws vary by location.
Customer: We live in Chesterfield, Derbyshire but the holiday is in Newquay in Cornwall,
JA: What steps have you taken so far?
Customer: We have just spoken to head office. They say the speck is the same and the photos are just for advertising but nowhere does it say that accommodation may vary from the photos shown.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No.

Hello. Thank you for the question. It is my pleasure to assist your with this today.
I have been in the legal profession, in high street practice, for 30 years so I have wide range of experience in a great many different aspects of law.
Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Can you tell me what is the problem with the accommodation and how is differs from the advertising - thank you

Customer: replied 14 days ago.
The photograph shows a decking that is overlooking the countryside from the back of the lodge with modern wicker style furniture, whereas the lodge we’ve been informed we’re getting has decking at the front and overlooks the other accommodation on the site. The layout inside both lodges is different. We booked the holiday because we liked the inside modern layout as shown in the photographs and we have been told that the lodge we’re getting is not as shown in the photographs even though the email we received after booking still shows the photographs of the one that we’re not getting. They say the photos are only for advertising as the accommodation specifications are the same.

The holiday company are governed by: the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the Business Protection from Misleading Marketing Regulations 2008 (BPRs)..

Why one is entitled unfair trading regulations and the other is misleading marketing regulations, I have no idea but it doesn’t affect the substance.

What they can’t do is show you beautiful pictures of amazing accommodation but when you actually get there it’s a cardboard box. I am of course exaggerating to prove the point but you get my drift. You have to remember however that it doesn’t matter whether they are completely out of order, if they will refund you you can’t beat them with a blunt instrument until they do and your only remedy is to take them to court.

If you paid all or part by credit card you can however file a section 75 Consumer Credit Claim.

Section 75 of the Consumer Credit Act put liability onto a finance company or credit card company along with the merchant. That is provided the transaction is over GBP100 and under GBP30,000. It doesn’t apply in respect of debit card purchases or direct transfer purchases.

Even if part of the purchase price, such as just the deposit, is paid by card or on finance, then the whole transaction is covered by section 75. The majority of finance companies will not want to be taken to court and they will put pressure on the merchant to deal with this.

The majority of finance companies will not want to be bothered and can actually take money back from the merchant to cover any claim that a consumer may bring.

You don’t have the same protection if you paid by bank transfer or debit card.

Tell them that they have until, say, 4 PM on Friday, 20 May 2022, the refund you in full, failing which you will issue Small Claims Court proceedings without further notice.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Can I help you any further with this?

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

I'm happy to clarify anything which is outstanding.

Please don't hesitate to ask.

Kind regards

Stuart

Hello again. If you don’t have any further questions, I will mark this question thread as complete but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months. I’m glad that I was able to help. Thank you for trusting Just Answer with your legal problem. Kind regards Stuart

Stuart J and 2 other Law Specialists are ready to help you
Customer: replied 11 days ago.
Hi. Many thanks for the information you provided. After finally getting a call from a Hoseasons manager, informing them I’d seeked legal advice, and also discussed a Section 75 with the Bank, they confirmed the lodges were different and offered us a full refund. However following this, they have now juggled things around and are putting us in the one we were expecting to get. Thanks again and best regards.

As long as you are happy with that, that's a good result. The point of course, between us, is that that they are now, in effect admitting that they lied to you and try to con you in the first place. It makes my blood boil.

Kind regards