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Hotel refusing refund of voucher?

  • 11-01-2013 4:52pm
    #1
    Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭


    Before Christmas someone we know secretly came to where we lived and asked people on the street somewhere nice to go for dinner. They then went to this hotel and purchased a €50 voucher specifically for use in the restaurant.

    I called the restaurant today and they are closed until mid February, I enquired about a refund as the person who bought the voucher was not informed they were closed for over a month and they said they would have to speak to the manager.

    The lady I initially spoke with phoned me back to advise she spoke with the manger on the manager's way out the door who said there will be no refund as the voucher can be used for a year.

    The person who bought the voucher for us said she was told the voucher could be used anywhere, including the restaurant.

    Bad form, no?


Comments

  • Registered Users, Registered Users 2 Posts: 27,349 ✭✭✭✭super_furry


    Just wait until they're open? Or are they saying you can't use it is the restaurant at all?


  • Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭runswithascript


    Just wait until they're open? Or are they saying you can't use it is the restaurant at all?

    We can use it, just not until mid February, but surely they should have mentioned the restaurant closure when selling the voucher where they specifically mentioned the restaurant?


  • Registered Users, Registered Users 2 Posts: 10,902 ✭✭✭✭28064212


    dusf wrote: »
    We can use it, just not until mid February, but surely they should have mentioned the restaurant closure when selling the voucher where they specifically mentioned the restaurant?
    Should have? Maybe. Legally required to? No

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  • Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭runswithascript


    28064212 wrote: »
    Should have? Maybe. Legally required to? No

    I was thinking that might be the case but did not want to mention it to the hotel or here as I honestly do not know whether it is required or not.


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    But, while the voucher was bought for the restaurant, it can be used in any part of the hotel, including a hotel stay??

    How was the hotel to know that it was bought only for the restaurant?

    I can't see any grounds for a refund. Just wait until it's open again and then use it.


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  • Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭runswithascript


    Paulw wrote: »
    But, while the voucher was bought for the restaurant, it can be used in any part of the hotel, including a hotel stay??

    How was the hotel to know that it was bought only for the restaurant?

    I can't see any grounds for a refund. Just wait until it's open again and then use it.

    They said the voucher could be used anywhere in the hotel including the restaurant without mentioning the restaurant was closed the next 6 weeks. Even if the restaurant was not mentioned by the member of staff, this place charges €150 per night stay the intent of the buyer would have been very obvious.


  • Registered Users, Registered Users 2 Posts: 10,902 ✭✭✭✭28064212


    dusf wrote: »
    They said the voucher could be used anywhere in the hotel including the restaurant without mentioning the restaurant was closed the next 6 weeks. Even if the restaurant was not mentioned by the member of staff, this place charges €150 per night stay the intent of the buyer would have been very obvious.
    And? The fact that the restaurant is closed for about 10% of the timeframe the voucher is valid for does not entitle you to anything. The restaurant doesn't have a responsibility to inform you of their opening times

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  • Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭runswithascript


    28064212 wrote: »
    And? The fact that the restaurant is closed for about 10% of the timeframe the voucher is valid for does not entitle you to anything. The restaurant doesn't have a responsibility to inform you of their opening times

    Sure they do, and we are not talking about opening times or hours here, we are talking about opening MONTHS - or 6 weekly periods to be exact.

    Also, how can that count as a period when the voucher is valid if they are not even open.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    dusf wrote: »
    Bad form, no?

    On that point yes.


  • Registered Users, Registered Users 2 Posts: 10,902 ✭✭✭✭28064212


    dusf wrote: »
    Sure they do
    They don't. Unless they went out of their way to hide the fact, it's up to the purchaser to inform themselves
    dusf wrote: »
    Also, how can that count as a period when the voucher is valid if they are not even open.
    Because the voucher is valid from the date of purchase? If they don't open on Sundays, does the voucher suddenly become not valid? Even if the voucher wasn't still usable for other purchases, that would still be true. The fact that it is usable for other purchases totally throws any possible grounds you could have

    What exactly are you looking for here? Do you think you're legally entitled to a refund?

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  • Registered Users, Registered Users 2 Posts: 138 ✭✭Difference Engine


    I don't really see the problem. Will not being able to use the voucher in the next six weeks cause you some kind of loss?

    The restaurant is unavailable for about 11% (six weeks) of the year. A restaurant that is closed one day a week is unavailable 14% of the year.

    Barring the voucher being purchased with a specific date in the next six weeks in mind (and the hotel being made aware of it at the time of purchase), I think you are being needlessly fussy.


  • Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭runswithascript


    Barring the voucher being purchased with a specific date in the next six weeks in mind (and the hotel being made aware of it at the time of purchase), I think you are being needlessly fussy.

    They were made aware is was intended to be used after Christmas at the restaurant.


  • Registered Users, Registered Users 2 Posts: 7,805 ✭✭✭GerardKeating


    dusf wrote: »
    They were made aware is was intended to be used after Christmas at the restaurant.
    May is 'after christmas'


  • Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭runswithascript


    May is 'after christmas'

    Thank you for that, Parmenides.


  • Registered Users, Registered Users 2 Posts: 138 ✭✭Difference Engine


    dusf wrote: »

    They were made aware is was intended to be used after Christmas at the restaurant.

    But were they specific about it being for a date during those six weeks? After Christmas is very vague. The voucher is for a year, 46 other weeks during which the hotel will provide the service.

    Why does it have to be during the six weeks its closed?


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Bottom line, you're not entitled to anything, so unfortunately, it's time for you to move on and use the voucher once the restaurant reopens.


  • Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭runswithascript


    But were they specific about it being for a date during those six weeks? After Christmas is very vague. The voucher is for a year, 46 other weeks during which the hotel will provide the service.

    Why does it have to be during the six weeks its closed?

    That is when suits.
    Paulw wrote: »
    Bottom line, you're not entitled to anything, so unfortunately, it's time for you to move on and use the voucher once the restaurant reopens.

    Apparently in the end the hotel disagree as I have just spoken to the manager who has said he will issue a cash refund.

    I'm glad they saw sense.


  • Registered Users, Registered Users 2 Posts: 7,401 ✭✭✭Nonoperational


    Nice good will gesture, but not at all required. Don't see the issue at all. You'll probably go there in Feb or March anyway and spend the money there if it's a place you like.


  • Registered Users, Registered Users 2 Posts: 138 ✭✭Difference Engine


    Fair play to the manager, that's a decent gesture to make in the circumstances.


  • Closed Accounts Posts: 6,496 ✭✭✭Boombastic


    Are you going to tell the person who bought the voucher, who went to the trouble of asking discretely around your area before purchasing the voucher that you cashed it in?



    The manager showed good will by cashing it for you


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  • Registered Users, Registered Users 2 Posts: 1,815 ✭✭✭imitation


    Boombastic wrote: »
    Are you going to tell the person who bought the voucher, who went to the trouble of asking discretely around your area before purchasing the voucher that you cashed it in?



    The manager showed good will by cashing it for you

    Em why would you, "Thanks for the gift voucher, I really enjoyed haggling with the hotel over a few days for a refund because they weren't open until February"


  • Closed Accounts Posts: 6,496 ✭✭✭Boombastic


    imitation wrote: »
    Em why would you, "Thanks for the gift voucher, I really enjoyed haggling with the hotel over a few days for a refund because they weren't open until February"

    Well they went to the bother of finding out a good restaurant, they obviously wanted you to have a nice meal out.

    Next time they meet


    (A)'Well, how did the meal go, is the food as fantastic as everyone says it is'?


    (B)'I don't know, I cashed in the voucher. I decided the 1st week in Jan that the only time throughout the year that would suit me was before mid-feb, unfortunately the restaurant was closed until then''



    (A):confused:


  • Closed Accounts Posts: 6,496 ✭✭✭Boombastic


    dusf wrote: »
    .......
    I hope the seller gets a kick up the arse.

    :confused: Why? They cashed it in for you?


  • Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭runswithascript


    It is the time that suits, we will not be around later in the year.

    The person who gave us the voucher was angrier than we were.

    I think it's only right the voucher was refunded since the voucher was sold by someone specifically aware it was intended for use in the restaurant shortly after Christmas.

    I hope the seller gets a kick up the arse.

    (Had to delete this message and re-add it)


  • Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭runswithascript


    Boombastic wrote: »
    :confused: Why? They cashed it in for you?

    The member of staff who sold the voucher did not cash it in, the manager did.


  • Closed Accounts Posts: 6,496 ✭✭✭Boombastic


    dusf wrote: »
    The member of staff who sold the voucher did not cash it in, the manager did.

    They mightn't have had the authority.

    Anyways, glad you got sorted!


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    dusf wrote: »

    I hope the seller gets a kick up the arse.

    (Had to delete this message and re-add it)

    I read this OP and thought it was a wind up or someone trolling, I would never have thought someone could get so annoyed about this situation. Lots of Hotels and their restaurants close for January, it is the quietest time if the year following the busiest when staff have worked long hours with little leave. The voucher is for a year and you were not even the purchaser so had no rights whatsoever, kudos to the manager, nitemare customer.


  • Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭runswithascript


    davo10 wrote: »
    I read this OP and thought it was a wind up or someone trolling, I would never have thought someone could get so annoyed about this situation. Lots of Hotels and their restaurants close for January, it is the quietest time if the year following the busiest when staff have worked long hours with little leave. The voucher is for a year and you were not even the purchaser so had no rights whatsoever, kudos to the manager, nitemare customer.

    Disagreeing with someone's point of view does not make them a troll. I was only annoyed as the hotel initially refused to listen to reason.

    It was made quite clear the voucher was being purchased for use in the hotel just after Christmas, the member of staff who sold it knew this and still put the sale through - that is where the hotel were at fault, it is not overly complicated to understand.

    Not the purchaser, so on top of all the trouble already caused you are suggesting we should have gotten the person who bought the voucher to handle this - that makes a lot of sense :rolleyes:


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    dusf wrote: »
    It was made quite clear the voucher was being purchased for use in the hotel just after Christmas, the member of staff who sold it knew this and still put the sale through - that is where the hotel were at fault, it is not overly complicated to understand.

    Not the purchaser, so on top of all the trouble already caused you are suggesting we should have gotten the person who bought the voucher to handle this - that makes a lot of sense :rolleyes:

    Using the voucher for "just after Christmas" doesn't exactly mean that it couldn't be part used for something other than a meal. The hotel were not at fault at all, and have been very good to you, where you have no legal basis for your request for a refund.

    As for the purchaser, the purchaser is the other party to the contract. The contract is between the hotel and the purchaser, not you. In fact, you have no rights at all in this issue.

    So, you can climb off your horse, and just be very thankful that the hotel were so nice.


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  • Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭runswithascript


    Paulw wrote: »
    Using the voucher for "just after Christmas" doesn't exactly mean that it couldn't be part used for something other than a meal.

    Yes it does mean it couldn't be used in part for something else, considering it was specifically mentioned buy the purchaser at the time as sale what it was intended for, and what the restaurant like to charge. Please read the thread in its entirety and understand what has happened before subjecting me to your posts.
    Paulw wrote: »
    The hotel were not at fault at all, and have been very good to you, where you have no legal basis for your request for a refund.

    Incorrect, see my previous comment, maybe read it a few times.
    Paulw wrote: »
    As for the purchaser, the purchaser is the other party to the contract. The contract is between the hotel and the purchaser, not you. In fact, you have no rights at all in this issue.

    I have already addressed this in my previous post, but it does sound like you have not read much of this thread at all.
    Paulw wrote: »
    So, you can climb off your horse, and just be very thankful that the hotel were so nice.

    Hi ho silver, the hotel are lucky they don't also have to cover my costs at the small claims court.


  • Registered Users, Registered Users 2 Posts: 2,273 ✭✭✭twowheelsonly


    Paulw wrote: »
    But, while the voucher was bought for the restaurant, it can be used in any part of the hotel, including a hotel stay??

    How was the hotel to know that it was bought only for the restaurant?

    I can't see any grounds for a refund. Just wait until it's open again and then use it.
    dusf wrote: »
    They said the voucher could be used anywhere in the hotel including the restaurant without mentioning the restaurant was closed the next 6 weeks. Even if the restaurant was not mentioned by the member of staff, this place charges €150 per night stay the intent of the buyer would have been very obvious.

    ^ ^ This and This v v has me confused!!
    dusf wrote: »
    Yes it does mean it couldn't be used in part for something else, considering it was specifically mentioned buy the purchaser at the time as sale what it was intended for, and what the restaurant like to charge. Please read the thread in its entirety and understand what has happened before subjecting me to your posts.

    He obviously has seeing as he has a reply on every page

    Incorrect, see my previous comment, maybe read it a few times.


    I have already addressed this in my previous post, but it does sound like you have not read much of this thread at all.

    Incorrect, see my previous comment, maybe read it a few times.

    Hi ho silver, the hotel are lucky they don't also have to cover my costs at the small claims court.

    What an extremely condescending post.
    If you look back over your own thread you'll see that PaulW has answered a few times and has obviously read the thread.
    Not only that, but in my opinion he has been right each time.
    You have no basis in law for a refund, primarily because you didn't buy the voucher in the first place.
    If you did take it to court you'd be lucky that you didn't have to cover the Hotel costs. it's a case of "He says, She says" and IMO the Hotel are on a winner here.
    The Hotel did you a favour by refunding you, it doesn't necessarily follow that you were right in the first place.


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    dusf wrote: »
    the hotel are lucky they don't also have to cover my costs at the small claims court.

    You would not be able to take any case to the small claims court as you are not party to the transaction. The only parties to the transaction are the hotel and the purchaser. You are not party to the transaction at all.

    Also, the small claims court does not award costs.


  • Registered Users, Registered Users 2 Posts: 4,065 ✭✭✭Miaireland


    I was given a voucher for a local restaurant at Christmas. I tried to make a booking for this weekend and was told they had very few bookings for January and decided to close for the months as it was unlikely that they would cover there costs.

    I wouldn't have dreamed of asking for a refund or contacting the person who gave it to ask whether they were old that it was going to be closed for January.

    Each to their own I guess. It was good of the Manager to refund you although he or she was probably afraid that if they didn't you would be bad mouthing them around the local area and things are hard enough for businesses these days.


  • Registered Users, Registered Users 2 Posts: 1,260 ✭✭✭Irish_Elect_Eng


    I feel sorry for the hotel employees...

    Thank god I don't work in the hospitality sector, they have a hard job...


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    Posters - enough of the bickering

    dudara


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  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    The Hotel did you a favour by refunding you, it doesn't necessarily follow that you were right in the first place.

    I would have to say the Hotel did themselves a favor. Imagine having to serve the OP dinner in February.

    In saying that, the Hotel should have (although not required by law) mentioned that the restaurant would be closed for 6 weeks.


  • Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭runswithascript


    What an extremely condescending post.
    If you look back over your own thread you'll see that PaulW has answered a few times and has obviously read the thread.

    I do not find my remarks anymore condescending that him telling me to move on, and come down off my high horse etc - there's no need to be snarky.

    I am aware he has replied often to the thread, but his lack of understanding is what makes me believe he may not have read the thread.
    You have no basis in law for a refund, primarily because you didn't buy the voucher in the first place.
    Paulw wrote: »
    The only parties to the transaction are the hotel and the purchaser. You are not party to the transaction at all.

    It is a moot point that someone else bought the voucher, you can take it as I speak just as much for the person who bought the voucher as myself.
    The Hotel did you a favour by refunding you, it doesn't necessarily follow that you were right in the first place.

    The hotel did not do me a favour, they did what was right.

    The core of the issue is that the hotel sold the voucher claiming it could be used in January at the restaurant when in fact the restaurant is closed. This is not overcomplicated. The sale was improper.

    Miaireland wrote: »
    I was given a voucher for a local restaurant at Christmas. I tried to make a booking for this weekend and was told they had very few bookings for January and decided to close for the months as it was unlikely that they would cover there costs.

    I wouldn't have dreamed of asking for a refund or contacting the person who gave it to ask whether they were old that it was going to be closed for January.

    Each to their own I guess. It was good of the Manager to refund you although he or she was probably afraid that if they didn't you would be bad mouthing them around the local area and things are hard enough for businesses these days.

    Your case is entirely different, unless of course whoever bought you the voucher was also told it could be used in the restaurant in January? This is the crux of it that some people seem to be missing.
    I feel sorry for the hotel employees...

    Thank god I don't work in the hospitality sector, they have a hard job...

    Again, why do you feel sorry for the employees? The employee who sold the voucher lied when selling it, either that or they were not informed the restaurant would be closed in January but either way the sale was improper.
    goz83 wrote: »
    I would have to say the Hotel did themselves a favor. Imagine having to serve the OP dinner in February.

    Another needless snarky comment, especially stupid since you immediately follow it with:
    goz83 wrote: »
    In saying that, the Hotel should have (although not required by law) mentioned that the restaurant would be closed for 6 weeks.

    Not only should they have mentioned it, they said the voucher would be fine to use at the restaurant in January.

    I hope whoever sold it if they need know the hotel was closed gets the sack, and if they did not know the hotel make their staff more aware of the goings on.


  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    dusf wrote: »
    Another needless snarky comment, especially stupid since you immediately follow it with:



    Not only should they have mentioned it, they said the voucher would be fine to use at the restaurant in January.

    I hope whoever sold it if they need know the hotel was closed gets the sack, and if they did not know the hotel make their staff more aware of the goings on.

    My comment was not at all "snarky". It's valid. It's quite likely that had you been unable to get a refund that you might have caused the hotel staff/manager hassle when you arrived to use the voucher.

    You also mentioned nothing about special January requests in your OP. This only developed as the thread developed. This is also third party info. You are claiming that the person who bought the voucher, specifically said that the voucher would be used in January, where in another post, you casually said "after Christmas".

    Might you have ordered fish if you were able to use the voucher? I certainly smell some in this thread.


  • Registered Users, Registered Users 2 Posts: 2,811 ✭✭✭runswithascript


    goz83 wrote: »
    I would have to say the Hotel did themselves a favor. Imagine having to serve the OP dinner in February.
    goz83 wrote: »
    My comment was not at all "snarky".

    Yes, yes it is. Do you know me? Who are you to say it's likely I would cause the staff hassle when arriving to use the voucher? You do not know me. What kind of person would do such a thing.

    Again, I find it very strange you would have made that comment in the first place only to immediately say afterwards the hotel should have said the restaurant was closed.
    goz83 wrote: »
    You also mentioned nothing about special January requests in your OP. This only developed as the thread developed.

    Yes, it developed as I spoke more with the purchaser and hotel.
    goz83 wrote: »
    This is also third party info. You are claiming that the person who bought the voucher, specifically said that the voucher would be used in January, where in another post, you casually said "after Christmas".

    January is after Christmas, it developed on further speaking with the purchaser they made it quite clear to the staff member the intention was for the voucher to be used at the restaurant in January - quite clear.
    goz83 wrote: »
    Might you have ordered fish if you were able to use the voucher? I certainly smell some in this thread.

    Another unnecessary snarky comment.


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    Right - closing this thread, as you have failed to heed my warning.

    dudara


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