Hotel Booking Price Change (Consumer Issue)

dufferlover

Hi folks,

I'd love if someone could shed some light on this for me.

So in July 2015 I booked a week's accommodation in <snip> in Spain for my family. The rate I was given was €790 for seven nights and I was requested to pay a 20 percent deposit of €158, which I did. I was of the opinion I owed the resort €632 on my arrival.

This week my friend, who also booked online last July, arrived with her family in <snip>. At check in she was handed her bill for the week's accommodation, which was €300 more than it was at the time of booking. The resort said that as she booked before November 2015 she booked at the summer 2015 rates. The rates have increased since last summer apparently. She was also informed that this was in the terms and conditions.

I called the resort and it turns out I'm in the exact same position. Just to check the T&Cs I went to make a dummy booking for next summer and indeed, when you click in to them, it says:

• For 2017 reservations made before November 2, 2016, a percentage from the total amount will be charged as a downpayment (based on 2016 prices)
• The final amount of your stay may vary due to price increases for 2017
• The dates which define the limits of each price period may be modified

So there you have it, hands up, silly me clicked without reading the T&Cs.

However, I have a few questions .....

1. Are the resort not obliged to tell you your rate before your arrival. I would not have known of this only for my friends' experience.
2. I've done some research and the European Commission Consumer Rights directive, states that I, as a consumer, must be informed of the total cost of a service and that any extras will not have to be paid if not properly informed before I place an order. The directive also states that price information must be unambiguous, clearly legible and easily identifiable, which I believe was not the case at the time of booking.
3. And finally the EU Commercial Practices Directive also states that a commercial practice is misleading if a trader in any way, including overall presentation, deceives or is likely to deceive the average consumer, even if the information is correct. It also states that a commercial practice is misleading if such a practice causes or is likely to cause the consumer to take a transactional decision that he or she would have otherwise not taken.

So, do I have a leg to stand on? They have already gave me the generic response of it's in the T&Cs and you're more than welcome to a full refund. I don't want a refund, I want to take my kids to this resort for their first ever holiday abroad but €300 extra has left a sour taste in my mouth and it's almost more about the principle at this point.

I'm afraid if I push it too much with them they will cancel my booking and we'll be left high and dry.

Sorry for the big rambling post; I hope I'm making sense.

TIA

Fred Swanson

This post has been deleted.

Paz-CCFC

Fred Swanson wrote: »

This post has been deleted.

It's not them being reasonable. It's them fulfilling their legal obligations. If they reserve the right to change their price, they have to allow the consumer to cancel the contract. Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contract, Annex 1(l) to Article 3(3).

So, OP, seems that all someone could do is accept the refund or pay the extra price. I would have thought that you would have to be informed of what the extra price is - or at least given a better idea than when you booked - in advance of the trip without asking, though, to give you a chance to cancel. I would think it to be unfair that they could change the price and only tell you after the contract has been performed. I'm basing that on my own reading of Article 3, though, not on any caselaw/academic authority.

davo10

Op, I'm going with my family to <snip> in July, I booked on the 25th of June last year and paid the 20% deposit.

I've just looked at their booking T&c's and sure enough they have 2 different sets for this year and next. It is not clear whether you are booked to go in 2016 or 2017, if it's 2016 then the rate given at the time of booking last July applies under their 2016 T&c's but if you book before November 2nd this year for 2017, then the new T&c's apply and the final amount will depend on what the new rate set for 2017 is on/after November 2nd.

dufferlover

I booked for June 2016 back in July 2015 if you get me! Did you book in June 2015 for this June? When are you going? Have you checked your balance directly with them? This extra payment only seems to be effecting customers staying in the <snip>.
My confirmation and invoices refer to the deposit I paid but nowhere does it state that it's a 20% deposit and nowhere does it state the balance owing.

Pat Mustard

Mod note:

Please don't mention any names of these various resorts, either directly or indirectly, by link or otherwise.

dufferlover

Pat Mustard wrote: »

Mod note:

Please don't mention any names of these various resorts, either directly or indirectly, by link or otherwise.

Apologies Pat!