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LEGAL PEOPLE: FULL REFUND?
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Evening, looking for some help.

Indoors rents have booked to go to a concert in Brum, advertised as a hotel in the Birmingham area with a coach transfer to the concert and back to the accommodation. Cost them a few hundred.

The details came through and the hotel isn't in Birmingham but in Northamptonshire and therefore it's doubled their journey time, fuel spend and have to take a full day off work. Needless to say if they had know that they'd have not booked it.

Cancellation details say that persons can cancel between 14 days of the event and up to 48 hours before for a 60% refund, of which the above details arrived within that time period - so it's not like they knew about the hotel location before. Phone monkey has said "yep, shouldn't have said Birmingham area for the hotel but Northamptonshire but its tough, you're screwed".

As far as I'm aware that's a significant distance from "Birmingham area" and as such is falsely advertised. Is there any way they can get a full refund? The remaining 40% is still over £100 in value.

To add; that refund amount is for cancelling in writing between 14 days and 48 hours of the event.

Are they going to go anyway? If so they won't have much of an argument for a refund.

If they decide not to go, get the partial refund and then sue them for the balance. Might not win; Northants to Birmingham (NEC presumably) could be quicker on a coach down the motorway than driving through Brum from the other side of town.

Surely not a simple breach of contract Simon? Goods seem to describe the hotel in Brum area and it isn't. Surely a section 75 case if the company refuse a full refund?

Carl.

Brum 'area' is somewhere convenient for Brum, not necessarily in Brum. I'm also struggling to see how a hotel in Northampton could double the journey unless they live close enough not to bother with the hotel anyway.

Northamptonshire is only down the M6 a few junctions. It's not clear cut.

Typical bloody lawyer :lol:

Yeah, typical lawyer, giving clear and concise advice for free ;)

"London area" is always interesting. A friend of a friend had the delights of Heathrow for evening entertainment when they booked a coach trip to London.

Jobbo said...

I'm also struggling to see how a hotel in Northampton could double the journey unless they live close enough not to bother with the hotel anyway.

If for example, they lived in Stoke-On-Trent?

I would have expected 'Birmingham Area' to be in the green circle, on my drawing. Not two counties over and 50 miles away.

But you (Jobbo) are right, it might only be 50 mins on the motorway, rather than longer through the city's traffic.

Also, if you book an ambiguous hotel, it might not be exactly where you want it to be. In future, i guess the lesson is, book where you want to stay, not where some travel company can get you in on the 'cheap'

Updated December 13, 2012 at 9:46 AM

RichardMajor86 said...

I would have expected 'Birmingham Area' to be in the green circle, on my drawing. Not two counties over and 50 miles away.

I wouldn't - your green circle doesn't even include all of the area within the motorway ring surrounding Birmingham.

And as I mentioned in a previous post, the concert may be at the NEC so staying in, for example, Stourbridge, would definitely be within the Birmingham area but no more convenient.

I would check the small print to make sure the seller hasn't included the option to change the hotel without notice if they need to.

They aren't going to go as they're travelling just over two hours to Birmingham, then going past and down to Northampton. I'll find out where the venue is, not sure if it's the NEC.

It's in the NEC, so still "close enough".

Well, my advice remains the same - if, after a stroppy phone call they don't get a full refund then cancel and get the discounted refund and sue them for the balance. Might not win, but it is highly arguable and they may not bother to defend it.

Cheers, I'll pass the info on :)

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