I asked at the time of booking if there were rooms available and was told yes so we would get one.

Have you got that in writing, because if not you could be struggling?

Peter

Yes - on my confirmation of details supplied by the travel agent it states "Accom: Escape Hotel & Spa Facilities Booked Standard Upgrade to Superior Room - All Inclusive"

Was this a Paskage Tour Booking? If so, did you approach a Tour Rep and mention your concerns to them whilst still In Resort? If not, I fear you may have a problem pursing this matter now you are back home.

But then I am no legal expert.

Did you speak to the Virgin Rep at the resort or to Sandra, the customer relations manager as soon as you noticed you did not have the upgraded room?

What room did you stay at? There are three types of room in the resort - standard, superior and deluxe.

Mark

I see you did complain whilst in resort

I did put in a written complaint in resort

so the answer is yes, you should pursue it. However, you need to follow up your complaint in writing asap.

I am not sure if there are any timescales on you writing to them, but they have to follow guidelines in their replies to you. I believe they should acknowledge your complaint within 14 days and give you a full response no later than 28 days after this.

For further advice why not give Ros Fernihough a call on 01922 621114 she is a Travel Law Solicitor, who has provided information for many of our members.

Kath HT Admin

The question begs what compensation you would be entitled to, if any at all?

Please let us know the exact location of the room, as having stayed at this hotel a number of times, I can advise the exact room type you stayed at.

Mark

Benidorm - yes we approached the rep and spoke by phone to her superior. We also filled in a complaints form.

Mark - we were given one of the two storey roomsm (standard) - I showed the paperwork to S* and she said she would see what she could do but unfortunately there were no superior rooms available. The following day S* moved us to a villa room (top floor) (standard) which was a better room and suggested that she would move us to one of the villa rooms with balcony on the Friday. On the Thursday we approached Sh* and asked her which room we would be moving to on the Friday and she appeared to know nothing about it. I feel that we were led 'up the garden path' by S*, Sh* and her superior Sa*!

*Admin edit to remove staff names - Glynis*

Looks like you indeed where in a standard room, unless you were in the first villa nearest to the restaurant which consists out of three superior rooms. All other villas have a mixture of standard/superior rooms.

Speak to Ros, but as it is a free upgrade, I struggle to see what kind of compensation you would be entitled to. You can't claim back something you haven't paid for in my opinion, but then again I'm not a legal expert.

Good luck with it and let us know the outcome.

Mark

Mark - no it wasn't the one nearest the restaurant. I agree with what you say with regard to it being a free upgrade but we would never have booked the holiday with a standard room. I just don't think that Virgin should be allowed to get away with it and would not like others to be in the same position. The annoying thing is that if there hadn't been the early booking bonus we would have paid for the superior room!

Hi Ki77y,

The brochure stated "Early booking bonus: book by 30/11/06 for departures between 01/05/07 - 14/12/07 and receive a FREE 1 category room upgrade (subject to availability at time of booking). I asked at the time of booking if there were rooms available and was told yes so we would get one.

Since it was confirmed on the invoice you had the upgrade, it was obviously available at the time of booking.

It was a reward or inducement for booking early, subject only to unavailability AT THE TIME OF BOOKING.

Have a word with Ros Fernihough and your local Trading Standards, it's false information in the brochure in my opinion, which is a criminal offence.

In my view it has a monetary value, at minimum the difference in price between what you got - v - what you were told you had been allocated, PLUS annoyance, inconvenience, aggravation, and having to write letters of complaint.

I don't think you should have to put up with it either.

Peter

In the brochure it will show the supplement per person or per room per night for an upgrade to a superior room.

If you multiply that by the number of nights you were at the accommodation that might be a monetary basis for your claim.

Doe

Thanks to all for your input - I am going to pursue the matter and will let you know how I get on.

Personally I'd go to my local Trading Standards.

What you are likely to get back in compensation is next to nothing, but if Virgin are prosecuted and convicted if could cost them thousands.

In addition the various Trading Standards Depts throughout the country share information, and if there are a number of complaints about the same thing they are more likely to prosecute in the public interest.

We pay a lot of money for our holidays, why should travel companies be allowed to get away with what appears to be downright dishonest practice?

Peter

this also happened to us,when we travelled to penang with tradewinds.we booked over a year in advance,with the early booking bonus of a free upgrade,it clearly stated on the itinary,that the upgrade was available.
on arrival we were given a room,with no balcony,therefore no upgrade.we complained to the rep,the following morning & were told,there were no more rooms available.i was disappointed because,i like a balcony & would never choose a room without one.anyway the next morning,we were woken up,by the sound of drills,they must have been re-fiiting a room out,right above our heads,so i went down to reception & they moved us to another room,with a balcony.this was one of the rooms,offered on the free upgrade,as the rooms were standard,hillview with a balcony or seaview with a balcony.
we would not have got the upgrade,if it wasn't for those drills,so i am wondering,if it is common prcactice,to offer these upgrades,but not actually give them,on arrival!
tracy

Going back to the Escape Hotel & Spa where we stayed before three times.

All the times we had a free upgrade as promised. We also booked through Virgin Holidays who did the offer of a free upgrade if booked before a certain time.

So to the defense of Virgin Holidays, I don't think that it is common practice not to offer these upgrades.

Reporting them to Trading Standards may be harsh in my opinion, as from my experience they don't deliberately misadvertise the free upgrades.

And before anybody asks, NO I'm not connected to Virgin at all.

Mark

For whatever reason ki77y didn't get the upgrade.

By all means give Virgin seven days to make a positive response to a letter of complaint, then in the words of the 'Immortal Bard', "Cry havoc and unleash the dogs of war!"

Peter

Have decided not to contact Trading Standards yet - I will wait until I get a reply from Virgin as this was our fourth Virgin holiday and must admit that the previous three years holidays have been brilliant. Will add though that I have today been and booked a holiday for next May but have decided to try Hayes & Jarvis - although it is a Virgin flight! Again we get a free room upgrade so I will be keeping fingers crossed for the next year

ki77y, focus on the important aspect. Namely, what you booked AND PAID FOR was not what was agreed at the time of booking nor what was ultimately supplied.

This is a straightforward case of breach of contract.

I'd try to avoid placing a financial value on the loss of facility - let Virgin make the first offer (if any). Warn them in your letter that you are considering submitting a complaint to Trading Standards, subject to Virgin's response and recompense offer.

I'm unsure about the Trading Std. involvement but would guess that were they to bring an action against Virgin you would not benefit directly as a result although Virgin would of course suffer if the action proved them to be in the wrong.

Ros is a good backstop position should Virgin fail to offer acceptable recompense.

Just a general observation that those with experience might be able to answer, but would Trading Standards be interested in an isolated incident but rather would want to hear about persistent breaches?

Mark