Based upon what you have in writing from the hotel, looks to me as if First Choice have sold you a holiday falsely description in the brochure, i.e. "twin rooms sleep 3 adults"

Seems logical to me that the hotel should be the best judge of the capacity of it's rooms, and a bed for a child is not the same as a bed for an adult.

I'm impressed that the hotel management are being so honest with you, which is more than can be said for FC.

I would have a word with your local Trading Standards, they take a great interest in false brochure descriptions. However what sort of resolution do you want?

If you have been sold a holiday on the basis of a false brochure description, you may end up with just your money back, and some compensation but not a lot.

Peter

Hi Peter,

Thanks for your reply.

I am not interested in compensation. All I want is for FC to admit that there has been a genuine error on their behalf and that they either give me a full refund or offer me an alternative holiday, which is acceptable to me.

However, as we are due to leave in less than 3 weeks, it is going to be difficult finding a suitable alternative, as we are limited to when we can leave. The Scottish schools go back on the 22nd Aug, so we can only really fly out on the Sat 11th, Sun 12th or Mon 13th. Right now I would gladly settle for a full refund.

Might give Trading Standards a try. However, not sure that they would be able to do anything due to the time constraints e.g. the fact I fly out on the 11th Aug.

Thanks,
Glen

and that they either give me a full refund or offer me an alternative holiday

Trading Standards might be able to exert sufficient pressure to get one or the other but you must stress the urgency of a refund.

Best of luck and please keep us informed.

Peter

i agree your best bet is trading standards we booked for next year to go to dom rep with first choice then found out that the services at the hotel were for royal service only we went to trading standards and the next day we had a phone call from first choice shop saying they agreed it was misleading and we could have a full refund all within 24hrs of visiting trading standards, mind you even though we paid cash we still have to wait for them to send us a cheque. good luck stick with it they are in the wrong.

I always look to the long-term with any complaint. That view always ends in a court case. I don't mean that it is my specific intention to always drag the company into court, far from it. However, I ensure that all correspondence I generate is with the specific view that the case MAY end up in court.

I would write to FC referring in your letter to the telephone conversations you have had with FC and with the hotel. Be specific about the content of those conversations. Word it such that your letter could be read out in open court and act in support of your claim.

This invites FC to refute your claims, in writing. They would be hard-pressed to do this successfully without compromising their own position somewhat.

If you are serious about not wishing to take-up the holiday - tell FC that and request that they find you an alternate holiday of equal or higher value and stress that you are unprepared to pay any additional money. Tell them that you have documented proof that the description of the holiday as booked appears not to match what is now being offered and if the reality, should you arrive at the hotel, turn out to be other than as advertised you will sue them. Issue this warning as they have a chance in the next three weeks to rectify the situation by refunding or changing.

Worst case, they refuse to refund, you arrive, put-away bed is not suitable, you demand to be flown home immediately. They again refuse. You arrive back at end of holiday and you have a clearly documented case that would be hard to defend by FC.

The golden rule, when a company (any company) refuses to put their promises in writing, simply write to them stating what was said in the conversation. If they do not refute this (in writing) how can they then do so in a court at a later date.

Good luck.

ps. might be worth writing to the hotel and ask them for a written response re. the room and facilities. Try to get a written rresponse sent by post. Emails are NOT acceptable in courts and I've been informed that faxes may also not be acceptable as they may be amended if digitally received and then printed.

MikeCunliffe wrote:

Emails are NOT acceptable in courts

Hi Mike. It is my understanding that Emails can be produced now as evidence in Court, and the Judge will ask if you sent them, if you deny it the Judge can order the ISP to produce de facto copies of what was sent, which no one can alter - this is why emails are now admissible in a Court of Law.

Please see: HERE

BHIC

thanks for the pointer. A bit deja-vu this one - my apologies but I think you've corrected me before on this one. I've now saved your link to the issue in my favourites.

Again, thanks for the correction.

Mike

Thanks for all the replies and advice.

Tried Trading Standards and they don't want to get involved. Said I needed to contact ABTA.

Will try giving them a call.

No problems Mike. I had a problem on another Message Forum about emails and the Courts, and that is how I was made aware of it. But like you, prior to that I also believed emails could not be used as evidence in court, but apparantley, as you can see from that link, they can.

Another view;

FC's room offering is a "twin room sleep 3 adults". A twin room tends to have two "proper" beds; any additional beds are likely to be a sofa bed or some type of additional bed that is placed in the room when a 3rd bed is required. If it was a room with three "proper" beds it would be called a triple room. I don't have a FC brochure to hand but is there anything in the "Important Info" pages that state what the third bed could be? I know other tour operators brochures often mention this could be a rollaway type bed and that rooms that have extra people may be cramped.

Whilst FC don't actually state that the third bed is not a camp bed, from your post it seems that neither do they say that it won't be. I guess that's down to your interpretation of what you thought you were buying.

The hotel's own website accepts a reservation for 3 adults and describes this as a "twin room with extra bed". I'm not sure why the hotel therefore said the room was not suitable for three adults when fifelichie called, unless possibly this was confused when fifelichie requested an upgraded room direct with the hotel. Perhaps these upgraded rooms to sea view or side sea view rooms may indeed not be able to accommodate the third person. The standard rooms, which is what FC have sold fifelichie, do take a 3rd adult.

I suspect that unless you have a reservation for one of the "family rooms" you will be provided with a twin room with an extra bed (a rollway bed) which is what the brochure seems to imply. I agree that the FC staff member should not have told you verbally that it would not be a camp bed and may have been either ignorant to the hotel room layout, or just wanted to get you off the telephone. This might also explain the resistance to putting anything in writing.

I think you will have more luck resolving this issue if you call FC and take the line that someone (ideally quoting their name) told you that you would not have a rollaway bed in the room and that because you believe this not to be the case, ask them to upgrade you to a family room. I think this will be better that taking the line that the "twin room sleep 3 adults" doesn't specifically state what type bed the 3rd bed was as I think your presumption that thought that it wouldn't be a camp bed/rollaway bed. The hotel doesn't however have many family rooms and as you are travelling in the school holidays these may have sold out.

Good luck sorting this out.

I don't have a FC brochure to hand but is there anything in the "Important Info" pages that state what the third bed could be?

Just found it. Under "Essential Reading" section 4, Extra beds. It does state that the 3rd bed could be a rollaway/camp bed.

Sorry - probably not what you wanted to hear.

The truth is always welcome Traveller, even if it isn't convenient.

Good post Traveller.