Hi All
Just wondering if anybody could give me some advice - We have booked a holiday to the Titanic Resort - Turkey 30/07/10 - This was booked in June 09. At the beginning of March we recieved a letter from First Choice advising that the room shown in the brochure was not actually contracted by them and therefore we would not get the room shown. We booked this holiday on the strength of the pictures in the brochure and we are naturally disappointed that we will not get what we believe we have rightly paid for. Having contacted FC by phone they would not offer any discount and asked for us to put our greivances in a letter - We have done this, also highlighting the claim in the small print of the brochure - 'that what you see in the brochure is what you will get on your holiday' and also made reference to fact that First Choice are in breach of Reg 12 and 13 of the Package Travel Regulations as there has been a significant change made to our holiday. Furthermore there has been a reprint of the brochure since we recieved our letter and the room is still shown. We are now awaiting a written response from First Choice. In the meantime does any one have any further advice if we recieve an unsatisfactory response.
Your advice and comments would be greatly appreciated
Many Thanks
Normid Nomad
                    
                                    
            
                
                HI Normid Nomad,
To be honest with you, I've very rarely had a room that looked exactly as it did in the brochure and am very surprised that they wrote to you specifically to tell you that this will not be the room you will have. I thought the small print said somewhere that exact rooms cannot be guaranteed.
As most hotels have different room types, it would be impossible for them to show pictures of them all. What led you to believe that you'd get the exact room that was shown?
i think the only thing they are obliged to do is to give you a room that complies with the type of room booked e.g. if your confirmation invoice states you've booked a dbl with balcony/terrace etc, you are entitled to exactly that and not a twin without balcony/terrace. i doubt very much that you'll get any joy from them regarding your assumption that this is a major change.
I am no expert and I could be wrong but it will be interesting to see what others think.
            
        To be honest with you, I've very rarely had a room that looked exactly as it did in the brochure and am very surprised that they wrote to you specifically to tell you that this will not be the room you will have. I thought the small print said somewhere that exact rooms cannot be guaranteed.
As most hotels have different room types, it would be impossible for them to show pictures of them all. What led you to believe that you'd get the exact room that was shown?
i think the only thing they are obliged to do is to give you a room that complies with the type of room booked e.g. if your confirmation invoice states you've booked a dbl with balcony/terrace etc, you are entitled to exactly that and not a twin without balcony/terrace. i doubt very much that you'll get any joy from them regarding your assumption that this is a major change.
I am no expert and I could be wrong but it will be interesting to see what others think.
                
                I am sorry you are having this problem. I personally would never book a holiday on the strength of a room picture in a brochure, as most hotels have many different types of room and even the same types are not identical. 
Have First Choice said what type of room you will be allocated? Are you able to see any pictures of it. Is it possible that it may be just as good as the one in the brochure?
Much as I agree that this sort of thing should not happen I cannot see that this falls into the significant change category as laid out in the tour operators T&Cs.
            
        Have First Choice said what type of room you will be allocated? Are you able to see any pictures of it. Is it possible that it may be just as good as the one in the brochure?
Much as I agree that this sort of thing should not happen I cannot see that this falls into the significant change category as laid out in the tour operators T&Cs.
                
                Let me assure you that ALL of the rooms at the Titantic are great, most of them with a side sea view. They are very roomy - my son DIL and 3 children had plenty of room  even in a standard room. They are nicely decorated and CLEAN.
I haven't seen the brochure in question but maybe it is of one of the 'villa' rooms or family rooms, that had been photographed and inserted by 'mistake'. I always take the photo of the room in the brochure with a pinch of salt - of course they are going to photograph the best room.
I think they will also state in their T&C's that the photographs are an interpretation only and that it doesn't mean you will get that exact room. It is the written word that is more important, and as long as they forfill that part they are covered.
Don't let it spoil your holiday - the Titantic is a fantastic ultra 5* AI with fantastic facilities. You will love it there!
Denny
            
        I haven't seen the brochure in question but maybe it is of one of the 'villa' rooms or family rooms, that had been photographed and inserted by 'mistake'. I always take the photo of the room in the brochure with a pinch of salt - of course they are going to photograph the best room.
I think they will also state in their T&C's that the photographs are an interpretation only and that it doesn't mean you will get that exact room. It is the written word that is more important, and as long as they forfill that part they are covered.
Don't let it spoil your holiday - the Titantic is a fantastic ultra 5* AI with fantastic facilities. You will love it there!
Denny
                
                This is the photo of the room they are showing at present, just looks like an ordinary room to me (albeit a bit small) :- http://www.firstchoice.co.uk/holidays/turkey-antalya-holidays/lara-beach/titanic-beach-and-resort-hotel/#Rooms
                
                
                
                                    
            
            
        
                
                What room type did you have booked and what room type are they now offering you? Did you pay more for the room pictured in the brochure - was there a supplement? I think they have probably have covered themselves as they have notified you.
                
                
                
                                    
            
            
        
                
                All pictures shown in brochures are for illustrative purposes only. In many cases you can pay extra for such as sea facing, although depending on the hotel build it might not be a full on view. If you have paid extra for a particular type and they are then unable to supply you would be able to claim back the additional charge. But you might also spend many months getting it.
I think at this stage you are making your own problems. The room is only a part of your holiday. Go and enjoy and if it really is a problem then speak with the rep when in resort and if necessary make sure you complete a complaint form detailing your problem whilst there.
fwh
            
        I think at this stage you are making your own problems. The room is only a part of your holiday. Go and enjoy and if it really is a problem then speak with the rep when in resort and if necessary make sure you complete a complaint form detailing your problem whilst there.
fwh
                
                I don't think you'd get away with saying that a change in room within the same hotel is a significant change - it's unlikely that standards within one hotel would vary enough.
The "what you see is what you get" clause is interesting and worth probing although you couldn't possibly be certain of getting the very room in the brochure whatever they promised, you would have to exercise a bit of commons sense and expect a few detail differences.
Just what are they saying you will get now? You need a clear statement ASAP.
Given that clause, if what they are now offering is nothing like what was shown then you have a straight case of breach of contract. That isn't legal grounds to renegotiate terms (although there's nothing to stop you trying). If they say they can't provide a holiday that matches the contract your main way out is to ask for a full refund and cancel, I wonder if the letter they sent is trying to get you to do that because they have bigger problems? If they respond with a discount offer that you like then it's up to you but if you accept the new deal you might have problems if you don't like it when you go and try to claim more later.
            
        The "what you see is what you get" clause is interesting and worth probing although you couldn't possibly be certain of getting the very room in the brochure whatever they promised, you would have to exercise a bit of commons sense and expect a few detail differences.
Just what are they saying you will get now? You need a clear statement ASAP.
Given that clause, if what they are now offering is nothing like what was shown then you have a straight case of breach of contract. That isn't legal grounds to renegotiate terms (although there's nothing to stop you trying). If they say they can't provide a holiday that matches the contract your main way out is to ask for a full refund and cancel, I wonder if the letter they sent is trying to get you to do that because they have bigger problems? If they respond with a discount offer that you like then it's up to you but if you accept the new deal you might have problems if you don't like it when you go and try to claim more later.
                
                I really don't understand why they've sent you a letter unless they are giving you a totally different looking room with less spaces etc!
If you think about it most pictures in a brochure will be of the 'best' room and we should all expect something similar but I've never got the best room and I've never got a letter saying it'll be different. can you type out exactly what the letter says? Did you pay for any extras?
            
        If you think about it most pictures in a brochure will be of the 'best' room and we should all expect something similar but I've never got the best room and I've never got a letter saying it'll be different. can you type out exactly what the letter says? Did you pay for any extras?
                
                Yes, I'm looking forward to the original poster getting back to us with more info.  It will be interesting to know what the letter says.
                
                
                
                                    
            
            
        
                
                Thanks for all of yor replies - I will submit a copy of the letter over the weekend
Once again thanks for all of your input
Normid Nomad
            
        Once again thanks for all of your input
Normid Nomad
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