Whilst you are very shocked and angry about what's happened, it might help members give you advice if you were able to mention the name of the tour operator and the resort in which you had booked your accommodation.

Additional to the comments/questions posted by Alsacienne where was this accomodation advertised? Was it on the internet? Is it still being advertised by them?

fwh

Yes it was advertised and booked through tesco travel. It is no longer available on their website. Although I saved the advert and info I booked which is identical to the confirmation email I was sent. The tour operators invoice booking that came in the post specifies much smaller accommodation without the separate bedroom, which is not what I booked.

It looks to me as if the tour operator has made a mistake and is now trying to cover there tracks. I think that they probably misquoted you and the accomodation you wanted is actually more expensive. Have they reduced the cost due to smaller accomdation ?? Either way this isnt your fault and tesco should cover the cost for there mistakes, however you will find that they will be very reluctant to do this. Good luck hope you get it sorted.!!

No the have not reduced the cost. In fact they asked me to pay for bigger accommodation if I wanted it or pay cancellation fees!!!

I want them to provide what I booked as a minimum.

You should ask them if they have a recording of when you made the booking, assuming that is that you made the booking by telephone and not over the internet. If they have the call i would ask to listen to it and then point out what you agreed to book. stick to your guns and dont back down !!!

Either way, the point is that because this is a major change to your booking, which they have acknowledged, they have done all that they are usually required to do by law in offering you a full refund. Retailers are not by law required to actually sell us what they advertise if they can prove that this is a genuine mistake (as opposed to a wilful attempt to mislead the customer) - any price quoted is an 'offer to treat' and not a contractual obligation unless that price and goods offered is then confirmed. The fact they also appear to have amended their website so that future customers are not put in the position that you were suggests that it was a mistake that they have now taken action to remedy.

I think that you need to check carefully the wording on the confirmation email that you were sent - with a lot of internet based TAs (in this instance Tesco Travel?) the initial email only confirms that they have in effect 'placed an order' on your behalf for the holiday which they have forwarded to the tour operator and that the contract doesn't exist until the TO confirms their acceptance of the booking. If this was the case here then a contract for the better accommodation never existed because it was never confirmed by the TO and Tesco Travel have given you the opportunity to receive a full refund rather than accept what the TO was willing to sell you for the price.

On the other hand, if the email from Tesco Travel IS a full confirmation of the booking and makes it clear that this forms the basis of your contract with them then you might be on firmer ground for insisting that they honour it but even so I suspect that they have covered themselves by offering the full refund. Also, I think that a lot will depend on the date of the booking and how far in advance that was of the departure date. The closer together they are the greater the probability of getting some compensation from them - for example if this is for a holiday over the Christmas/New year then presumably you've already paid in full and it would be reasonable to expect them to acknowledge the problem that their mistake has caused. But if it is for Easter 2011 which is still 5 months away and you've only paid a deposit so far, the chances of compensation or of insisting that they still send you to the better accommodation for the same price is a lot less likely.

I can understand that this must be very upsetting for you - presumably it looked like a real bargain if they are now asking for nearly a £1,000 more but I suspect that they probably have complied with the law by offering you the right to cancel in return for a full refund because of the major change to what you initially thought that you had booked. A detailed examination of Tesco's terms and conditions for internet-based bookings is what will help clarify what you are entitled to in these circumstances.

SM

PS Just seen your lates post

In fact they asked me to pay for bigger accommodation if I wanted it or pay cancellation fees!!!

I'm confused now - I thought that you said in your original post that the TO had offered you a refund? Why in that case are they wanting to charge you cancellation fees? Did they not offer you a full refund? Or is it Tesco that are wanting to charge you for administering the refund?

I cant see it mentioning anywhere that they have been offered a refund !! I think from reading the original post that Tesco have made the mistake and they are now not wanting to fulfil the customers booking as this would lead to tesco loosing money . If the invoice shows the correct details that should have been booked then to me tesco should be liable, they should at least been offering you something as a resonable alternative.

The operator has said that I can have a refund as the accommodation I THOUGHT ID booked is not available.

From the poster's first post!

SM

silly me. Have you had a look at prices elsewhere ??

They were offered a refund

The operator has said that I can have a refund as the accommodation I THOUGHT ID booked is not available.

I agree with Sma's detailed post and am also confused as to whether the refund is free or if they are applying cancellation charges

They have not acknowledged their mistake.
Instead say I can cancel at no cost because "the accommodation allocated is not acceptable for my circumstances.". I.e two young children.
- why allocate it to me then.?

The first told me I would have to pay cancellations charges , i refused, and only after they spoke to their lawyers did they say I could have a full refund. With out acknowledging their mistake.

The booking was made in the last week for Xmas.

I now await the refund of £2500.

Just rereading my confirmation email it says
You are making a confirmed reservation bookings are not subject to availability!!!!!

Is this the Tesco travel: http://www.tescotravelstore.com/ ?

If so, it is really lastminute.com ?

Mark

Just a point of detail. Way back at the start the accomodation was described as a twin bedroom. Are those the exact words used to descibe it on the website because that means one room with two beds not two seperate room sections.

It would still be interesting to know which tour operator is was eventually booked with.