Ruth Chambers
Registered User
- Messages
- 3
Hi folks,
I'd love if someone could shed some light on this for me.
So in July 2015 I booked a week's accommodation in Cambrils Park Resort in Spain for my family. The rate I was given was €790 for seven nights and I was requested to pay a 20 percent deposit of €158, which I did. I was of the opinion I owed the resort €632 on my arrival.
This week my friend, who also booked online last July, arrived with her family in Cambrils Park. At check in she was handed her bill for the week's accommodation, which was €300 more than it was at the time of booking. The resort said that as she booked before November 2015 she booked at the summer 2015 rates. The rates have increased since last summer apparently. She was also informed that this was in the terms and conditions.
I called the resort and it turns out I'm in the exact same position. Just to check the T&Cs I went to make a dummy booking for next summer and indeed, when you click in to them, it says:
So there you have it, hands up, silly me clicked without reading the T&Cs.
However, I have a few questions .....
1. Are the resort not obliged to tell you your rate before your arrival. I would not have known of this only for my friends' experience.
2. I've done some research and the European Commission Consumer Rights directive, states that I, as a consumer, must be informed of the total cost of a service and that any extras will not have to be paid if not properly informed before I place an order. The directive also states that price information must be unambiguous, clearly legible and easily identifiable, which I believe was not the case at the time of booking.
3. And finally the EU Commercial Practices Directive also states that a commercial practice is misleading if a trader in any way, including overall presentation, deceives or is likely to deceive the average consumer, even if the information is correct. It also states that a commercial practice is misleading if such a practice causes or is likely to cause the consumer to take a transactional decision that he or she would have otherwise not taken.
So, do I have a leg to stand on? They have already gave me the generic response of it's in the T&Cs and you're more than welcome to a full refund. I don't want a refund, I want to take my kids to this resort for their first ever holiday abroad but €300 extra has left a sour taste in my mouth and it's almost more about the principle at this point.
I'm afraid if I push it too much with them they will cancel my booking and we'll be left high and dry.
Sorry for the big rambling post; I hope I'm making sense.
TIA
I'd love if someone could shed some light on this for me.
So in July 2015 I booked a week's accommodation in Cambrils Park Resort in Spain for my family. The rate I was given was €790 for seven nights and I was requested to pay a 20 percent deposit of €158, which I did. I was of the opinion I owed the resort €632 on my arrival.
This week my friend, who also booked online last July, arrived with her family in Cambrils Park. At check in she was handed her bill for the week's accommodation, which was €300 more than it was at the time of booking. The resort said that as she booked before November 2015 she booked at the summer 2015 rates. The rates have increased since last summer apparently. She was also informed that this was in the terms and conditions.
I called the resort and it turns out I'm in the exact same position. Just to check the T&Cs I went to make a dummy booking for next summer and indeed, when you click in to them, it says:
- For 2017 reservations made before November 2, 2016, a percentage from the total amount will be charged as a downpayment (based on 2016 prices)
- The final amount of your stay may vary due to price increases for 2017
- The dates which define the limits of each price period may be modified
So there you have it, hands up, silly me clicked without reading the T&Cs.
However, I have a few questions .....
1. Are the resort not obliged to tell you your rate before your arrival. I would not have known of this only for my friends' experience.
2. I've done some research and the European Commission Consumer Rights directive, states that I, as a consumer, must be informed of the total cost of a service and that any extras will not have to be paid if not properly informed before I place an order. The directive also states that price information must be unambiguous, clearly legible and easily identifiable, which I believe was not the case at the time of booking.
3. And finally the EU Commercial Practices Directive also states that a commercial practice is misleading if a trader in any way, including overall presentation, deceives or is likely to deceive the average consumer, even if the information is correct. It also states that a commercial practice is misleading if such a practice causes or is likely to cause the consumer to take a transactional decision that he or she would have otherwise not taken.
So, do I have a leg to stand on? They have already gave me the generic response of it's in the T&Cs and you're more than welcome to a full refund. I don't want a refund, I want to take my kids to this resort for their first ever holiday abroad but €300 extra has left a sour taste in my mouth and it's almost more about the principle at this point.
I'm afraid if I push it too much with them they will cancel my booking and we'll be left high and dry.
Sorry for the big rambling post; I hope I'm making sense.
TIA