WARNING Beware booking on the internet as no rights

[tescorank]

Just come back from court today and this shocked me.

I booked a hotel in Calcutta (Kolkutta now) through one of the Largest booking websites although I left it to the lastminute
they still had rooms available and confirmed reservation, I turned up late at night after a long flight to be told no rooms, I called website and asked for the copy booking confirmation they had received from hotel to be emailed to me to no avail, basically It was a busy time and no rooms were available at this or any other hotel, even though for the next few days this hotel was still advertised as available. I ended up walking the streets and eventually managed to sleep on someone's floor.

So I year later I go to court to seek some sort of compensation to be confronted by a Barrister who said to the Judge that Internet agencies are only agents and there is no duty of care..so a WARNING Internet agents can book things that are non-existent and then let you travel anywhere and if it's not available just refund your payment and you're on your own...good job it wasn't my 18 year old daughter.

[smifffymoto]

So the morel of the story is to use ATOL and ABTA agents.I use flightsdirect or flight centre for this reason.They may not always be cheapest but price isn't always the only factor.

[Rick101]

I usually use Booking.com. Would they be covered?

[matt3001]

I usually just stick to booking with a hotel direct.

Find the cheapest comparison site deal and then get on the blower and 9/10 they will match it and you have the comfort of speaking to reception personally - avoids issues like this.

The exception is if I book with BA holidays etc - who are ABTA/ATOL as someone else has said previously.

[tescorank]

Rick101 said:

I usually use Booking.com. Would they be covered?

No, they are just an advertising platform, bit like a newsagent that lets people put an advert in the window.

Through the website we (Booking.com B.V. and its affiliate (distribution) partners) provide an online platform through which all types of temporary accommodation (for example, hotels, motels, hostels and bed & breakfasts, collectively the "accommodation(s)"), can advertise their rooms for reservation, and through which visitors to the website can make such reservations. By making a reservation through Booking.com, you enter into a direct (legally binding) contractual relationship with the accommodation provider at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the accommodation, transmitting the details of your reservation to the relevant accommodation provider and sending you a confirmation email for and on behalf of the accommodation provider.

in my case I did receive a confirmation email and monies debited from my account, but still no duty of care...it was not booking.com but I understand from speaking with the barrister later that this is what all internet only agents operate behind.

[karona]

We use Booking.com only to find available rooms, then contact the hotel direct, and always get a better deal, because B.c charge the hotel a 'finder's fee' if you book through them.

[Mojooo]

smifffymoto said:

So the morel of the story is to use ATOL and ABTA agents.I use flightsdirect or flight centre for this reason.They may not always be cheapest but price isn't always the only factor.

ATOL protection would make no difference as it covers insolvency not breach of contract.

OP what were you suing them for? breach of ocntract or misrepresentation or negligence?

[tescorank]

smifffymoto said:

So the morel of the story is to use ATOL and ABTA agents.I use flightsdirect or flight centre for this reason.They may not always be cheapest but price isn't always the only factor.

Would like to agree with you until you read the terms and conditions of any internet booking, so for instance found this on Telegraph travel pages, ABTA and Atol bonded

http://www.telegraph.co.uk/travel/sunandsea/104940...

yet when you go though to book hotel and look at the terms and conditions
and read the fine print there is no reference to ABTA and ATOL but the usual nothing to do with me.

http://www.travelnow.com/templates/349644/terms-of...

[blueg33]

I had similar issues last year with Travel Republic. Flights and hotels for 4 booked through them. Last minute email to say hotel has cancelled because works have over run. Refund on 1 hotel room but not the other as they had booked the rooms through two different sub agencies also no refund onn the flights or car hire! Alternate hotel oferred was rubbish I booked 5 star all inclusive alternate was 3 star bed and breakfast at similar price. Schooll holidays so no other hotels available and still no refund on flights worth £2k.

Finally had to sort hotels myself.

Discussed with Consumer Association Solicitor who says that in most of Europe this practice is illegal, but not in UK. They get 1000's of these a year.

[Mojooo]

That is because when you put together a 'package' on these sites you are not actually booking them as a package which would treat them all as a joint product - they are seperate orders. so if they balls a hotel up they just have to refudn the hotel - not everything associated with it.

travel republic have actually been in a court case (and won) over this point

EU is itnroducing new rules in the future which may increase protection though.

[blueg33]

Mojooo said:

That is because when you put together a 'package' on these sites you are not actually booking them as a package which would treat them all as a joint product - they are seperate orders. so if they balls a hotel up they just have to refudn the hotel - not everything associated with it.

travel republic have actually been in a court case (and won) over this point

EU is itnroducing new rules in the future which may increase protection though.

Yep, But their web page (now changed) made it look exactly like a package. Consumer Association were looking into that at the time

Suffice to say that I won't eber use them again and neither will my friends or relatives. i usually book all aspects of a holiday myself, I used them as I was too busy at work to do that and wanted a safety net. I was told about the hote issue 3 days before departure.

[tescorank]

Mojooo said:

smifffymoto said:

So the morel of the story is to use ATOL and ABTA agents.I use flightsdirect or flight centre for this reason.They may not always be cheapest but price isn't always the only factor.

ATOL protection would make no difference as it covers insolvency not breach of contract.

OP what were you suing them for? breach of ocntract or misrepresentation or negligence?

negligence! On the basis that they continued to advertise the hotel whilst knowing that it was not available.

[tescorank]

UPDATE TO MY POST A COUPLE ABOVE

So here's the classic example from Daily Telegraph with the proudly displayed "Travel website of the year" as it states why book with T Travel and one of the reasons stated is ABTA and ATOL bonded however continue booking online and you will eventually have to agree these terms and conditions as per my post above.

http://www.travelnow.com/templates/349644/terms-of...

Which does not mention any rights or companies that have abta numbers, so I phoned the number on the webpage as displayed and asked for abta/atol membership number the operator and supervisor advised "we are hotels.com-online operating from the Philippines and they were not aware of any such membership"

So it would appear that its best avoiding online booking altogether unless of course you like the adventure of sleeping on an unknown floor somewhere.

I just cant believe this is the norm, but the more I am digging the more astounded I'm becoming!

Edited by tescorank on Thursday 5th December 02:23

[megaphone]

Surely this is something that BBC Watchdog or similar would be all over, OP have you thought of contacting them, with all your evidence?

[Andehh]

OP, email a newspaper about this. They'd bite your hand off for such a big story....

Everyone does it
Anyone could find themselves in your situation
Sleeping on a floor
Big bad company hiding behind an awful loophole

[tescorank]

megaphone said:

Surely this is something that BBC Watchdog or similar would be all over, OP have you thought of contacting them, with all your evidence?

Going to write to them this weekend

[tescorank]

Andehh said:

OP, email a newspaper about this. They'd bite your hand off for such a big story....

Everyone does it
Anyone could find themselves in your situation
Sleeping on a floor
Big bad company hiding behind an awful loophole

Unfortunately the newspapers are in bed with them (advertising etc)

But the Daily Telegraph is unbelievable..

[Mojooo]

tescorank said:

negligence! On the basis that they continued to advertise the hotel whilst knowing that it was not available.

surprising - i'd consider appealing as that seems like a basic legal point gone wrong.

how do they not owe a duty of care to the customers?

that is of course on the basis that they should have known to take the ad down - not that the hotel stitched them up.

[tescorank]

Mojooo said:

surprising - i'd consider appealing as that seems like a basic legal point gone wrong.

After working through the legal system and taking a Mackenzie friend( trainee Solicitor) Who was shocked I believe the barrister bowled over the judge on legal precedent and the law has not caught up with the internet



how do they not owe a duty of care to the customers? BECAUSE THE MAJORITY OF INTERNET TRAVEL SITES ARE
NOT THAT, Just intermediaries putting ( or not in my case) two pep low together .


that is of course on the basis that they should have known to take the ad down - not that the hotel stitched them up.

i advised the hotel upon arriving that they were fully booked but the industry hides behind in what I believe unfair terms and conditions that we all have to agree...check out the above "travel website of the year".

[tescorank]

Mojooo said:

tescorank said:

negligence! On the basis that they continued to advertise the hotel whilst knowing that it was not available.

surprising - i'd consider appealing as that seems like a basic legal point gone wrong.

how do they not owe a duty of care to the customers?

that is of course on the basis that they should have known to take the ad down - not that the hotel stitched them up.

Mojooo said:
surprising - i'd consider appealing as that seems like a basic legal point gone wrong.

After working through the legal system and taking a Mackenzie friend( trainee Solicitor) Who was shocked I believe the barrister bowled over the judge on legal precedent and the law has not caught up with the internet



how do they not owe a duty of care to the customers? BECAUSE THE MAJORITY OF INTERNET TRAVEL SITES ARE
NOT THAT, Just intermediaries putting ( or not in my case) two parties together .


that is of course on the basis that they should have known to take the ad down - not that the hotel stitched them up.
i advised the hotel upon arriving that they were fully booked but the industry hides behind in what I believe unfair terms and conditions that we all have to agree...check out the above "travel website of the year".