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Recently, we faced such a situation with a hotel in the UK. In this article, I’ll share the steps we took to resolve the issue and guide you on how to navigate similar disputes through legal channels like the Small Claims Court.
The Problem: Misleading Booking and Broken Promises
We had booked a room for 10 days through Booking.com, opting for a non-refundable rate. Before checking in, we requested to see the room, only to find it was vastly different from what was advertised online. The room was much smaller than the images shown, which was a major concern, as we had planned to stay for 10 days.
When we raised our concerns, the hotel manager assured us that they could upgrade us to a larger room on the day of check-in. Instead of accepting that, we asked for a refund or at least a coupon for future use, but they stood by the promise of an upgrade. However, when check-in day arrived, the room was not upgraded as promised.
After spending three days in the small space, we decided it was best to check out early. The receptionist assured us that we would receive a refund for the remaining nights. However, when we followed up, the hotel management claimed that we had been misinformed. When we tried to book a larger room that we could still see as available online, they insisted it was unavailable. Our requests for a refund or a coupon were ignored, and the hotel stopped responding to our emails and calls. At this point, we had no option but to escalate the situation.
Step 1: Writing Formal Letter
Begin by writing a formal letter to the hotel, even if you’ve already complained verbally. Summarize what happened, state your expectations, and set a deadline for a response—usually 14 days.
Refer to the Civil Procedure Rules, specifically paragraphs 13-16, which cover pre-action conduct. Templates can be found on the Citizens Advice website. Keep all correspondence and evidence, like emails and screenshots, to support your claim, particularly if there’s been misrepresentation.
If you haven’t attempted mediation or 'Alternative Dispute Resolution' (ADR) yet, mention in the letter that you’re open to it. Mediation can often save time and money by avoiding the need for a court hearing.
If you are not satisfied with the hotel's response, you can ask them for a final response, often referred to as a "letter of deadlock." This confirms that the hotel is unable or unwilling to resolve the issue, which is crucial if you decide to pursue legal action or explore alternative options.
Step 2 - Check If The Seller Belongs To A Trade Association
Some hotels are members of trade associations that enforce certain standards. If the hotel is part of one, check whether they have breached any rules. The trade association can provide further guidance on how to proceed.
Step 3 - Ask Your Card Provider Or PayPal To Help
If you paid via credit card, debit card, or PayPal, you might be able to recover your money. Send your card provider or PayPal a copy of your complaint letter, along with the hotel’s response (if any).
Step 4 - Check If You Can Use 'Alternative Dispute Resolution' (ADR)
Many hotels belong to ADR schemes aimed at resolving disputes without going to court. If the hotel has an ADR scheme, follow their process and submit supporting documents. If not, ask if they’re willing to participate in ADR. If you paid via credit card, debit card, or PayPal, you may also be able to escalate the issue to the Financial Ombudsman Service.
Step 5: Initiate Legal Action through the Small Claims Court
Before a court hearing, the court offers a free mediation service where a neutral mediator helps both parties try to resolve the dispute over the phone. If an agreement is reached, it will be documented as a legally binding settlement. If mediation fails, you can proceed with legal action through the Small Claims Court.
- Filing the Claim: The claim can be filed online or by post, depending on the amount you're claiming. Court fees vary, and you can find the details on the UK government website. If the hotel doesn’t respond to the claim, you can request a court judgment by submitting form.
- Court Hearing: If the hotel disputes the claim, the case will proceed to a hearing. The court will issue a decision on the day of the hearing, and you’ll also receive a copy of the decision by post.
Dealing with the hotel’s response
Once you file a claim, the court will send a copy of your claim form to the defendant. If you submitted your claim either via a paper form or through the Money Claim Online (MCOL) system, the defendant must acknowledge receipt within 14 days. They can do this by either responding to the claim or submitting an 'acknowledgment of service' form. If they choose the latter, they have 28 days from the date they received the claim details to submit their formal response. For claims made through the Money Claims system, the defendant has 19 days to respond but can request an extension of up to 33 days.
- If the defendant fails to reply, you can request a ‘judgment by default,’ meaning the court may decide in your favour due to the lack of response.
- If the defendant agrees to part or all of your claim, they may offer a settlement, and the court will notify you of this offer, providing instructions on how to accept it.
- If the defendant disagree, this is considered ‘defending the claim,’ and they must submit a formal defence, typically within 14 days of receiving the claim, or within 28 days if an acknowledgement of service was filed. The court will then send you a copy of their defence. For claims made through Money Claims, this defence must be submitted within 19 days, or up to 33 days if additional time was granted.
If the court rules in your favour and the hotel still refuses to pay, you can request enforcement of the judgment. This ensures that the hotel complies with the court’s order. If you feel the judge made an error, you have 21 days from the decision date to appeal.
Why we pursued legal action
We decided to pursue legal action for several reasons. First, the hotel misrepresented the room, as it was significantly smaller than advertised online. UK consumer protection laws safeguard against such misrepresentation, and a non-refundable policy doesn’t allow a hotel to offer accommodations that don’t meet the advertised standards.
Second, the hotel failed to honour its promise to upgrade the room. We had screenshots proving larger rooms were available, further weakening their position. Consumer rights in the UK also protect against unfair terms, and courts may rule in favour of customers if businesses fail to deliver as promised.
Finally, we demonstrated good faith by offering to accept a coupon for future use instead of a refund. This showed our willingness to compromise, which strengthened our case in both mediation and court.
Final Thoughts
Disputing a hotel booking can be a challenging process, but UK law offers protection for consumers. By following the steps outlined above, you can take control of the situation. Make sure to collect all necessary evidence, communicate clearly, and, if needed, escalate the dispute through the Small Claims Court for a resolution.
References:
Citizens Advice : https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/
Government Website: https://www.gov.uk/make-court-claim-for-money
