Holiday hotel facilities used for private functions

[ganesh]

Isn't this 'double selling' illegal.I can't find out anything on the net.
We stayed at a large hotel which had a private beach and several bars.During our stay we were moved from part of the beach and one of the bars to make way for wedding receptions and private parties on several nights.Surely this is against the law? They are efectively advertising those facilities to paying guests,then charging those people for their parties and using those facilities whilst stopping them from being used by us.
Any ideas where I can look into this? I was very cross at the time and I am complaining to the travel company who we booked the package with.Have I got any legal ground?

[R1Geezer]

This is not a legal matter.

[237SJ]

It`s not really double selling though is it? You paid for the use of the beach, as did the wedding reception people. Something similar happened to a friend of mine in Antigua last year. The hotel closed off the beach to guests so that they could film an in-house promo video. The guests rebelled :-) The hotel tried again the next day. An enterprising German with a Stanley knife cut the ropes that had been used to keep people away from the beach. Things got heated. When my friend got home, he managed to get 2 free nights accommodation at the hotel as recompense. It`s not much use to him though as there are lots of exclusions as to when he can use them. Don`t give up persuing it but I wouldn`t hold out much hope for any legal redress.

[ganesh]

Ok,maybe not a legal matter but surely it is morally bad. I paid for all those facilities that the hotel advertises.The hotel is then charging the wedding guests to use those facilities on top of that(they weren't even staying there) and stopping me from using them.How is that not double-selling?

[R1Geezer]

well you can try suing for compo!

[ganesh]

Yes I agree that they are guests and they have paid for that facility.So have I.Wouldn't you say that if they advertise a hotel with a beach and bar,and I book a holiday there,and that if I cannot use those facilities when I get there (because of a private party and I am refused admission to them) that I have a right to get my money back? Surely it is false advertising or something?I don't understand how they can get away with that and why it isn't illegal.
Could someone then advertise a spa which 'includes a steam room and sauna' and after you book it and get there they say 'oh,btw the steam room and sauna' have been by a private party and you can't use them'.
Come on guys there's obviously 'cause for complaint' there,isn't there?

[237SJ]

Yes, and as I said of course there is cause for complaint. You paid for a service you didn`t receive. Any holiday company/hotel worth it`s salt will warn of issues such as facilities that are temporarily unavailable or something such as building work going on nearby. You might get something such as vouchers for money off or a couple of night`s accommodation but it`s not illegal to have paying guests in a hotel and use the hotel facilities for weddings etc. Last time I was in Barbados there was a wedding going on and the bride came down to the beach for the photos. The hotel wouldn`t have dreamed of pissing off the guests by banning them.

[joko]

i agree its cheeky and you certainly have cause for complaint...i would be fuming...you are quite right...as a guest you should have been allowed to use the facilities for the entire time you were there...

but i am not sure what you can do legally in court etc...i would write a strong letter to them and ask for some sort of goodwill gesture, such as vouchers or money off etc...

[ganesh]

Thanks,at least most of you agree with me.I will attempt to get some compensation but you know what these travel companies are like.I was just hoping there was some business law I could refer to but I guess not.

[237SJ]

Tell them you`re travel industry staff and you will "spread the word" if they don`t sort it :-)

[ganesh]

It was booked on a package and I'm up against Thomas Cook here -so I'm in for a long fight!

[237SJ]

Well Thomas Cook have a reputation to uphold and they have the industry clout to put pressure on the hotel. My friend who got free nights at the Antigua hotel was only on a cheap interline deal so there is hope. Just write them a letter (I always think a letter is much better than an email) and take it from there. Good luck.

[ganesh]

That is true eddie but when I booked it I did not think that a lot of the time I would only be able to use half of the beach shown in the brochure and only 2 out of the three bars they had advertised, whichever way you look at it they have mis-sold their facilities.They have no right to ban me from anything that I am supposed to be able to use and what I have paid for.You are surely not allowed to advertise services and facilities that are not basically not there.They actually got a lot of guests up from their sunbeds and moved them to another part of the beach so that they could make way for their wedding party.And are you suggesting that it is also ok to cram us into the two other bars so that they can make extra money from their 'special guests'. I cannot see that this was right.It wasn't for just an hour while the weddings were on,this was from mid-afternoon through till very late on several evenings.Just limbering up for my letter but can't see why you don't think I have a case!You don't work for them do you?

[boxtops]

I wouldn't get into so much of a lather about it, myself. When we arrived on holiday this year, I found that the indoor pool (which I would have used) was closed for repairs - and we were moved off the private beach early one day because they were refurbishing all the furniture. Nobody was kicking up a fuss, we still had a great holiday - you still had access to a beach and you can't visit more than one bar at a time. It's up the hotel what they do with their multiple bookings. Complain by all means, but personally I wouldn't lose any sleep over it.

[ganesh]

I wouldn't have minded if they had to be closed for repairs or something unavoidable,or if I had been told this may happen before I booked it,but I do object to being pushed off a nice spot on the beach I had chosen and ordered to move to another bit just so that they can make more money.And I chose a hotel (and paid a lot of money )with a nice big beach and a choice of three bars,not half the advertised beach and two crowded bars.If I'd wanted that I would have chosen a smaller cheaper hotel with fewer facilities. I do not agree that it is up to the hotel to do what they want to do,it is up to the hotel to provide its paying guests with the facilities it advertises at all times.
I cannot help getting in a lather when people think I am just being fussy and a complainer.I cannot afford a holiday every year and I do try and choose carefully.I usually choose well but I hate it when I do not get a good service and when people are out just to make money without consideration.As some of the other posts have said I paid for a service I didn't receive.If you had specifically chosen that hotel ,boxtops,above others because of the indoor pool which looked lovely,I don't know why you weren't upset,I certainly would have been.

[joko]

i agree its not worth launching a big battle... as you still had some access, just a few restrictions...its not like you were barred entirely from all hotel facilities

its certainly worth a few emails though...

[boxtops]

ganesh, I do understand where you are coming from. No, I didn't choose the hotel because of the indoor pool, otherwise yes, I too would have been annoyed, but this time it didn't bother me too much.
I think you are entitled to complain under your circumstances, that facilities were restricted to you - and see what sort of response you get. As others have said, the reputation of Thomas Cook is at stake here.

[ganesh]

That's true joko,but surely the principle is the same.I should point out too that it was the nicest part of the beach they moved us from and the nicest bar but still technically they will be able to say that we could still sit on a bit of sand and still get a drink!To be honest this was just one of the problems at the hotel where we had a bad holiday but I won't go into that.I was maybe hoping this action of theirs was something illegal such as 'trades descriptions' or somethingwhich I could throw at them to get something back.I still think they are not allowed to do it and I will pursue it as I still feel it is money-grabbing and immoral if not illegal.It was actually a very expensive holiday in a top class hotel and we were very disappointed and a lot of things went wrong.This attitude of the hotel was typical and there were a lot of complaints while we were there.
How would you have felt though boxtops if they had opened your indoor pool and then prohibited you from going in as it was booked by private parties every afternoon?

[ganesh]

sorry boxtops,answers crossed.Thanks.