Consumer Rights for those experiencing the worst of the worst
Consumer Rights Advice Advice from
the Trading Standards team at Blackpool Council
regarding how to complain about not so lovely hotels
“The Consumer Rights Act 2015 states that
a service should be delivered with reasonable care and skill.
So if a hotel fails to provide a service that a reasonable person
would expect, and the consumer makes a complaint
at the time,
(Time must be given to allow the poor service to be remedied)
and should the service does not improve
a consumer has a right to a full or partial refund
for the resultant breach of contract.”
From that statement the individual must Report to a member of staff their issues
Keep a record of who (a name would be great) they spoke to
and what time and date.
For their own peace of mind they should take pictures
and record in writing the details of their complaint,
while it is still fresh in their mind
Give a suitable length of time to remedy the issues
If no action has been taken as stated
they have a legal right to either a full or partial refund
even where the booking is a non-refundable one.
If booked through an Online Travel Agent they must notify the OTA
again recording who they spoke to and when.
Again give time for a remedy to be achieved,
and if no refund has yet been achieved the OTA should be responsible for securing this
The individual has a right to share their experiences on review sites
and they could consider sharing on the social media sites of the OTA’s
particularly when the OTA lets them down as well.
The individual can complain to Visit Blackpool
and also Trading Standards.
However if complaining to Trading Standards
it is their home town council team that should be taking up the case.
Best chance of a favourable result will be where photographic
and written evidence is produced.
Where any payment has been made using a credit card
the following is applicable “Section 75 of the Consumer Credit Act 1974
this puts the liability of a breach of contract on the credit card Co
as well as the accommodation supplier
for contracts costing over £100.
Under UK law the time limit to make a civil claim is 6 years
but this does not mean that a consumer can make a claim
for poor service years after the breach.
Any claim must be made within a reasonable time.
On a recent episode of the Martin Lewis money show
it was clearly stated that though the amount of the purchase must be over £100
the amount paid using a credit card can be as little as 1p.
This means that with documented and photographic evidence as suggested the individual has the right to pursue the credit card company for the refund of their money