'Booking agent lost my reservation and left me ￡500 out of pocket – but only offered ￡50 compensation'

Kirit Shah writes

Last April I made a reservation for two nights in August at the Sekenani Camp in Kenya’s Maasai Mara through Hotels.com. The total cost for the five of us was $1,350 (￡1,090) to be paid direct to the lodge on arrival. I received a confirmation email.

By chance I contacted Sekenani 10 days before our arrival to ask about the weather forecast and check details of the facilities. Imagine my horror when the camp replied that Hotels.com had never confirmed the reservation and the property was now full.

I raised a complaint with Hotels.com which acknowledged the mistake. They suggested I rejig my itinerary as there was space at Sekenani a few days later. This was not possible as we were to be guests at a wedding in Nairobi.

Hotels.com said it could not help further and its customer service department offered a derisory $70 (￡57) in compensation. I was left to find alternative accommodation at the busiest time of the year in the Maasai Mara. I eventually found two rooms at Simba Lodge but these cost in excess of $2,000 (￡1,615) so I am ￡525 out of pocket through no fault of my own. Can I hold Hotels.com accountable for the extra I have had to pay?

Gill Charlton, consumer expert, replies

Back in June Mr Shah had reminded Hotels.com, for a second time, to confirm his board basis at Sekenani Camp as the original confirmation was not clear on this point. Hotels.com sent an email confirming both the reservation dates and the meal plan – so it had two chances to get it right.

When the mistake came to light in August, Hotels.com offered its “sincerest apologies” and a token compensation. It said this was because it was a “pay at the hotel” reservation and Sekenani was the billing party. Hotels.com was effectively saying it bore no responsibility for Mr Shah’s loss because it did not take any payment from him.

That a global brand, or its supplier, could make a mistake like this and deny responsibility is worrying. Its terms and conditions say: “Hotels.com and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control.”

I argued that its failure to process Mr Shah’s reservation correctly was within its control, even if no money had changed hands. In contract law, the remedy for a breach of contract terms like this is for the offending party to put the consumer back in the position they would have been in had the breach not occurred.

As Mr Shah could not be provided with his original accommodation, Hotels.com should have helped him find an alternative and also have paid any difference in cost.

Hotels.com has now recognised that it is not Mr Shah’s fault that he is out of pocket. It claims Sekenani Camp did not notify it that the booking could not be honoured and apologises for its failure to help Mr Shah find an alternative property. It has agreed to refund the additional cost paid for the replacement lodge and has issued a ￡100 compensatory voucher.

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