Travel Question: Can we make a claim over unsuitable hotel booked by travel agent?

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We were unable to go in the sea during our Mauritius stay due to windsurfers (Shutterstock/Studio Peace)

Q My wife and I, and another couple, went to Mauritius as recommended by the travel agent, a member of ABTA (Association of British Travel Agents). I am the youngest of the four at 67. Our complaint is that the hotel that they sent us to, Le Morne, is in the windiest part of the island so the sea was full of windsurfers. This meant it was not safe to go into the sea. We therefore spent two weeks sitting round the pool, 30 yards from the sea but not able to go in.

Our argument is that we should have been asked by the travel agent if we were planning to go windsurfing? If not, then this hotel was not for us. They are refusing to take responsibility for sending us to a hotel, picked by them, that was not suitable for our needs. What do you suggest we do?

Mike C

A The first line of the ABTA code of conduct requires that members of the travel association shall: “Make every effort to ensure that accurate information is provided to enable clients to exercise an informed judgement in making their choice of travel arrangements.”

I have not had the chance to visit Le Morne, but tapping “Le Morne” and “reviews” into a search engine leads immediately to the assertion: “Le Morne is the best place on the island to learn kitesurfing.” This indicates the shore will be different from the typical tropical idyll.

Whether or not you have any grounds to challenge the travel agent turns on what was said to encourage you to stay there, and what other information you were given at the time (eg a brochure showing people happily swimming in the sea, with no sign of windsurfers or kitesurfers).

I suggest you draw the travel agent’s attention to the ABTA code of conduct, and along with that, give as close an account as you can to the assertions that were made when you were invited to book. You can then ask for a partial refund.

It is possible – indeed likely – that the agent will refuse your claim. In this case, you can choose between complaining to ABTA or taking legal action through Money Claim Online. If you choose the latter course, first write a letter before action, spelling out what you believe you are due, and warning that you will resort to law if you do not get a positive response within two weeks. Then follow it up, if necessary, with an online claim.

Every day our travel correspondent Simon Calder tackles a reader’s question. Just email yours to s@hols.tv or tweet @simoncalder