Legal advice sort

[Deleted member 3181]

Hi All
We are getting married in September and have booked a two week Honeymoon with p&o Cruises via TUI, when we booked they said do I want to tick a box that may give us an upgrade if one comes up, this was free, We said yes.
We was on deck 15 just up by the bridge of the ship, we got back from Malvern and logged on and found that we have been "upgraded" to the aft of the ship, room G723, We went online to see the type of cabin it was and was horrified to see the reviews that it is right above the disco and people that had stayed in that part of the ship could hear music until 1:30 am every night and also that the balcony, chairs and table outside get covered in soot.
The only difference between the original room and this one is that it has a sofa instead of a chair and is 1.5 square metres bigger.
I phoned TUI and they said that they would speak to P&O, they phoned me back and said that P&O would not move us .
I said that im not happy being kept awake until two every morning and that I have not paid £4,300 to sit in chairs covered in soot, they then said sorry nothing we can do and If I cancel the holiday I would only get 30% of my money back.
AT NO POINT WAS WE TOLD THAT WE COULD BE MOVED TO ANY PART OF THE SHIP AND 100% THAT IT COULD BE OVER THE NIGHT CLUB.
can I go for a full refund from TUI on the Grounds of being mis sold the holiday.
Thanks in advance
Bill & Wendy

 

[Markd]

I suggest that you speak to p&o direct explaining that you expected to be given an option rather than compulsory upgrade.

 

[Deleted member 3181]

Hiya
I have done that but they said because I booked with TUI then I would have to go through them, I did say about being above a disco and that music can be heard and they said......well it is a disco...….

 

[Markd]

They are both pointing at the other.
But p&o didn't say it wasn't possible to do.
Go into the TUI branch you booked with and get the manager to sort it back where it came from with P&O while you listen to the conversation.

 

[DTDOG]

I'm no legal eagle, but I agree that 'optional' should be just that, an OPTION not compulsory. I do know that your contract is with TUI and it's them you should be persuing. It's for them to contact P&O.

 

[Markd]

The contract may be with Tui if they are the tour operator or they may be an agent.
Either way Tui should sort it for you.

 

[RV2MAX]

By virtue of the fact that its listed as an upgrade then it should not cause a detriment to any of the existing parameters,
if it does then it is not an "upgrade" and therefore would not be consistent with the agreement you made . Breach of contract . eg Just because it was a bigger room with nice views would not make having one bed acceptable !