I went to a local pub for a Sunday roast and on the menu it advertised that it came with unlimited Yorkshire puddings. When I asked for a top-up, the waitress said I’d been given an old menu and the meal no longer came with unlimited Yorkshires. I asked for a discount on the bill but the manager said I couldn’t have one. Is that right?
P.L., via email.
Dean Dunham replies: If you were handed a menu that promised a Sunday roast with ‘unlimited Yorkshire puddings’ then, legally, that wording becomes part of the contract between you and the pub.
The Consumer Rights Act 2015 makes it crystal clear that goods and services must be supplied as described – and the description on the menu counts.
In other words, and as I always say, consumers should always get what it says on the tin (or the menu).
Batter disappointment: A reader felt let down when his Sunday roast didn’t come with the unlimited Yorkshire puddings as advertised on the menu
The excuse that you were given an ‘old’ menu is irrelevant and does not provide the pub with a defence here.
It’s therefore entirely the responsibility of the business to make sure its menus are up to date and accurate.
In situations like this, the law gives you two options: a repeat performance (that is, the unlimited puddings as promised) or, if that’s not possible, a price reduction to reflect the fact you didn’t get everything you were sold. You were perfectly within your rights to ask for money off the bill.
If the manager refused, I’d recommend following up in writing. Explain that the menu wording formed part of the contract and cite the Consumer Rights Act.
If the pub still won’t play ball, you could escalate the matter to local Trading Standards, who deal with misleading practices, or take it to the small-claims court.
In practice, just making it clear you’re serious about your rights is often enough to get a fair outcome and I would not advocate going to court for such a small dispute, but that doesn’t mean you shouldn’t threaten to.
Hotel was so hot and noisy we had to book another
We booked six nights at a hotel in Kent this summer through a popular online search site, paying £330.
It was unbearably warm, the windows didn’t open, the bed was uncomfortable and the other guests were building site workers who loudly traipsed around in the early hours.
We tried to ask for another room but the reception was always unstaffed.
We left after two nights and booked another hotel costing £280. We’ve asked for a refund but the hotel has not replied.
D.C, via email.
Dean Dunham replies: When you book a hotel stay in the UK, your rights come from both contract law and the Consumer Rights Act 2015. Put simply, the accommodation must be as described, fit for purpose, and provided with reasonable care and skill.
From what you describe, the hotel appears to have fallen short on several counts.
The fact the room was unbearably hot, with windows that did not open, raises clear issues around safety and habitability.
Add to that the uncomfortable bed, lack of reception support, and the noisy environment, and it’s reasonable to argue that the hotel failed to provide the service you paid for.
Walking away after two nights does not automatically end your claim. You’re entitled to argue for a partial (not a full) refund of the unused nights, and potentially compensation for the cost of having to book alternative accommodation.
The key is evidence: photos of the room, notes of your attempts to complain and proof that reception was unmanned will all help.
As you booked through an online platform, you should raise a formal complaint with both the hotel and the booking site.
Make sure your request is in writing and state clearly that the service was not provided with reasonable care and skill, referencing the Consumer Rights Act.
If the booking site or hotel refuses to engage, consider a claim in the small-claims court for the unused nights plus your out-of-pocket costs.
Before that, you could also ask your bank for a chargeback if you paid by credit or debit card, or a Section 75 claim if you used a credit card.
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