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United Kingdom Your Rights Online

UK Hotel Adds Hefty Charge For Bad Reviews Online 307

Bizzeh writes: A British couple has been "fined" £100 by a Blackpool hotel for leaving critical comments on Trip Advisor. The UK's Trading Standards organization is investigating the incident, saying it may breach regulations. The Broadway Hotel's booking policy reads (in small print), "Despite the fact that repeat customers and couples love our hotel, your friends and family may not. "For every bad review left on any website, the group organizer will be charged a maximum £100 per review."
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UK Hotel Adds Hefty Charge For Bad Reviews Online

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  • by Anonymous Coward on Wednesday November 19, 2014 @02:22AM (#48415619)

    The card charges 30 pounds fee to refund it, and the hotel loses the money and the fee.

    Do that often enough and the hotel will lose the right to take credit cards, because the card companies don't want scams like this.

    A hotel that can't take credit cards will lose most of their business very quickly.

    • by Anonymous Coward on Wednesday November 19, 2014 @02:31AM (#48415663)

      The couple have sought a refund via their credit card company.

      FTA

    • Re: (Score:2, Interesting)

      by Anonymous Coward

      Something is fishy here. This exact same thing happened at the union street guest house in NY six months ago, even the wording of the terms and conditions is the same. I smell a hoax.

      • by Barny ( 103770 )

        More than likely the owners of this place saw it and thought it was a great idea.

    • The card charges 30 pounds fee to refund it, and the hotel loses the money and the fee.

      Do that often enough and the hotel will lose the right to take credit cards, because the card companies don't want scams like this.

      A hotel that can't take credit cards will lose most of their business very quickly.

      In the past, I'd have agreed with you, but not any more. Things have really changed in the credit card industry since what we call "the Great Recession" in the USA. In the past, I successfully protested several charges and one time got almost $400 taken off over a dispute with a Hong Kong hotel. Approximately 6 years ago, I bought 2 tickets on a European based airline. I don't want to name them, but let's just say it's not a major carrier and they aren't particularly well known unless you happen to live

  • by itsme1234 ( 199680 ) on Wednesday November 19, 2014 @02:23AM (#48415625)

    BROADWAY HOTEL SUCKS

    Come and take your 100 pounds for this.

    Streisand Effect anyone?

    Last review from tripadvisor:

    "I spent two nights for my son's 18th birthday at this hotel, but had I read the reviews 1st I wouldn't of stayed at this hotel. The breakfast was disgusting, the tables and cutlery were filthy and the dining room looked as it hadn't seen a hoover in months. In our bedroom the shower head was useless cause you had to hold it yourself as the holder on the wall was broken also I don't think they clean the showers regular cause it was filthy, we couldn't turn the TV on, the floor was dirty. In my son's room he couldn't turn the heating off so had to be too hot all night "

    • by Anonymous Coward on Wednesday November 19, 2014 @03:09AM (#48415779)

      BROADWAY HOTEL SUCKS

      You were lucky! Instead of breakfast they gave me a green paste of dubious origin. The room had no shower, if you wanted to get clean you had to stand under the rain. On the bright side, the holes in the roof helped do that while staying in. On the other hand, there were no windows, just holes in the wall (on one of the three standing walls, the fourth one was just a hole into the abyss.

      Of my two sons, one disappeared after going to the kitchen for dinner. We had to sell the other to pay the fine for this review.

      • by korbulon ( 2792438 ) on Wednesday November 19, 2014 @05:00AM (#48416117)

        BROADWAY HOTEL SUCKS

        You were lucky! Instead of breakfast they gave me a green paste of dubious origin. The room had no shower, if you wanted to get clean you had to stand under the rain. On the bright side, the holes in the roof helped do that while staying in. On the other hand, there were no windows, just holes in the wall (on one of the three standing walls, the fourth one was just a hole into the abyss.

        Of my two sons, one disappeared after going to the kitchen for dinner. We had to sell the other to pay the fine for this review.

        "Eh, you were lucky to have a room! We used to have to live in t' corridor!"

        "Oh, we used to dream of livin' in a corridor! Would ha' been a palace to us. We used to live in an old water tank on a rubbish tip. We got woke up every morning by having a load of rotting fish dumped all over us! Hotel? Huh."

    • The reviews of the hotel are almost certainly being outrage spammed already. What's interesting is the reviews before this.

    • by bazorg ( 911295 )

      One of the reviews starts with "Words fail me", I hope they all started taking photos so that this doesn't all end up in a nasty case of slander/libel.

      • by xaxa ( 988988 )

        There are plenty of photos on Tripadvisor, and they're not nice. (e.g. mouldy socks left in a drawer, chunks of damp plaster falling off walls.)

    • by Peter Simpson ( 112887 ) on Wednesday November 19, 2014 @06:40AM (#48416365)
      is the owner's name Fawlty, by any chance?
  • Meet Streisand (Score:5, Insightful)

    by whoever57 ( 658626 ) on Wednesday November 19, 2014 @02:25AM (#48415629) Journal
    The owners of this hotel are no doubt becoming familiar with the Streisand effect right now. OTOH, £36 for a hotel room? What did they expect? I know it's Blackpool, but still, no one should expect much for £36 pounds.
    • Re: (Score:3, Insightful)

      by lsllll ( 830002 )
      I agree. The other thing, though, is that IT'S A CONTRACT. Read, read read! I don't know why people who don't read the contract try to get out of it later. I know it's not kosher to put things like this in the contact, but contracts are like that. They're usually one sided in favor of one party or another. The question is, whether this was illegal (extorting money for negative reviews). If it wasn't, then I don't see how one should be able to get out of it.
      • I agree. The other thing, though, is that IT'S A CONTRACT. Read, read read! I don't know why people who don't read the contract try to get out of it later. I know it's not kosher to put things like this in the contact, but contracts are like that. They're usually one sided in favor of one party or another. The question is, whether this was illegal (extorting money for negative reviews). If it wasn't, then I don't see how one should be able to get out of it.

        This was a simple retail transaction, not a commercial negotiation.

        Luckily, I doubt that this hotel will be seeing many of the latter until they come to talk to their liquidators.

      • The 'charge' for a negative review is a 'minimum of pds 100'? I'd like to see this stand up to legal scrutiny.

      • Re:Meet Streisand (Score:5, Interesting)

        by Richard_at_work ( 517087 ) on Wednesday November 19, 2014 @04:27AM (#48416015)

        Such "contracts" hold little to no water in the UK, which is why Trading Standards is involved - this hotel is going to get buttfucked from here to Singapore by quite a few government bodies over this, and quite probably lose their merchant status for accepting cards.

      • Illegal clauses are null and void by default, and unforceable on a jury.
    • I know it's Blackpool, but still, no one should expect much for 36 pounds.

      You say that, but there are plenty of local B&Bs and some of the big national chains like Premier Inn that would charge little more than that for a night off season and still offer decent accommodation and a good breakfast. Short stay accommodation is a fiercely competitive market in Blackpool, and prices really can be much lower than similar places in most of the UK.

    • £36 can get a weekday travel lodge / premier inn type room. Decent bed, clean sheets working bathrooms. Walls are a tad thin as they are all prefabricated dropped in on a crane on the back of a lorry. But the parking is free. Food is bad though as it is all microwaved. Minimal staff. Years ago you could stay in an F1 hotel in France. Private rooms but shared bathroom facilities. Favourite of bikers and truckers. 15Euro + 3 for breakfast. You got a double bed and a bunk bed above it, TV, sink + 3eur
  • by Anonymous Coward on Wednesday November 19, 2014 @02:25AM (#48415633)

    While crap like this is obviously bogus, one easy way to short-circuit it is to simply never use your real name on any of these review sites.
    If they can't identify you, they can't extort you. Especially if you use a pseudonym that is really common like say William Brown or John Williams.

  • So maybe this couple should have checked Trip Advisor before staying there...

    Nonetheless, I think this hotel has pretty much fucked itself now. If anybody wanted to stay there before, they surely won't now.

  • I can't imagine a credit card company would approve of their card being used to "fine" customers. Accept an IMMEDIATE chargeback (which I assume they will, as the charge is insane) and tell the company one more violation and their contract is cancelled.

    And then, good luck with a hotel accepting payment "cash only"...

    • Checks (cheques, this being a British hotel) do still exist, but yeah, that would still be pretty much a death knell. The only time I don't pay for a hotel online (with my credit card) is if I'm in a place so remote I either don't get cell signal or they aren't listed on the online booking sites. Even in most of those places, though, I pay with my card. The only time in the last decade I've paid cash for lodging was a few "tea houses" in the Himalayas, most of which didn't even have electricity (maybe one s

      • by Richard_at_work ( 517087 ) on Wednesday November 19, 2014 @04:30AM (#48416023)

        Pretty much no larger business accepts cheques these days in the UK, and hasn't for several years - cheques have essentially been relegated to inter-personal transactions or smaller business (single person style businesses) because of the cost of handling them as a business.

        • Ah, I didn't realize. I assume they're still used for major transactions like buying a car or something?

          I live in the USA, but aside from rent and occasionally paying a friend for something expensive I haven't used a check since graduation except to pay rent and buy my car.

          • Cheques are notoriously bad for guaranteed payment - businesses would only accept a cheque if your bank also issued you with a cheque guarantee card (usually just a different design on your debit card), which means the bank would guarantee to cash the cheque up to a certain amount, taking the matter up with the writer of the cheque if it bounced. If you tried to cash a cheque without a guarantee (or a cheque over the guarantee amount) and it bounces, you are SOL and have to take it up with the writer yours

            • by Barny ( 103770 )

              Where I used to work we had a cheque underwriter. Basically, when we got a cheque we would need to call up and feed all the details off it into the phone-service, they would give us an auth number to write on it. If the cheque bounces or is otherwise bad, we still got our money and THEY would undertake the hunting of the person.

              Downsides:
              3% processing fee
              Takes about 10 mins
              Customers who pay regularly by cheque are usually arseholes and will complain bitterly about the above two downsides, while holding up o

              • Is that in the UK? Never heard of that before, and certainly never came across it in the UK - if you don't have a guarantee card, the cheque would be refused, it was that simple.

            • Cheque guarantee was worthless. I had a bounced cheque about 7 years ago with a guarantee card. He had closed his account yet not surrendered his cards to the bank on closing. Was only £22 but I was quite annoyed.
  • by ruir ( 2709173 ) on Wednesday November 19, 2014 @04:00AM (#48415945)
    We have had them for years here. They are tied to my account, and in and every need, I create a separate one with the limit of the value I want to pay. You can create one for single use, or one with a validity of one year for being charge by a single merchant. The advantage of the process is that you place a roof on the limit. Yeah, I am paying a 50 euro charge, maybe I create a card with 51 euros. Last time a big hotel here asked a VISA card just to book my parents, but on the conditions said "this will be only used if the guests do not show up"...well, I created a virtual VISA with 5 EUROS. First thing my parents heard from the idiots "Your VISA card is not working". Even my Apple account is tied to a virtual VISA card with a small amount..The scheme has existed here for almost decade, and it well tested and proven to work.
    • by ruir ( 2709173 )
      Before VISA cards do existed, when I went on bussiness trips with everything pre-paid by the company, was by the standard request of asking for a credit card for expenses at the reception desk "I dont have one". Probably as I was foreign and young, it worked beautifully.
    • Did you know that cards can be validated for an amount as well as charged?

      When I book a hotel stay for $x and give them a card to hold it the first thing they do is validate with the CC company that the card can be charged $x. When I check out they ask how to settle the bill including charging the amount to a different card.

      So if a hotel wants a card to book a room (guaranteeing payment on no-shows) and you provide a dummy card that they could not charge for the amount then over here we call that fraud. But

    • by HnT ( 306652 )

      They are not idiots for saying "your card was declined". Hotels and car rentals are notorious for blocking amounts on your card, just in case. When they tell you the card was declined what really happened was that at minimum they tried to block whatever amount they felt is justified to rip you off in case your parents would not have shown, more likely they tried to block the whole amount for the stay up front. Car rentals do the same even after you brought the car back, for potential overlooked damage or t

    • "this will be only used if the guests do not show up"...well, I created a virtual VISA with 5 EUROS. First thing my parents heard from the idiots "Your VISA card is not working".

      Hotels typically do a pre-authorisation on your card which essentially checks to see if the card is active and that you have enough balance to cover the amount they are pre-authing. It does this by placing a hold on that amount until the transaction is settled or the authorisation falls off (usually a couple of days, but could be l

    • by AmiMoJo ( 196126 ) *

      There are a couple of companies that offer virtual credit cards in the UK, but it isn't clear if you get the same level of protection that you would if you used a real credit card.

      We have something called Section 75, which basically says if you pay (or part pay) for a product worth over £100 on a credit card the card issuer (bank) is jointly liable with the vendor for any issues. As an example a guy paid a £500 deposit for a £27,000 car on credit card and the rest in cash

    • I like the sound of these, but I've never had one, and never felt like I needed one either. I've never been ripped off in any way that I couldn't resolve entirely with one (or at worst, two) phone calls to my bank.

      Visa/mastercard/Amex are all ways of reducing my risk, not increasing it. Even if I drop my wallet on the floor outside right now, any money spent on my cards is not my concern - it's the bank's problem, not mine. I guess if the bank could prove I was negligent with my cards, they might not pay up

  • by Wootery ( 1087023 ) on Wednesday November 19, 2014 @05:11AM (#48416145)

    To avoid this 'charge', would it be enough to just wait until you've checked-out before posting your review? Or would they charge your card even then?

    • The card details have been taken so a charge could be applied anywhen. However, as you can't arbitrarily charge a card, they put this clause into the terms to "justify" a possible charge in the future. The trouble is it's bollocks and illegal.

  • The TripAdvisor URL (Score:5, Informative)

    by Wootery ( 1087023 ) on Wednesday November 19, 2014 @05:14AM (#48416151)

    Maybe I just missed it in the comments, but: here [tripadvisor.co.uk] is the TripAdvisor page for the hotel.

    • Thanks! Already commented or would mod you up.

      Somehow, the place is ranked 858th of 894. Considering that their reviews (going back months) are mostly terrible - it's not just the recent wave of them, and the photos are damning - plus the recent wave of awful reviews in the wake of this news breaking, I have to wonder how there are 36 hotels that are ranked even *worse*...

    • by jeremyp ( 130771 )

      147 terrible reviews, I think the £100 charge must be part of their business model.

    • by rfrenzob ( 163001 ) on Wednesday November 19, 2014 @09:09AM (#48416941)

      I am a developer who dabbles in entomology as such I was simply thrilled to walk in and see a roach scurrying across the lobby floor. This set my hopes high for the room and I would not be disappointed! Some people read, watch the telly, play games, etc before bed. I enjoy getting out my equipment and studying insects. What can I say, we all have our hobbies.

      While visiting the States for a conference in Chicago last year, I had the pleasure of eating at Ed Debevics. If you have never eaten there, the servers are a bit on the rude side for comedic effect. Based on my conversation with the desk when attempting to get a new light bulb for my room I'm assuming the attendant worked at Ed's while studying abroad in Chicago. "There is a shoppe down the way. Go get one yourself."

      As far as the breakfast, it was simply delicious. The powdered eggs were served at a perfect 22C (72F). Not so hot as to burn the tongue but not so cold as to be crispy with a layer of frost. The pastries had a new green flavor enhancer on them. I have forgotten the name but it was excellent. Highly recommend.

      Don't believe the negative reviews! I definitely feel I got more than my £36 worth out of my stay at this fine hotel!

  • by dr_blurb ( 676176 ) on Wednesday November 19, 2014 @07:35AM (#48416509)

    They must do it on purpose: set up a crap hotel, put the 100 pound fine in the small print: profit!

    At http://www.tripadvisor.co.uk/H... [tripadvisor.co.uk] the place has 147 "terrible" ratings and 24 "poor" == 17100 pounds (about $26800) (!)

    If they're smart they'll diversify: Bad review on tripadvisor: 100 pounds. Badmouthing tweet to 1000 followers or more: 500 pounds. Negative letter to paper: 500 pounds and 20 lashes. Bad review in paper: you forfeit all your bank accounts.

    All hotels should do this. The Great Hotel Vengeance of 2015. In fact all reviews of any book, film, hotel, ebay seller, etc. should be included. Ah well anybody who says anything bad about anything ever. 100 pounds please.

  • In UK contract law Unfair Contract Terms Act 1977 [wikipedia.org] in conjunction with Unfair Terms in Consumer Contracts Regulations 1999 [wikipedia.org] Which apply to standard consumer contracts regardless of custom and explicit terms Imply this should not be enforceable:

    In the UK, these 1999 Regulations work to render ineffective terms that benefit seller or suppliers against the interests of consumers.

    This term effectively misleads consumers and is clearly against their interest. Implied law is no sure win, but in my amateur opinion it looks like there is a strong case to contest this. Not that it'd be worth it for £100...

  • Everyone is heading to trip-advisor and posting scathing reviews of this place right?

    This is the internet, this hotel should be buried by now.

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