Post reply

Re: Upgrade option refused to be honoured (by KC):

Stephen Connor has asked, quoited only in pertinent part:

Re: >> The option to upgrade letter that Westgates gave me states that the upgrade is to a 4 bedroom every year instead of 2 bedroom every year. I thought it was too good to be true....<<

It is, and accordingly is quite obviously an error. Few facilities even HAVE 4Br units, let alone enough to just give access to them away, completely unsolicited. It was clearly a mistake which any court anywhere would call "innocent and harmless error". ======================================

Re: >> They state that there has been a script error and therefore Westgates will not honour the upgrade because it says that the option is upon availability. I accept that mistakes can be made... <<

...and one was very obviously made here. Let it go. ======================================

Re: >> I'm just wondering if anyone has any advice or experience of mistakes like this. Do Westgates have any legal obligations to honour this paperwork and are they just trying to persuade me that they don't have to give me the 4 bedroom due to their mistake. <<

Neither Westgate nor anyone else has any obligation to honor such an obvious and inadvertent error --- one for which they have apparently never either asked nor received any form of compensation whatsoever. Straightforward and simple --- case closed. If there had been compensation of any kind either requested or received, it might (and even then ONLY MIGHT) be a different story. This is true whether or not they ever manage to convince you otherwise. I don't mean to be blunt here, but you have no case. It's up to you to decide whether you wish to invest the time and/or energy to pursue a clearly "lost cause", but my own advice (....since you've openly asked for some) is not to even bother. It's an uphill battle --- and one which you you will certainly lose. Not giving you "something for nothing", offered in obvious error in the first place, is simply NOT actionable (unless you just want to harass and ultimately lose anyhow). The error was obvious and inadvertent and apparently resulted in no form of harm, either financial or otherwise, to anyone.

Sorry.....I know this is not the answer that you want to hear, but I do believe that it is most assuredly correct. And no -- I have no affiliation of any kind with Westgate.