Am I entitled a full refund from Thomson

Rescueme

I really need some advise please.

I booked a holiday package with Thomson last summer and it's fully paid for and tickets received. My family are due to leave in less than 3 weeks.

When I booked the holiday last year I upgraded my hotel room at an extra cost of £500 to a superior room with a balcony and sea view in a quieter part of the hotel.

With 3 weeks to go to departure I have received a letter advising my upgraded room isn't available and I have been moved to a standard room with no balcony.

I have been offered a free meal in the hotel restaurant and the use of a roof terrace with a fridge stocked with drinks to compensate...ludicrous
as we are booked into the hotel on an all inclusive basis. After complaining they have also offered a partial refund of my upgrade room costs.

CAN I INSIST ON A FULL REFUND AS I BELIEVE THIS TO BE A MATERIAL BREACH OF CONTRACT.

I've tried emailing the relevant department but been told it's at best a 6 day response time. The telephone line has a 30 minute wait time. When I eventually did get through by phone they told me that they would not refund me my £2800. At best they are suggesting I find an alternative holiday with them and they will rebook without charging me a handling fee, although I would have to pay any additional costs of the alternative hotel.

Just doesn't seem fair...I want to find another holiday with another company and book it with some confidence I can get my money back from Thomson's

jhe

you should be offered an alternative hotel of equal standard at no extra cost, your holiday you booked last year and any alternative hotel would probably have been a lot cheaper then than it is now, if they fail to offer you anything suitable you would be entitled to find your own accomodation and bill thomsons for it. contact trading standards they will advise you. i would also be asking for a full refund if an alternative cannot be found
did you book direct or with a travel agent?

Rescueme

Thanks, I booked on the internet direct with Thomsons.

Presumably the alternative if they can find one needs to be on an all inclusive package, the same basis as my original booking?

jhe

yes and of equal standard. dont let them fob you off. i had a problem before with thomsons, but booked in travel agents, they tried to put it over to me they were doing me a favour offering me alternative and totally unsuitable hotels for more money. eg we had booked adults only hotel. they tried to offer a childrens themed hotel for a lot extra money.
i rang trading standards and informed thomsons of their advice, then they listened to me.
as an after thought. because you are so close to travel, i would look up alternative hotels and availability,both with thomsons and other hotels in the area you are travelling to. find an alternative acceptable to you, then tell thomsons what you will accept.

mick_vandick

If not a full refund for the holiday then they need to give you a full refund for the upgrade supp you paid. To be honest, if you are travelling in 3 weeks you may now find it quite difficult to find an alternative as it will be school holidays and very busy.
There is no way they can justify refunding you half the upgrade fee and then not provide the upgrade!

budgetflyer

Im no expert in consumer law. But

If you booked a holiday based on you having specificall,y a superior room with a sea view , with a balcony and they can no longer give you that, then if their compromise doesn't suit, then surely they must offer you a FULL REFUND.

luci

What the Package Travel Regulations say about overbooking:-

OVERBOOKED HOLIDAY

Q. Help - my travel agent has contacted me to tell me that my chosen holiday has been overbooked and they have offered me an alternative. Do I have to accept it?
A. No you do not. The Package Tour & Travel Regulations give you rights under regulations 12 and 13 which are set out below:

Regulation 12 states that in every contract there are implied terms to the effect that:

(a) where the organiser is constrained before departure to alter significantly an essential term of the contract he will notify the consumer as quickly as possible in order to enable him to take appropriate decisions and in particular to withdraw from the contract without penalty, or to accept a rider to the contract specifying the alteration and their impact on price
(b) the consumer will inform the organiser or retailer of his decision as soon as possible.

Regulation 13 states that:

(i) the terms set out in paragraphs (a) and (b) below are implied in every contract and apply where the consumer withdraws from the contract pursuant to the term in it implied by virtue of regulation 12(a) or where the organiser, for any reason other than the fault of the consumer, cancels the package before the agreed date of departure.

(ii) The consumer is entitled to:

(a) take a substitute package of equivalent or superior quality if the other party to the contract is able to offer such a substitute; or
(b) to take a substitute package of a lower quality if the other party to the contract is able to offer him one and to recover from the organiser the difference in price between the price of the package purchased and that of the substitute package; or
(c) to have repaid to him as soon as possible all the monies paid by him under the contract.

(iii) The consumer is entitled, if appropriate, to be COMPENSATED by the organiser for the non-performance of the contract EXCEPT WHERE;

(a) the package is cancelled because the number of persons who agreed to take it less than the minimum number required and the consumer is informed of the cancellation, in writing, within the period indicated in the description of the package; or
(b) the package is cancelled by reason of unusual or unforeseeable circumstances beyond the control of the party by whom this exception is pleaded, the consequences of which could not have been avoided even if all due care had been exercised.

(iv) overbooking shall not be regarded as a circumstance falling within the provisions of sub-paragraph (b) of paragraph (iii) above.

REMEMBER - You do not have to accept any alternative holiday if you do not want the holiday and you can claim a full refund of your holiday costs and in addition any losses you have incurred. You may also be able to claim some compensation in certain circumstances in addition to a full refund.

Zoetoes

I can't believe they expect you to not have the upgraded room but still pay something for it! The audacity!

Alan_Bowen

You are certainly entitled to a full refund of the supplement but I very much doubt that they will offer a cancellation and refund. For this there has to be a material difference, if it is the same hotel and a room large enough for everyone, then they will argue it is not a material change but be careful, three weeks ahead is the busiest week of the season, what you might get now is what other people haven't booked, and there is often a reason for that! If you get the full supplement back, take the holiday and if its not satidfactory complain immediately whilst you are there, but again, demanding another hotel if you travel at the start of the school holldays may be very difficult even in resort.

littlereddevil

That must be such a disappointment at this late stage. Just keep complaining!