Travel company changed hotel without notice

ommanipadmehum

Hi everyone - new member, so please let me know if I'm in the wrong place! I booked a holiday including flights, transfers and accommodation. When we got there they walked us to a different hotel 10 minutes away - I followed their complaints procedure and they admitted fault. I requested a full refund and they offered us a 15% refund on the cost of the hotel part of the booking. As we chose this holiday completely around the hotel we booked due to it being right on the beach (my wife suffers from arthritis) - this doesn't seem like fair recompense - especially as it seems like this company actually does this on purpose (from reading around afterwards and from comments made at the hotel). Not sure what the legal position is on this? If I don't want to accept this offer what would be the next steps? I just compared the difference in the price of accommodation between the two hotels and it's nothing to write home about - but the main issue was the distance from the beach because of my wife's medical condition. Oh yeah - as far as I knew this was a package holiday - but I did pay in two parts - a deposit and then the remainder. I don't believe that the separate payments for any particular part of the holiday - but I'd have to check back in case they cleverly did separate the payments.

Thanks in advance for your help!

bod1467

Separate payments don't matter, so you don't need to consider that side of things as being a problem. Unless it is otherwise clear, you booked a package holiday. (Are the travel company ABTA bonded?)

Were the travel company aware of your wife's condition at the time of booking (or prior to departure anyway)? Was this noted in writing anywhere?

rustyboy21

IMO, you have left it too late, to get much back now, at least more than you have been offered.


Similar happened to me and OH and his son years ago. Airtours moved us to another apartment block when we landed at Gran Canaria. No pool, no kids club. The germans had block booked our choice 24 hours before. Loads of us got moved.


Next morning island manager held a meeting telling us what had happened. We all had meetings with him. Most people asked to be moved to another resort, fly home. We pressured him to refund us in full and give 7 days car hire. He accepted it and came back following day with an envelope full of Euros !


You argue your point whilst you are there, you have a much better success rate than leaving it to the machine when you come home.


Good luck, but I don't hold out much hope, Travel Co's are a law unto themselves.

unholyangel

How much did you spend on taxis to get back and forth to the beach? Or did you change your plans and not go to the beach?

I dont think you're going to get a huge refund tbh and depending on circumstances, their offer of 15% may be seen as fair.

Theres 2 elements of breach of contract and loss of enjoyment. It will also depend on if they were aware of your wifes condition and extent or not (as mentioned by bod).

How did you book the holiday? In a store, online or over the phone? You say you followed their complaints procedure, does that include complaining about it at the time to your rep? You say they walked you to the hotel 10 mins away, did they not notice your wife's difficulties then?

ommanipadmehum

Hi and thanks for the quick replies.

@bod1467

The company did issue us with an ATOL certifcate that says "Flight-plus sale" and they display the ABTA logo on their site.

I didn't notify them about my wife's condition when booking.

@unholyangel They didn't actually tell us we were going to a different hotel - we thought we were just going to a different part of the hotel. After we had walked quite a way, gone up in a lift, out through some gardens then across some streets we realised something funny was going on. When we got to the other hotel and were shown to our room, I went down and complained to the staff on the desk and let them know that I wanted to raise a complaint - I then checked the paperwork I had with me and tried to call the complaints number on there which didn't work - so I sent an email to the suggested email address. They came back to me and referred me back to my travel agent quoting data protection - apparently they couldn't talk to me about it as the travel agent had booked the accommodation. It took us 24 hours to get that point.

We did spend a fair bit on taxis to and from beach, but didn't take any receipts.

@rustyboy21 that is good advice - I wish there was someone so responsive when I complained, but they just shrugged their shoulders and said that we need to take it up with the provider. I simply wouldn't have booked the holiday they gave us - so hope that we can get fair compensation on that basis.

unholyangel

Were there any other differences other than distance from the beach?

Does the money spent on taxis equate to more or less than 15% of the hotel cost?

In future, if you are out of pocket due to a breach of contract situation, always get receipts. It is your proof you have suffered a loss.

pinkshoes

Even if you have no receipts, you should push for the cost of all the money that you had to spend on taxis.

zaax

Disappointment can also be claimed. Was the the booked hotel near that sea and you expected to be woken up by the breaking of waves on the beach? Taxi to the beach twice a day would reasonable for the children to get a midday nap back at the hotel, or more if someone forgot their teddy.

Sounds like you can claim the whole lot back and more though there might be a bit of a fight.

ommanipadmehum

There were much better facilities in the hotel we booked and it looked a lot nicer. The entertainment there was better - but the main thing was the distance from beach.

rustyboy21

It doesn't always have to be a package holiday in order to complain about things in resort.


We booked an apartment in Plama city a few years back with bookings.com.


Whe we arrived, we got the key from reception and could smell a sewage smell there. It got progressively worse as we went up the lift to the 10th floor. The place was a tip. I told OH to leave bags in room, we went down in lift, across the road and went into a 4 star hotel. We booked a room, went and collected our bags and went back, dropping the key off.


I then rang Bookings.com, complained and got a refund straight away.


It does work better in resort, believe me.

ommanipadmehum

zaax, how on earth do you quantify the cost of disappointment? We certainly were disappointed. That's why when I got back I did ask them for a full refund - I'd be surprised if they would actually do this though.

I'm certainly not afraid to fight for what is right