Can I cancel?

dleafy

Hi all,
Looking for any advice and comments.
We booked a holiday for January with Thomson at one of their A La Carte hotels in Jamaica.
I received an email from Thomson yesterday informing me that our hotel had been removed from their A La Carte list and classed as Platinum. I checked online and found that this was effectively a downgrading of the hotel.
The email did state that we would still get a taxi transfer to the hotel, the higher luggage allowance and the chance to choose our seats on the plane earlier than others.
I also checked online and found that the hotel is now showing as a Platinum grade and the price is now £600 cheaper.
I phoned Thomson customer services and asked to be able to cancel at no cost to me.
I explained that I felt that under their terms and conditions of cancellation, I had a right to cancel as they had ‘changed’ my holiday. If they hadn’t, why the email?
I explained that they had downgraded my hotel. I had booked the ‘Most luxurious hotel available’ and that they themselves now only considered this hotel to be ‘affordable luxury’.

If my next door neighbour booked the same hotel for the same time, he would receive a Platinum experience at a much lower cost. I don’t believe that I would receive any difference to him whatsoever even though I had paid more and had been promised more!
I asked why they had re-classified the hotel and was met with silence.
They refused to accept that anything had changed and that if I cancelled I would lose my £500 deposit.
As far as I’m concerned, I have a right to cancel.
Any suggestions on what my next step should be?
Ring back and speak to a manager/
Contact ABTA?
Contact a solicitor?

Thanks in advance
Davy

nikki299

I don't think there will be anything you can do. If they are still giving you everything you paid for the reclassification means nothing. The "downgrading" is only part of Thomson marketing.
Why does it matter to you what category the hotel is in? If the hotel is still offering all the facilities and services that were on offer at the time of booking then there hasn't really been any changes made to your holiday.
I would also be a bit annoyed at the £600 price difference but after pricing holidays to Mexico last year over an 8 month period i saw prices fluctuate by that amount without the hotel being "downgraded". It's a shame but if after booking the price drops there's nothing you can do about it.

dleafy

I understand that prices do fluctuate, and have benefited from it in the past. It's a little annoying when they advertise 'book early for the best prices' then drop them. I also wouldn't consider £600 to be reasonable. I think that for whatever reason, they now don't rate this hotel as highly as they previously did (possibly due to customer feedback forms?). It's a shame. I feel like I've somehow been scammed.

nikki299

Try not to let this spoil your holiday, you are still going to the same hotel which you chose and were happy with.
I agree £600 is not reasonable but last year one of our shortlisted hotels went from £999 up to just over £1800 per person over the period i was watching prices, so i guess they do what they like. That was Thomson also btw.

dleafy

It won't spoil it.....if I still go. I just think it's a bit underhand.

phatbear

a couple of months ago i bought colgates latest whizz bang tooth paste which they said "was their best toothpaste ever" and because it was new i paid a premium for it.

due to circumstance ive only just got round to using the toothpaste and since then ive seen an advert for a newer whizzier bangier toothpaste which is their "best ever" and to add insult to injury the tooth paste i bought is now cheaper.

so can i get a refund have i been ripped off or been had up, ermmm nope the product i purchased hasn't changed and the price i paid is the price i was happy with so i should accept it and get on with my life.

Oh and before you think ive lost the plot please feel free to substitute the word toothpaste for holiday and hopefully you will get my point

dleafy

The Thomson terms & conditions on their website state that if they change my holiday, then I can cancel. In my opinion they've downgraded it, reduced the price and totally changed my expectation of what I will receive. In my opinion, they should have the decency to allow me to cancel. When you enter into a contractual agreement you should honour it. The ability for one party to change something without the others permission is something that I am surprised to find is looked upon favorably on these boards.
I wonder what Thomson would think if I requested changes to a contractual agreement?

tomtontom

In what way have they materially changed your holiday? Are the accommodation and facilities still the same? A change in the advertising category is not sufficient to constitute a material change or a breach of contract.

Which hotel is it?

dleafy

Material?????
Why mention the word material....they don't?
They are now selling 'my holiday' as a cheaper, lesser holiday. The fact that it is the same hotel with the same facilities is...IMO irrellevant. Thomson blatently don't think this hotel is as good now as when they sold it to me at a higher cost than they are charging today.
You think I shouldn't be upset?
The hotel is the RIU Jamaica Palace in Montego Bay

harrys_dad

You have clearly made your mind up so why ask for opinions? Maybe you just need advice on what to do so that you can cancel. Do they have a complaints procedure? Have you written to cancel, stating reasons and quoting terms and conditions?

dleafy

Yes, I had already made up my own mind, TBH I'm a little surprised at some of the answers/opinions. I thought it was a pretty clear cut case of a big company making changes without the slightest concern for its customers. Maybe I was wrong.
I promise you this, I will get satisfaction. I'll post back when I do.
Thanks to all for taking the time to post. It helps a lot.