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  • tomtontom
    tomtontom Posts: 7,929 Forumite
    dleafy wrote: »
    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

    They mention the word major - in law this is the same as a material difference, something that results in a fundamental breach of contract. Your opinion counts for nothing, what is important here is your legal rights - and to assert them you need to demonstrate a material difference to what you booked. So far you have not done this.

    Can I suggest that, if you do choose to take this further, you drop the attitude? It detracts from any valid concerns you may have.
  • Alan_Bowen
    Alan_Bowen Posts: 4,934 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The problem I see you facing is that the holiday is exactly the same, the Tripadvisor reviews are excellent and haven't changed, so if the facilities are the same, the food is identical and the service remains as high as it is, I don't think Thomsons will agree to cancel free of charge. I suspect they have found a competitor selling at a lower price and have had to reduce prices to compete, its the same as buying a suite in DFS and finding the sale started the week after, actually that is bad analogy because the DFS sale never ends. Only if one of the services offered as A la carte has gone in the change to Platinum will you have any chance of getting some compensation
  • bagand96
    bagand96 Posts: 6,643 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    dleafy wrote: »
    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.
    dleafy wrote:
    Material????
    Why mention the word material....they don't?

    You haven't read the T&C's fully. Thomson actually refer to MAJOR changes:
    Major Changes To Your Holiday
    Occasionally, we have to make major changes to the flight or accommodation making up your holiday with us.

    Major changes to your holiday for which we will pay compensation unless the change is for reasons beyond our control (see 'Important Note - Events Beyond Our Control'), using the scale shown, may include the following changes: a significant change of destination; a change in accommodation to that of a lower category, a change in the time of your departure or return flight by more than 12 hours, a change of UK departure airport (excluding changes between London airports, London, Ebbsfleet and Ashford stations and between Dover/Folkestone ports). A delay to your flight that we need to make within 24 hours before you are due to depart will not be considered a major change unless the delay is for more than 24 hours. These changes are only examples and there may be other significant changes which constitute major changes.

    You don't have a major change according to that list from Thomson. You're still going to the same hotel, it'll still have the same facilities and the same classification. It's just that Thomson have decided to market the property under a different sub brand. It's still the same holiday though.

    Can you prove the price difference is related to the change from A La Carte to Platinum? How do you know the holiday hadn't been reduced anyway? Before it was reclassified Platinum? Holiday prices fluctuate all the time and there's no guarantee when you book early you'll get the cheapest price.

    And with all your talk of contractual agreements.... I think your contract will be for a package holiday to that hotel including certain benefits. Thomson are still providing you with all of that. I doubt your contract makes any mention of a holiday to a specifically "A La Carte" hotel
  • dleafy
    dleafy Posts: 127 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    "I doubt your contract makes any mention of a holiday to a specifically "A La Carte" hotel"

    Seriously????????

    You think I laid out five & a half grand to go to some random hotel?
    I chose this hotel because it was the best on offer.....A La Carte!

    I expect a bunch of lilly livered cheerleeders on tripadvisor, but not here.
  • sandsy
    sandsy Posts: 1,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What's changed?
    Not the hotel.
    Just way it's presented to customers.
    Not a major change of your holiday plans.
  • But they aren't sending you to "some random hotel", you are still going to the exact same hotel that you chose and booked!!!!
    Everyone else here is having the same problem as me, we can't understand why you are so upset.
    I assume you were happy with the rooms, food, pools, beach, reviews, etc etc when you booked. All those things are the same.
    The price has gone down but that's the way the cookie crumbles,you said other times the price drops have worked in your favour, this time it hasn't.
    I am off back to Mexico in 3 weeks, to a hotel that's part of their "style" collection. I couldn't care less if they removed it from that collection provided i was still getting all the same stuff. I wouldn't change my opinion of the hotel based on the way the travel agent decided to sell it.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 12 September 2014 at 10:04PM
    dleafy wrote: »
    "I doubt your contract makes any mention of a holiday to a specifically "A La Carte" hotel"

    Seriously????????

    You think I laid out five & a half grand to go to some random hotel?
    I chose this hotel because it was the best on offer.....A La Carte!

    I expect a bunch of lilly livered cheerleeders on tripadvisor, but not here.

    It's the exact same hotel it was before, nothing random about it, you chose it, nothing has changed. You're not going to get a free cancellation just because Thomsons have changed which brochure they put it in.

    'A La Carte' means nothing in the real world, it's a made up sales pitch by Thomsons that's designed to make you believe you're getting something more special than it really is, which you fell for.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • Voyager2002
    Voyager2002 Posts: 16,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You paid for an 'a la carte' hotel: what they are now offering you is not a hotel that meets the standard that they believe is required to be considered 'a la carte'. That is a reasonable case to request a refund. Put your request in writing, and see what happens.
  • mgdavid
    mgdavid Posts: 6,710 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You paid for an 'a la carte' hotel: what they are now offering you is not a hotel that meets the standard that they believe is required to be considered 'a la carte'. That is a reasonable case to request a refund. Put your request in writing, and see what happens.

    yes, good advice - and please do come back and let us know how you get on.
    The questions that get the best answers are the questions that give most detail....
  • dleafy
    dleafy Posts: 127 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    You paid for an 'a la carte' hotel: what they are now offering you is not a hotel that meets the standard that they believe is required to be considered 'a la carte'. That is a reasonable case to request a refund. Put your request in writing, and see what happens.

    Nailed it!
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