Easyjet Holidays

grannymay

Can anyone advise?


May daughter and S-I-L have booked a holiday through Easyjet holidays to Turkey for this September and they booked the whole package through the Easyjet website - Flights, transfers, hotel, etc. and paid in full.


Easyjet have telephoned today to inform them that the hotel is actually closing down this year and that they will email her details of hotels in a different area. The problem is that my daughter booked that specific hotel in that area for a reason and wants to choose another hotel in that area but Easyjet say they will have to choose one in a different area. My daughter has asked for a refund so she can rebook her holiday but Easyjet say that the flights and transfers are non-refundable if she cancels.


Is this correct as the whole holiday package was booked through Easyjet?


Thanks

Rambosmum

Easyjet have a responsibility to either provide a different hotel of the same standard in a similar area or to provide a refund for the hotel.

Your daughter could ask for a refund on the hotel and then book a hotel of her choice through expedia or similar website but she would then have to ask Easyjet to change the transfers, which would probably incur a cost akin to booking new transfers through a different company.

Easyjet flights are usually non-refundable, whether booked separately or as a package.

grannymay

Ah really? They went on this same package to the same hotel last year and loved it as it's literally sat on the beach with fabulous views and had a massive wrap-around balcony.


My daughter searched for the hotel again to make sure she could book that one before she choose the flights & transfers. Now she's worried they will offer a hotel miles inland. They have said it will be in another area but I don't think it's right that they can dictate what area she spends her money buying her holiday in.

Rambosmum

If she chose that hotel specifically, rather than booking a package that happened to include that hotel then she should be able to negotiate with easy jet on the hotel they change her to - she won't be able to chose outright unless she pays the difference in price, which easy jet may not allow. But it depends on the T&Cs of the booking - it is a package then they have a responsibility to provide a similar hotel, but not necessarily that actual hotel, or even one of your daughters choosing. Why not wait and see what hotel easyjet offer then decide? They may offer and equally well placed one.

SW17

If you booked with easyJet holidays, the booking is covered by the Package Travel Regulations. The hotel aspect of easyJet Holidays is currently sold in the UK by LowCostBeds.

The terms around easyJet Holidays making a change are below, so you should have the right to a full refund, if you decide not to accept their alternative (assuming they agree that is a "major change" to the holiday).

7.2. If we make a major change to your travel booking before your departure, we will inform you as quickly as possible in order for you to take the appropriate decisions (which you shall inform us of as soon as possible). In such a case you will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid. If we do make a major change to your travel booking before the departure date and you decide to cancel your travel booking or where, for reasons other than your fault, a Force Majeure Event, as detailed in clause 18 (Circumstances beyond our control), or the minimum number of clients required for a particular travel arrangement not being reached, we cancel the travel booking before the departure date, compensation as detailed in clause 8 (Charges) below will be paid to you.

The full T&Cs for EJ Hols are here:

http://holidays.easyjet.com/booking-conditions.htm

Rambosmum

SW17 wrote: »

If you booked with easyJet holidays, the booking is covered by the Package Travel Regulations. The hotel aspect of easyJet Holidays is currently sold in the UK by LowCostBeds.

The terms around easyJet Holidays making a change are below, so you should have the right to a full refund, if you decide not to accept their alternative (assuming they agree that is a "major change" to the holiday).



The full T&Cs for EJ Hols are here:

http://holidays.easyjet.com/booking-conditions.htm

I suspect a hotel of same standard, in the same town but different location (e.g. slightly further in land) would not be considered a major change and therefore the hotel would be the only refundable part. But you'd need to wait until they offer the alternative to see whether this is the case.

grannymay

Thanks for your replies. I think at the moment my daughter is just gutted that she can't have the hotel she wanted but I'm sure if Easyjet offer a decent alternative it wouldn't be too bad and she's got a fair amount of time to get used to the idea.

bagand96

I agree with SW17, the easyJet Holidays terms state you can claim a refund if there is a major change.

This is also backed up by the Package Travel Regulations 1992 (which easyJet Holidays state they adhere to).

Significant alterations to essential terms

12. In every contract there are implied terms to the effect that—

(a)where the organiser is constrained before the departure to alter significantly an essential term of the contract, such as the price (so far as regulation 11 permits him to do so), 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 alterations made and their impact on the price; and
(b)the consumer will inform the organiser or the retailer of his decision as soon as possible.

and:

Withdrawal by consumer pursuant to regulation 12 and cancellation by organiser

13.—(1) The terms set out in paragraphs (2) and (3) 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.

(2) The consumer is entitled—

(a)to take a substitute package of equivalent or superior quality if the other party to the contract is able to offer him such a substitute; or
(b)to take a substitute package of 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.
(3) The consumer is entitled, if appropriate, to be compensated by the organiser for non-performance of the contract except where—

(a)the package is cancelled because the number of persons who agree to take it is 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 and 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.
(4) Overbooking shall not be regarded as a circumstance falling within the provisions of sub-paragraph (b) of paragraph (3) above.

Now, the point is, does the hotel change count as a major change (easyJet terms) and/or a Significant alteration (Package Travel Regs).

It of course depends on what alterative they offer but in any event I would argue that it certainly does. You should definitely argue that to them before just accepting what they offer.

richardw

Have a look on their website for another hotel that fits with the flights.

If there isn't one pursue a refund as mentioned above.