Can I request a refund on my package holiday if the spa is closed, but was at the time of booking

GrahamandKatie

Hello!
We are due to travel to Tenerife on 20th July 2020 to stay in a Golf & Spa Hotel Resort. At the time of booking the agent had a note to say that the spa would be closed until April 2020 for a refurb. The Hotel's website is now saying that it will be closed until the 31st December 2020.   Part of the reason we picked the hotel was for the spa facilities.  Do you think that a refund would be due? Can you advise the best way to go about this please? Many thanks.

eskbanker

If this is deemed a significant change, you should be given the choice of an alternative (e.g. nearby facilities), a price reduction or cancellation with full refund.  Which of those three options would be your ideal outcome, if it was deemed significant?

GrahamandKatie

Hi, Thanks so much for your response.  We would rather a full refund, especially given the covid-19 situation. Any advice on appropriate wording? Thanks 

[Deleted User]

Is the website saying only the spa is closed or the whole hotel?   If only the spa it will be because of safety procedures and whichever we look at it holidays and socialising are going to be altered for some time to come.   We just have to accept it.   

Not sure the spa bit would constitute a significant enough change to enable you to cancel and get a refund t.b.h.   I know you say it is the reason you booked but would you be spending all day every day at it?  

BUT, it may all be hypothetical and it may be cancelled anyway.   If all going ahead you can tell your agent you aren't happy as you specifically booked the Spa portion and see what they say?   No hard and fast rules on this one I don't think.   You can argue the toss but wait and see if all going ahead first.

GrahamandKatie

Thanks for you comment Tedber.
It's just the spa that is closed. I know we wouldn't be in it all day everyday, but it is a real shame. We would be happy to transfer to next year, however the flight change charges are very high so for the 3 of us travelling we would be looking at an extra £1000 roughly, just in flight changes for the same dates next year!
 

eskbanker

I was afraid you'd say that!

I really don't know if there is an argument that unavailability of spa facilities is genuinely significant enough but suspect that you'd have to fight quite hard to argue that, so, until anyone with more experience in this area comes up with any better suggestions, I'd suggest researching consumer rights in more detail, especially those arising from the package travel regulations 2018, as it'll depend heavily on interpretation.

Has the agent notified you of this or have you just found out by checking the hotel site?  Are the flights likely to be operating (an easier route to a full refund if not!)?

pattycake

We travel to a certain hotel each year in the month of June.  Every time one of the facilities is closed for refurbishment.  One year, the lanes swimming pool, another the spa.  We were always advised beforehand but there was never any question of switching hotel, getting a reduction in cost much less being able to cancel the whole holiday.

I fear you are clutching at straws to get out of the trip.  If you don’t wish to travel probably your best option would be to postpone to a later date.

GrahamandKatie

Eskbanker, I've discovered it myself.  I really do appreciate you and everyone else getting back to me. It's the first time I've used the forum.  Cheers

bagand96

At the time you booked, the Spa was a facility that would be available for your holiday.  The Spa is now not available due to C-19.

You would be entitled to a refund, or change of holiday is there has been a significant change.  Whether the loss of spa facilities is deemed a significant change or not you would have to ask the tour operator.  

GrahamandKatie

pattycake said:

We travel to a certain hotel each year in the month of June.  Every time one of the facilities is closed for refurbishment.  One year, the lanes swimming pool, another the spa.  We were always advised beforehand but there was never any question of switching hotel, getting a reduction in cost much less being able to cancel the whole holiday.

I fear you are clutching at straws to get out of the trip.  If you don’t wish to travel probably your best option would be to postpone to a later date.

A transfer to a later date would be the best option all round really. That way we get our holiday and the hotels, flights and agent get paid. Could just do with Ryanair reducing their charges, it's basically like paying for the flights twice. 
I'm going to need to book another holiday just to get over the hassle of this one!
Thanks for your help x

sharpe106

Who did you book with? as the term and conditions will state what is a significant and what is an insignificant change, although as others have said I would be surprised if a spa was classed as a significant change.