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

GrahamandKatie

sharpe106 said:

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. 

We booked with On The Beach. I'll check it out thanks.

Mrsn

GrahamandKatie said

We booked with On The Beach. I'll check it out thanks.

Part of me thinks OTB won’t class this as a significant enough change.... do let us know.

sharpe106

Having a quick look on the site they just say they will let you know if there is a significant change to the holiday, does not state what they class as significant. But I would be surprised if a shut spa is. 

eskbanker

Onthebeach do list examples of both insignificant and significant changes in their booking conditions:

Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers or minor changes to services available at the hotel. Please note that carriers such as airlines may be subject to change.

Examples of “significant changes” include the following, when made before departure:

• A change of accommodation area for the whole or a significant part of your time away.
• A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
• A change of outward departure time or overall length of your Travel Arrangements by more than 12 hours.
• A change of UK departure airport except between:
  • The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend
  • The South Coast airports: Southampton, Bournemouth and Exeter
  • The South Western airports: Cardiff and Bristol
  • The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield
  • The Northern airports: Liverpool, Manchester and Leeds Bradford
  • The North Eastern airports: Newcastle and Teesside
  • The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen.
• A significant change to your itinerary, missing out one or more destination entirely.

I'm not sure that either the customer or the supplier has the unilateral right to deem a change as significant or not....

[Deleted User]

I think you are correct eskbanker, neither has the unilateral right to deem a change significant or not as what one person would deem significant another wouldn't.     However, big however, if the supplier refuses to budge and the customer believes they are wrong the only thing they could do then is to take them to court to get a ruling.   If this particular issue hasn't been tried in court before (and I have no idea if it has or hasn't, would need some deep digging) then the OP would have to challenge them themselves.

eskbanker

Tedber said:

I think you are correct eskbanker, neither has the unilateral right to deem a change significant or not as what one person would deem significant another wouldn't.     However, big however, if the supplier refuses to budge and the customer believes they are wrong the only thing they could do then is to take them to court to get a ruling.   If this particular issue hasn't been tried in court before (and I have no idea if it has or hasn't, would need some deep digging) then the OP would have to challenge them themselves.

I wouldn't see court action as being the only option - it would be the ultimate one but there could be any number of other avenues open to an unhappy customer with enough patience and motivation to pursue the matter!  Onthebeach are a member of ABTA, who have a code of conduct and a complaint/appeal process:

In the unfortunate event you feel our Customer Feedback Team has not resolved your complaint, we are also a Member of ABTA (membership number K0813). ABTA and ABTA members help holidaymakers get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, visit http://www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.

and for those paying by card there may be chargeback or section 75 via which to try to hold the card company equally liable as a truculent supplier, with escalation to the Financial Ombudsman Service as a further route.  Travel insurance might also apply if asserting that a change was significant enough to be considered cancellation, but that's getting into long shot territory....

Alan_Bowen

Your difficulty is that every hotel has closed its spa facilities as a result of Covid 19. As this is a legal requirement I am far from certain that it would be considered a major or significant change and OTB usually sell their packages as two separate contracts, each with the supplier, not OTB itself in respect of the standard of accommodation. Unless the hotel is prepared to give way, I think you are on seriously stony ground here