Do I have to accept alternative accommodation?

amy1stockdale

I’m wondering if someone can help. We are due to fly on 25 July but our hotel have now advised they won’t be opening until 27 July due to refurbishing. On the beach have emailed saying they will contact us up to 7 days before flying to discuss/rearrange alternative accommodation. What are our rights? We don’t want to accept different accommodation. Can we request a refund instead? It’s just very stressful having to wait 7 days before flying and being totally in the dark as to whether we will be going away or not. Any help much appreciated. 

Thank you 

sharpe106

What do the terms and conditions say if your hotel is not available?

Mrsn

A change of hotel providing it is of the same class or better than the accommodation booked is usually allowed with package holidays without it being classed as a significant change to warrant a refund.

You need to check your terms and conditions from your booking to see whether OTB also do this.

macman

Is it a package booking, ATOL certified?

jayn_wright

I am also in this position. Specifically booked an adults only hotel but have now been informed by said hotel that they  'may have to transfer me' to a different one.
The only other two hotels locally in the same chain are not adults only.
Is this classed as a significant change?

amy1stockdale

Thank you for your replies. It is atol protected. I’ve found this on on the beach website, which says may terminate with full refund if any essential element gets changed, other than the price? It just seems a bit vague. We really don’t want to travel so are desperate to know our rights as it could get to a week before and we have to start buying everything to travel with. So frustrating. I haven’t flown in 10 years as I’m petrified of flying but really wanted to take my 7 year old on his first holiday abroad but don’t think it will be the experience we planned with COVID going on ☹️

[Deleted User]

Gosh it is hard to know isn't it?   I would say I think an essential element of the package would be...the hotel!    As they are not providing this hotel then they are not providing an essential element of the package.   Like most t's and c's It is somewhat ambiguous and some tour operators do reserve the right to swap hotels if necessary like for like.   See if you can find this anywhere in the terms and conditions that were available when you booked?   If not, be ready when they call to request a refund, they will most likely try to persuade you to accept everything else before that.  

Not ideal because you have to wait until the week before as you say but if, what they offer is really good and you do feel like going then, I know I could pack in a day and buy whatever I haven't got at airport or when I get there.   Then again I often only booked holidays the week before anyway!   Not making light of it but it is hard for everyone, including tour operators who have so many people to get through.

eskbanker

Onthebeach specifically state in clause 27 of their Ts & Cs for multi-contract packages that they regard accommodation change as insignificant if at least equivalent standard, thereby denying refund rights:

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 [...]

However, they don't have the right to override statutory rights with contractual terms, so can't unilaterally vary the provisions of the Package Travel Regulations, but these aren't prescriptive about the matter, other than requiring providers to specify "The location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination", with a circular definition about significant changes to these.

Perhaps unsurprisingly for a trade body, ABTA's view is that accommodation change isn't significant:

ABTA's advice
If the change is to accommodation within the same resort and of a similar standard as the accommodation originally booked, it won’t normally be regarded as a significant alteration.

The 'main features' requirement of the PTRs could come into play for the poster booking an adults-only hotel.

mrsJeckyl

I am also in the same situation with teletext, so following this with interest. I was the one who found out that my hotel is shut, they didn't tell me, so trying to get them even to confirm this at the moment. They said my only option was to choose another hotel, but Gran Canaria doesn't have many other suitable options. Really would much rather a refund.

amy1stockdale

Thanks for all the information. We did pay for the holiday fully with a credit card and have opened an investigation with them. Would we be able to get a refund through the credit card company, as the product we are receiving isn’t what we paid for? The credit card company seem to think we have a case but as the holiday is so close, how long can we wait for a response from the credit card company? 

amy1stockdale

On the beach haven’t acknowledged that the hotel is closed, we found out when the hotel announced it on Facebook. All we’ve received from on the beach is a generic email saying they’ll be in touch as some hotels are closed due to COVID. Very frustrating.