Do I have to accept alternative accommodation?

eskbanker

amy1stockdale said:

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? 

Not sure it's appropriate to have gone to your card company at this stage, but they have two separate options.  Chargeback is typically their preferred one (as they don't underwrite the cost) but requires that you pursue the matter with the merchant first, and you haven't yet had their stance on the subject.  The other option is section 75, but that requires you to prove breach of contract (or misrepresentation), and if Onthebeach's contract terms explicitly assert an accommodation change to be insignificant (and thereby not triggering refund rights) then they wouldn't be in breach.