Hotel closed, no communication from Onthebeach, final payment due what are my rights?

Centwistle

I am desperate for communication from Onthebeach but they are not responding.  Our hotel in Majorca has confirmed with us that they are not opening for our stay in August 13 for 10 days.  We have to make a final payment but as we are not going on the holiday we booked we are reluctant.  What are my rights to a full refund?  I have travel insurance with my bank and we booked both hotel and flights as a package with the travel agent so should be ATOL protected and paid a large sum on credit card.  I am reading that people are having no communication from Onthebeach, as are we, and I am really unsure of what to do.  I understand that if we do not complete payment our right to a refund is void.  I also cant get through to my travel insurer to discuss options...I am an NHS frontline worker and need to sort out if time off work is now even possible.  Could someone help? Thanks Chrissie 

Mrsn

OTB allows in their t’s and C’s changes to the accommodation that you have booked. It is possible that is what they are doing currently.

If you choose not to pay the balance then you will have been classed as cancelling and will lose any money you have already paid plus likely to be liable for the balance. You need to wait for them to cancel for any hope of a refund.

Centwistle

Thank you so much for your help.  I suspected this to be the case.  What if the hotel is not to our liking?  Our friends (we are going with but booked directly with the hotel) have been offered another sister hotel of the same rating but I looked at the reviews which were overwhelmingly negative and too big for what we were after.  I don't want to have paid to go there.  Do we have rights to say no to what is offered without losing our money?  

eskbanker

Centwistle said:

Thank you so much for your help.  I suspected this to be the case.  What if the hotel is not to our liking?  Our friends (we are going with but booked directly with the hotel) have been offered another sister hotel of the same rating but I looked at the reviews which were overwhelmingly negative and too big for what we were after.  I don't want to have paid to go there.  Do we have rights to say no to what is offered without losing our money?  

The OTB Ts & Cs categorise "change of accommodation to another of the same or higher standard" as an insignificant change, i.e. one that you effectively have to accept unless you are happy to cancel at your expense.  The Package Travel Regulations similarly require only that changes to "The location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination" are considered significant enough to warrant refund rights, so if a nearby sister hotel has the same rating and 'main features' then you essentially have to accept it, regardless of negative reviews, unless there's something objectively negating the asserted equivalence of the 'main features'.

Centwistle

Thank you for this information. Surely though you can’t be expected to accept a hotel in a different area and one you don’t like? This is utter madness. Especially if you are paying for things that won’t be open? What if OTB don’t offer us anything until last minute? We can’t be expected to just accept this as we have to plan to go away and at the moment we have no accommodation! It’s infuriating. 

eskbanker

Centwistle said:

Surely though you can’t be expected to accept a hotel in a different area and one you don’t like?

No, you're not forced to accept a hotel in a different area, as this is regarded as a significant change, triggering cancellation and refund rights:

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.
• [...]

Centwistle said:

What if OTB don’t offer us anything until last minute? We can’t be expected to just accept this as we have to plan to go away and at the moment we have no accommodation! It’s infuriating. 

Chances are they won't offer anything until much closer to the time, given the pressures they're under, which has resulted in such companies focusing on those who are travelling within days rather than weeks (not saying this is right btw).  However, if you have written confirmation from the hotel that they definitely won't be open then you could submit this to OTB, as this might spur them into action....

Centwistle

Thank you..  I have already informed them of the written confirmation that our hotel has confirmed it will not be opening but alas no communication

Thrugelmir

You are unlikely to be the only travellers impacted by the closure. Be impossible for any organisation to micro manage such a situation. Simply not enough hours in the working day nor the resource. Hence the lack of response. Instead they'll be concentrating on the alternative options and present to all.