Jet2 seeking balance for holiday which they can’t fulfil as hotel not opening this year

Wanny53

Booked an all inclusive holiday with Jet2 last year for a new hotel opening in 2020 with £60 deposit. In March the hotel group posted that they were putting back the opening until 2021. Heard nothing from Jet2 so emailed them as the balance of £700+ is due on 24 July. They have replied saying I have to pay balance under ‘terms and conditions’ even though they can not provide me with the holiday I booked. I explained this in my email and they have simply chosen to ignore my argument that they cannot fulfil their part of the contract. Am I correct in withhold payment of this large amount of money as I will only be left to argue about it being refunded.

bradders1983

No you are not correct.  Go and read the terms and conditions you agreed to when booking, specifically the bit where they are allowed to change the hotel to one of a similar standard. 

Of course if they eventually decide to cancel you will get everything back anyway.

Wanny53

So if THEY decide to cancel I will,get everything back! Rather a back to front system. A bit like ordering a ford car and being told you have to have another make. It may well say that in terms and conditions but I doubt it would hold water in a court. They have had four months to contact me and haven’t - I would rather forfeit the £60 deposit than throw another £700+ into the pot

bradders1983

You dont think they havent run their current terms and conditions through a highly paid legal team?

You are on to a loser here. By paying the deposit and booking the holiday you agreed to those terms.

Dr_Crypto

They normally say "or a hotel of equilvant standard". So if you are booked into a generic 4* property they can move you to another one. Same if you hotel closed beacuse of building work or something. 
I guess it might be a bit more complex if you're in some unique 5* leading hotel of the world. 

TELLIT01

Wanny53 said:

So if THEY decide to cancel I will,get everything back! Rather a back to front system. A bit like ordering a ford car and being told you have to have another make. It may well say that in terms and conditions but I doubt it would hold water in a court. They have had four months to contact me and haven’t - I would rather forfeit the £60 deposit than throw another £700+ into the pot

Not at all like the example you give.  If you purchase a car you don't enter into an agreement saying the can substitute a model of similar specification.  When you purchase a holiday, the substitute accommodation clause is pretty standard.

Wanny53

well well looks like my views on the matter were nearer the mark. Jet2 have accepted that they can’t fulfil the Holiday booking because the hotel is simply not open and has never been open! They have agreed not to seek balance owing and will £60 deposit.
Good sensible approach to the matter which will mean that I will be more likely to rebook for next year.

bradders1983

As easy as that eh? Hmm. 

Wanny53

Absolutely! common sense and decent customer service. The hotel was a new one from the  Palladium group booked specifically for that reason, no other similar hotels would match.

IvanOpinion

Glad you got sorted.  Jet2 appear to have been very good when it has come to refunds.  In our case we were refunded, on both occasions, in less than 2 weeks.