Missing holiday features - where so I stand?

mrochester

Hi all.

im due to be on holiday in the Lake District in a few weeks. The cottage I have booked (in January 2020) was specifically booked because it includes access to a nearby leisure centre in a hotel complex included in the price. The cottage was booked through an established Lake District cottage letting agent. 

The current policy of the hotel is that no one can use the leisure facilities other than those who are staying at the hotel.  This will significantly impact the enjoyment of our holiday where we would otherwise have used these facilities every day. 

I have emailed the cottage letting agent who has said that unfortunately they cannot help as a) they must respect the rules of the hotel and b) it’s the owner of the cottage that pays for the inclusive membership,  not the holiday letting agent. 

Now as far as I am concerned it should not matter to me who pays for the membership or what the policy of the hotel is as I have an agreement and contract with the letting agent. It’s the letting agents website that states the leisure club access is included and it is the letting agent I paid for the holiday yet they seem to be washing their hands of it. 

Where do I stand legally on this?

many thanks. 

M. 

Caz3121

what are you wanting to achieve / what have you asked for?
are you wanting to be able to cancel and receive a refund due to this change?
are you looking for some sort of discount due to the facilities not available?

mrochester

Caz3121 said:

what are you wanting to achieve / what have you asked for?
are you wanting to be able to cancel and receive a refund due to this change?
are you looking for some sort of discount due to the facilities not available?

Ideally some sort of discount but looking at the cost of the membership it would only work out as £46 over the 2 weeks. The actual value of the membership in terms of holiday enjoyment is far greater than that though!  However that is clearly subjective. 

Sandtree

What does your terms say? Is the access baked into the contract or is there the typical clause saying that exact features may change or some other force majeure exception?

Alan_Bowen

It is likely your contract is with the owner of the cottage, the letting agent is just that, an agent. Alas, I suspect the hotel has been told that due to Covid they should restrict access, indeed even residents will have to book specific times to use the leisure centre, and there is nothing the owner can do about it. Some hotels have gone further and simply closed the facilities completely.
If the hotel has offered your owner a refund then he should pass that on to you as the cost is clearly included in the price you paid, but that I think is the limit of any possible liability

silvercar

Are you looking to cancel or for a discount. Always best to decide on the outcome you want before you start negotiating.
Sounds like you won't get the leisure centre access under current rules. So decide whether it is still worth you going. It may be that the owner receives a reduction in subscription at the moment, or it may not be. Whether this small amount is passed to you or not is for discussion. But the real point is whether you want to take the cottage or not.