All inclusive restaurants unknowingly closed - my rights?

FartherChristmas

Where do I stand with this one?

Any consumer rights or legalities I can preach to EasyJet Holidays?

Booked 10 nights in Mallorca, all inclusive at Dreams Calvia, from 13th to 23rd October.

They have 8 restaurants on site;
2 generic buffets, 6 themed restaurants (Italian, tapas, burgers, seafood/Japanese, salads) and a cafe.

As of the 19th October there is just 1 generic buffet and the seafood/Japanese restaurant open, with the others closed. Of which I've technically paid for in my all inclusive upgrade.

This was not specified when booking, and would have 100% informed my decision not to book this hotel; neither on the Easyjet website nor the hotel's website (Hyatt).

I've contacted easyjet, and their generic get out of jail card is the following clause stated on their website, (which doesnt really aid consumers in making an informed decision, as no specific dates are mentioned):

“All hotel and room facilities are subject to safety and wellbeing measures, board basis, seasonal availability, opening times, age, dress code, and may attract additional charges.”

Appreciate your thoughts and advice.

If there is nothing I can do, no problem. But happy to fight the good fight where I can!

P.s. Not letting it ruin our holiday!

Thanks, FC

Alderbank

FartherChristmas said:

They have 8 restaurants on site;
2 generic buffets, 6 themed restaurants (Italian, tapas, burgers, seafood/Japanese, salads) and a cafe.

As of the 19th October there is just 1 generic buffet and the seafood/Japanese restaurant open, with the others closed. Of which I've technically paid for in my all inclusive upgrade.

Consumer rights are exclusively to do with monetary value.

Exactly how much have you paid for 8 restaurants instead of 2 and how have you evaluated that?

I assume that you can all eat as much as you want at the 2 restaurants, there are no excessive queues, etc?

Any potential claim might be for loss of enjoyment, which can be difficult to quantify.

Is the place busy enough to justify all 8 restaurants being open?

DullGreyGuy

What do you mean you "technically paid"?

What reason has the hotel given for the closure of the other facilities?

Presumably you found out when you turned up on the door?

Other than a reduction in choice what detriment have you suffered?

FartherChristmas

Thanks for your comments both.

Difficult to gauge a monetary loss. Lets try this, the all inclusive package vs full board is an additional £400 when comparing with the same dates next year. The AI holiday next year is £2,800, so it's 16% additional cost for AI package. I paid £2000, so around £300 extra cost on this holiday in comparison. 

What benefits do AI get which full board dont get? Unlimited drinks and unlimited access to a la carte restaurants (ordering from menu with freshly made food, and table service; not buffet). Now those restaurants are closed, my only benefit vs full board is the drinks. As the buffet restaurant is open to everyone at set times.

To benefit from the equivalent food/service my next option is to eat offside at restaurants, which is ~€60 per evening meal.

It's supposedly now "off/low season", which is their reason. However its my belief that the season ends on 31st October, which interestingly is when the hotel closes, go figure. 

I would say it is still moderately busy, not rammed, but not dead. It did take 10 minutes to have our drinks order taken in the restaurant, and the deserts section had choice of 1 desert which remained, hot food was reasonably stocked.

It's the advertisement of services vs what I recieved, and my inability to make an informed decision when booking. For example if I'd have known they were closing restaurants as the dates were publicly available to me, I would have booked my holiday a week earlier to maximise access to the services.

It's like hiring a car, paying extra for a satnav, and half way through the rental they take the sat nav back and give you a map - do you think?

born_again

I Would guess they have closed them as now out of main season, Which is covered by "seasonal availability"

As ever the devil is in the detail. Given the time of the holiday, should have been a question asked if you really wanted to eat in all the facilities.

Alderbank

If you are unhappy with what you are getting, you must raise your concerns immediately with the local management in order to give them a chance to sort the issue. Waiting till you get home then complaining to EasyJet Holidays will weaken your case.

If the hotel is part of a group they might enable you to access the restaurants in the rest of the group.

In your assessment of monetary loss you seem to be comparing AI with full board which is cheaper. For the avoidance of doubt, are you receiving AI, albeit with fewer outlets than advertised, or have you been downgraded to full board (fixed mealtimes, pay for your drinks, etc.)?

FartherChristmas

Alderbank said:

If you are unhappy with what you are getting, you must raise your concerns immediately with the local management in order to give them a chance to sort the issue. Waiting till you get home then complaining to EasyJet Holidays will weaken your case.

If the hotel is part of a group they might enable you to access the restaurants in the rest of the group.

In your assessment of monetary loss you seem to be comparing AI with full board which is cheaper. For the avoidance of doubt, are you receiving AI, albeit with fewer outlets than advertised, or have you been downgraded to full board (fixed mealtimes, pay for your drinks, etc.)?

Raised the concerns with reception and and a manager - the response was that this information is on their website. I've scoured the website and no sign of it. Other than reopen the restaurants I can't see what else the hotel can do. My contract is with my holiday provider after all?

We have also contacted Hyatt to see what they can do.

We haven't been downgraded to full board, just using that as a Benchmark.

Appreciate your time

sheramber

The hotel may lose at the end of September but they will be running it down in preparation for closing and the reduction in guest numbers. 

I don’t think you can compare prices to next year when costs will be higher. What is the difference between full board and AI this year?

eskbanker

sheramber said:

I don’t think you can compare prices to next year when costs will be higher. What is the difference between full board and AI this year?

That was the whole point of OP's calculations, which were based on using the ratio between 2024's FB and AI figures to derive a multiplier that could legitimately be used to estimate this year's uplift as being about £300:

FartherChristmas said:

Lets try this, the all inclusive package vs full board is an additional £400 when comparing with the same dates next year. The AI holiday next year is £2,800, so it's 16% additional cost for AI package. I paid £2000, so around £300 extra cost on this holiday in comparison.

the_lunatic_is_in_my_head

I think you would be looking to argue that the omission of the material information that x restaurants being closed was classed as a prohibited commercial practice leaving you open to redress as defined in the The Consumer Protection from Unfair Trading Regulations 2008 and that their term about seasonal availability would be classed as unfair under the CRA list of terms that may be unfair:

11 A term which has the object or effect of enabling the trader to alter the terms of the contract unilaterally without a valid reason which is specified in the contract.

Backed by the CMA guidance that the term is too broad and forcing you to accept reduced benefits under the contract. 

Ultimately if it is that the restaurants are closed due to them being seasonal I think that information should have been known and included in either the advertising and contract. 

I think you'd have to start by complaining officially, I'm not sure if there are any official bodies covering package holiday complaints, perhaps others can advise.