Package holiday - company have changed accomodation

peterearl

My wife and I have booked a flight and hotel holiday, we've been advised that the accommodation has been changed - it's a significant change i.e. different resort and it's now an apartment where it was a hotel. I'm pretty confident that we don't have to accept that however, having discussed on the 'phone they are only offering to refund the accommodation and not the flights. What are my rights?

elsien

Is it showing as being booked as a package, as in, do you have an ATOL certificate showing that both elements are linked?

can you go online yourself and look for something more suitable?

eskbanker

You'd have been entitled to a full refund if they'd only offered the apartment in the other resort, but if they've now offered identically-rated hotel accommodation in the same resort then I don't believe you have that right anymore.

https://www.legislation.gov.uk/uksi/2018/634/regulation/11

Can you find a more appropriate hotel and put it forward to them?

HillStreetBlues

Have a check to see the hotel  prices match up.

peterearl

elsien said:

Is it showing as being booked as a package, as in, do you have an ATOL certificate showing that both elements are linked?

can you go online yourself and look for something more suitable?

I have the ATOL certificate and it says "Package holiday"

peterearl

Yes but they are a lot more expensive.

peterearl

HillStreetBlues said:

Have a check to see the hotel  prices match up.

The price of the hotel they are offering is cheaper but it's definitely not the type of hotel we want to stay in.

peterearl

elsien said:

Is it showing as being booked as a package, as in, do you have an ATOL certificate showing that both elements are linked?

can you go online yourself and look for something more suitable?

I could probably find something online but they are only offering to refund the accommodation and the amount which this leaves that I have to pay them for the flights seems excessively high.

the_lunatic_is_in_my_head

eskbanker said:

You'd have been entitled to a full refund if they'd only offered the apartment in the other resort, but if they've now offered identically-rated hotel accommodation in the same resort then I don't believe you have that right anymore.

https://www.legislation.gov.uk/uksi/2018/634/regulation/11

Can you find a more appropriate hotel and put it forward to them?

(5) The traveller may, within a reasonable period specified by the organiser—

(a)accept the proposed changes; or

(b)terminate the contract without paying a termination fee.

 Travel Republic seem to be a UK LTD so I don't see OP is obligated to accept  

eskbanker

the_lunatic_is_in_my_head said:

eskbanker said:

You'd have been entitled to a full refund if they'd only offered the apartment in the other resort, but if they've now offered identically-rated hotel accommodation in the same resort then I don't believe you have that right anymore.

https://www.legislation.gov.uk/uksi/2018/634/regulation/11

Can you find a more appropriate hotel and put it forward to them?

(5) The traveller may, within a reasonable period specified by the organiser—

(a)accept the proposed changes; or

(b)terminate the contract without paying a termination fee.

 Travel Republic seem to be a UK LTD so I don't see OP is obligated to accept  

But that paragraph (and the other surrounding provisions) are contingent on the change being deemed significant - a different type of accommodation in a different resort would be considered a significant change, thereby triggering cancellation/refund rights, but a hotel of the same rating in the same resort isn't categorised as significant.

the_lunatic_is_in_my_head

I was thinking along the lines of "main features" (paragraph 5 of Schedule 1), I would have thought a place that actively caters to stag dos would be a main feature over one that doesn't.