On The Beach

JanR8

Booked a flight/hotel with On The Beach last week. Nobody else had the hotel we wanted on the dates we wanted except OTB. We booked, they said thanks for the enquiry, we’ll confirm within 48hrs. Confirmed the booking the same day. The very next day they said the hotel we booked was now not available so they’d moved our booking to a different hotel claiming their T&Cs allow it. The hotel they’ve moved us to is also 5* but it’s nowhere near as nice (it’s a golf resort and we don’t play golf). 

This is an obvious bait and switch tactic to fill a hotel no one else wants. 

Is it legal?
We paid with a credit card. (£3k)

The holiday is in a week’s time. 

We’ve requested a different hotel that we would be happy with but they’re dragging their feet. 

They’re still adverting the same dates on their website for the original hotel even though they’re aware it has no availability. 

Options?

mr_stripey

can you get  a refund if you don't want their alternative hotel?

JanR8

A refund is what I’ve now asked for. The price they charged for the flights is higher than EasyJet’s site but at this point I’ll be happy to get something back. The problem is the timescale and it takes them a day between messages. I don’t want to book another hotel until they agree to refund. 

Totally shocking company but you live and learn. 

How can it be legal to advertise hotels that they know don’t have availability and take your money to switch you to a hotel they’re having trouble selling? Can they hide behind the old we’re-just-the-agent gag to duck The Consumer Protection from Unfair Trading Regulations 2008?

Aylesbury_Duck

JanR8 said:

A refund is what I’ve now asked for. The price they charged for the flights is higher than EasyJet’s site but at this point I’ll be happy to get something back. The problem is the timescale and it takes them a day between messages. I don’t want to book another hotel until they agree to refund. 

Totally shocking company but you live and learn. 

How can it be legal to advertise hotels that they know don’t have availability and take your money to switch you to a hotel they’re having trouble selling? Can they hide behind the old we’re-just-the-agent gag to duck The Consumer Protection from Unfair Trading Regulations 2008?

You don't know for certain that they're knowingly advertising unavailable hotels.  As for the switching, if those are the terms of the deal in question, it's perfectly legal.  Are they?

Alderbank

The T&Cs say OTB or the hotel can make certain limited changes to the holiday (they call them 'insignificant changes').

Specifically, term 29 says,'We or your Supplier/Principal may change your accommodation, where the alternative offered is of the same or better standard, has the same main features, and is in the same location (i.e. it’s the same tourist destination).'

Is the Golf hotel in the same location? I'm sure they will say that as both hotels are 5* they are the same standard.

If it was the other way round ie. you had booked the Golf hotel and were switched to a different hotel without golf facilities you could argue that it was unacceptable because it did not have the same main features.
Are there any main features which persuaded you to book the hotel of your choice which are not present in the Golf hotel? You say 'it's not as nice' but that's not very specific.

I think you are a little harsh to say that 'We may change your accommodation to an alternative of the same or better standard, has the same main features, and is in the same location' is totally shocking.

the_lunatic_is_in_my_head

I think @eskbanker posted helpful info on this kind of topic before as there is specific legislation for this kind of thing.

Regarding bait and switch that would be a misleading action giving you the right to unwind the contract but I'm not sure how you'd prove such (on the balance of probabilities).

JanR8

They do know that the hotel they’re advertising has no availability because I’ve been telling them every day since last week. Their reply is their agent is aware, has made a mistake and they will amend, they haven’t (it’s still there now)
They take your order and ask you to wait for confirmation, which is fair enough. If they don’t have the room they can tell you then. Except they confirmed and took payment the same day and moved us to a different hotel the next day. The new hotel has much worse reviews and none of the ala carte restaurants are included in the ‘all inclusive’. 

They’ve finally agreed to refund the hotel part. We’ve effectively paid more for the flights than if we booked direct but I’ll be glad to see the back of OTB. 

Their agent btw is Atik Tours to name and shame. Not that you know before or can choose when booking though On The Beach. 

eskbanker

the_lunatic_is_in_my_head said:

I think @eskbanker posted helpful info on this kind of topic before as there is specific legislation for this kind of thing.

Thanks - the Package Travel and Linked Travel Arrangements Regulations 2018 do allow accommodation to be substituted, if the main features are materially the same, etc, between old and new, plus they're in the same resort and so on, which will be the underlying rationale for the relevant clause in the OTB Ts & Cs quoted above, so, on the face of it, OTB do have the right to move OP from one hotel to the other if (and only if) "constrained by circumstances beyond the control of the organiser".

However, OP's beef is more about OTB's conduct in offering and then confirming accommodation if they have reason to believe that it isn't actually available, which is a different issue from having the right to make enforced changes further down the line.