Holiday package with alternative hotel - What are my rights?

rp112

Hi

I wanted to seek some advice, i booked a holiday in January through Plan my Tour and I was given a call in July to tell me that the supplier used my the travel agent had gone bust, so I had to pick an alternative hotel. I looked through the alternative hotel options, but they didn't seem as good as my original booking.

Around 3 hours later, i was told they'll maintain my original hotel with a new local supplier.
I'm around 4 weeks until the holiday, so i decided to call them and double check and they reassured me everything is okay. Now 2 weeks until the holiday, I ring them multiple times and eventually get an email saying they can't honour the original hotel (extremely frustrating!)

I've been provided one alternative option (pending approval with supplier), however i feel i would be overpaying for this hotel.

They've used my card to book airline tickets directly with the airline. The agent tells me it's not a package holiday, even though i was definitely told it was package at the start. I enquired about refund and told me the refund is only applicable to the hotel part and not the flights.

Do i have rights to claim partial refund on section 75 or take this to ATOL? I feel my options are severely limited given the time frame now.

eskbanker

rp112 said:

The agent tells me it's not a package holiday, even though i was definitely told it was package at the start.

It sounds likely to be a package, regardless of how the agent chooses to portray it, if you bought multiple services together - the definition is within the Package Travel Regulations:

https://www.legislation.gov.uk/uksi/2018/634/regulation/2

Did you receive an ATOL certificate confirming this?

Assuming it is a package, then a significant change does grant refund rights (for the whole thing) if you don't wish to accept the alternative proposed:

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

However, a change from one hotel to another isn't necessarily a significant change as such, and this comes down to equivalence of main features, etc....

rp112

Hi

Thank you for reply

I've checked my emails, but I don't have an ATOL certificate. However, Plan my tour LTD does appear to have an ATOL number.

In my confirmation email, it does have these two points

5.     ATOL & TTA: Plan My Tour we are member of TTA, and acts as an agent only not a package tour operator which means that we are not selling you a package holiday but separate components that make up your holiday, which could be also purchase separately.

6.     Your flights inclusive booking is ATOL protected under the number show on your ATOL certificate and as we act as an agent you will be bound with each individual supplier terms and conditions as well as our own.

rp112

just to provide some context to the "change"

I booked a room which was connected to the pool (classed a swimming up room). However, the alternatives are just standard double rooms.

I would personally consider this "significant"

eskbanker

rp112 said:

They've used my card to book airline tickets directly with the airline.

rp112 said:

I don't have an ATOL certificate.

Hmm, something odd about the way they've set this up, so difficult to offer meaningful guidance without sight of all the paperwork!

If it really has been structured in such a way as to be outside the scope of the PTRs then that is likely to jeopardise the prospect of a full refund, either from the agent or your card provider.  ATOL only really comes into play where an airline fails, rather than resolving disputes like this, but I'm not familiar with what TTA may bring to the party....

koalakoala

Take the refund for the hotel and find your own, maybe even book the same one!