Hotel opening delayed

WASPILin

I booked a brand new 5* hotel in Turkey for 3 rd July, 1 week, 2 rooms 5 people.
I have already paid £4000 with a balance of around £1000 to pay soon.
The build has issues that have delayed the opening, some of the building has collapsed and the travel agent is offering me alternative hotels despite not having an official cancellation from their supplier yet.
I booked hotel, flights and transfer in the same booking, same invoice, same email confirmation yet they’re saying I can’t get a refund on the flights as it’s not a package !
This means I have to travel to the same area and probably can’t afford the difference for a “like for like” hotel.
I've read about linked travel arrangements but don’t really understand if that applies to me, my insurance company say I’m not covered due to the circumstances of why it’s cancelled.
any advice appreciated 

elsien

Which travel agent is it and do you have an ATOL certificate? 

WASPILin

I’m not sure if I should mention the agent, they’re definitely a reputable, not one of the largest, they have “luxury “ in their name, but after the first few emails it came through as another company, again I was aware of them. 

Yes, I have an ATOL certificate but can’t find a contact number

RavingMad

@emmaP86 this thread will be of interest to you.  

I'm guessing it's been booked through somewhere like love holidays or the like rather than TUI. They're treated like separate bookings I believe but it's harsh of them to force you to a different hotel 

elsien

WASPILin said:

I’m not sure if I should mention the agent, they’re definitely reputable, not one of the largest, try have “luxury “ in their name, but after the first few emails it came through as another company, again I was aware of them. 

Yes, I have an ATOL certificate but can’t find a contact number

And what does the certificate say about linked booking? 

WASPILin

Not Love Holidays or On the Beach, Inspired Luxury Escapes were the company I booked with, seem to be part of Broadway Travel

WASPILin

I have read about Linked Travel Arrangements rules and feel this could apply. Also, we assumed we were booking a package as you would. I have checked with Corendon Airlines, the flight was booked by Broadway Travel

WASPILin

Thanks for suggesting I look at the ATOL certificate I’ve copied what it says below, it does actually say package holiday, is that specific to my booking or can they still say it’s separate contracts which is what they have already said.

Package holiday to Gundogdu (Turkey), Gundogdu (Turkey) for 7 nights

QrizB

RavingMad said:

@emmaP86 this thread will be of interest to you.  

I thought it all sounded familiar!

Grumpy_chap

There was a similar thread recently
https://forums.moneysavingexpert.com/discussion/6608881/can-i-get-my-deposit-back/p1

The general gist therein was that the traveller needed to wait for the tour company to initiate the cancellation / fail to provide the service rather than the traveller cancelling on the basis of anticipatory breach.

eskbanker

WASPILin said:

The build has issues that have delayed the opening, some of the building has collapsed and the travel agent is offering me alternative hotels despite not having an official cancellation from their supplier yet.
I booked hotel, flights and transfer in the same booking, same invoice, same email confirmation yet they’re saying I can’t get a refund on the flights as it’s not a package !
This means I have to travel to the same area and probably can’t afford the difference for a “like for like” hotel.

If it's a package, as stated on the ATOL certificate, then, in the event of a significant change occurring, the package organiser's obligations are spelt out here:

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

Essentially they have to offer you the choice between alternative accommodation or a full refund - if you can find like-for-like accommodation within the same resort, in terms of features, etc, then you could push for that to be made available to you at no extra cost, even though new bookings may be more expensive by now.