On The Beach Holidays hotel issue (before travel)

I_have_a_query

Hello helpful people.

I have an issue with a hotel I have booked through On The Beach (as part of a fligths and hotel package). The hotel has closed the large main swimming pool (for a refurb, with no agrred opening date). The pool was the main reason for booking the specific hotel, lots of sunbeds, swim up pool, day beds etc. The hotel has a tiny second pool which it has said is available. This pool is a tiny rectangle for a hotel with 500 rooms.

On The Beach have said that because another pool is available I have no rights to change my hotel without paying the admin fees. They have closed my 'ticket' without a further response. It seems impossible to deal with them. Does anyone have any tips?

Thank you

Woodstok2000

When are you travelling? Was the pool advertised as being available during your stay, or were there disclaimers about availability out of season?

Might also be helpful if you can name the hotel.

eskbanker

The Package Travel Regulations differentiate between significant and insignificant changes, with the former triggering various rights including the right to cancel for a full refund. The definition is vague and circular though, in that a significant change is one which involves a significant alteration to, inter alia, "the location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination", so it'll come down to interpretation of whether a closed pool qualifies.

I_have_a_query

https://forums.moneysavingexpert.com/discussion/comment/82122452#Comment_82122452

The pool was open when we booked with no disclaimer that we are aware of! It is Hyatt at the Creek in Dubai.

I work in Estate management, so I fully understand the need to close facilities to maintain, them and I would be fine to move hotel or even receive some compensation to allow us to pay the day access at nearby hotels. I resent having to pay the admin fee and cancellation fee to do this.

I think the main issue is trying to deal with On The Beach. They have said that if it is closed when we arrive then I need to watsapp them photos and they will look into it...im only there for 3 nights so just wanted to sort this before we arrive.

Woodstok2000

I think you need to make a formal complaint to them, laying out your issues and how this aligns with their terms and conditions. You'll have a better chance of success if you can show:

1. The pool was advertised as an available facility when you booked (on OTB, and the hotel website ideally). Waybackmachine or similar can help you get older versions of websites, and also your booking confirmation.
2. There is no indication that pool availability is seasonal.
3. The pool is advertised as a 'main feature'. There's no clear definition of this, but you can point out the prominence of the pool in their listings, pictures etc.
4. Then point them to their own terms and conditions where they state that a significant change to a booking will result in you getting the choice of an alternate package or a refund.
5. The same terms state that a change to services available at a hotel will be regarded as insignificant unless this is a major change to one of the main features at the accomodation
   1. Clear closure is a major change
   2. As evidenced in (3) above - the main pool is clearly a main feature.

Demand your right of either an alternate package or a full refund. If they reject this, escalate to ABTA. If you paid by credit card you may also have recourse to Section 75 for breach of contract.

I_have_a_query

Great advice, thank you for your help

If only On The Beach had a customer service team you could access without using AI chat bots!

NoodleDoodleMan

From reading various reports on these forums - On The Beach and Customer Service are an oxymoron.

Best avoided.

I_have_a_query

https://forums.moneysavingexpert.com/discussion/comment/82125182#Comment_82125182

100% agree. We unfortunately booked through them previously and had issues with flight changes etc. Unfortunately my husband had forgotten this and booked a surprise trip through them!

lea2012

Unfortunately, a pool closure won't be classed as a major change to your booking.

If you'd booked a waterpark hotel, and the waterpark was then closed, that would be a major change, but one of two pool being closed wouldn't be as you still have a pool available. There's also likely to be a clause somewhere in the t&C's about essential maintenance and it being the hotels fault, not theirs.

You could either go round in circles for weeks before and after your holiday and still not get anywhere, accept it and try to make the most of it for 3 days, or pay the extra and book somewhere new.

This would have been the same outcome whether it was On the Beach, TUI, Virgin Holidays etc.