Holiday rights where hotel not built?

[xmedia]

Firstly |I am not asking for myself but for people who have ended up in this situation

 

Booked holiday for a five star plus Thomas Cook Style property that was to be a new build. Given good prices as it is a new hotel.

 

Beginning of March based on comments on Tripadvisor and Turkish forum it was apparent that the building had been stopped as the builders had breached building regs and tourism ministry ordered hotel to be demolished, builder refused and paid a huge fine. Building is sat as an empty shell and builder being taken to court.

 

People started contacting the tour operators Travel Republic, First Choice and Thomas Cook who were still selling the holiday. Three weeks they denied any problem saying hotel was on schedule and due to open July 2012 as stated in brochure, this is despite the hotel's own website now stating Summer 2013!!

 

Now they have finally admitted a problem and are offering a four star hotel (though very badly reviewed as more like 3 star)as a replacement and just the one choice. If anyone asks for another hotel of same standard they are being told that they have to pay over £1000 extra as due to close proximity of depature (some people due to go beginning of July), that prices have risen drastically so they have to pay the difference

 

The hotel they are offering is same group as original hotel so they have obviously cooked up some deal with them and that is why that is being offered and nothing else. At the time of booking the hotel they are offering was £500 cheaper than the one originally booked even with the good deals on the original hotel, so is obviously inferior.

 

As far as I was aware in the event of a failure to supply the tour operator is obliged to offer a hotel of same standard, the hotel they are offering they are giving a £10 per person per night discount on, even though it is nowhere near the standard of the hotel that was booked.

 

Furthermore they are telling people that terms and conditions have changed and that if they don't accept they are not entitled to a refund.

 

Is it legally correct that they have to offer two choices of alternate accommodation of same standard and no extra cost to the customer, or a full refund.

 

Those taking a refund would lose their holiday altogether because it is not possible at this stage to get anything for the same price they paid and availability is reduced so close to the departure dates

 

I would have thought that it is tough on the tour operator and they have to stand the difference to provide a hotel of same standard, not say they have to pay over £1000 extra. It is them that have broken the contract not the customer?

Edited April 13, 2012 by xmedia

[assisted blonde]

My understanding is that they have to offer a full refund or holiday to the same value as the one purchased, not necessarily the same star rating.

[xmedia]

Withdrawal by consumer pursuant to regulation 12 and cancellation by

organiser

13.—(1) The terms set out in paragraphs (2) and (3) below are implied in

every contract and apply where the consumer withdraws from the contract

pursuant to the term in it implied by virtue of regulation 12(a), or where the

organiser, for any reason other than the fault of the consumer, cancels the

package before the agreed date of departure.

(2) The consumer is entitled—

(a) to take a substitute package of equivalent or superior quality if

the other party to the contract is able to offer him such a substitute;

or

(b) to take a substitute package of lower quality if the other party to

the contract is able to offer him one and to recover from the organiser

the difference in price between the price of the package purchased

and that of the substitute package; or

© to have repaid to him as soon as possible all the monies paid by

him under the contract.

 

3.15 Terms that conflict with these Regulations are very likely to be unfair (see

pages 23-26 of OFT311, and schedule 2(1)(f) and (g) of the UTCCRs). Note

that where a substitute package of superior quality is taken under option i., the

PTRs do not, in our view, allow the supplier to require an additional payment

from the consumer.

 

This is from the Office of Fair Trading Guidance on Package Holiday Contract. It does not say that the holiday offered has to be at the same price, but to the same quality/standard so therefore does not that mean the same rating regardless of price

Edited April 13, 2012 by xmedia

[assisted blonde]

It would be quite likely that any package offered in exchange by the company would be a package at the same price if the customer wanted a superior quality that would be up to them to pay more. If the customer said they couldnt pay anymore then I expect that the travel co will be able to find a holiday that is the same price as although you may have booked say 5* some are more expensive than others so the travel agent will find you one at the same or lower price, a 4* may actually have the same facilities as a 5* so you could be better going for a lower rating. If the agent cannot offer another holiday without it being more expensive they will give the money back, the holidaymakers could ask for compensation if they are unable to take up the alternative accomodation due to dates etc.

 

I do not think there is any obligation for the travel agent to offer a more expensive holiday at the same price and for them (the agent) to bear the cost.

[xmedia]

So the people who would end up having to pay an extra £1000+ to go to a hotel that had similiar facilities can claim compensation for extra expense due to loss of bargain, enjoyment, out of pocket expenses?

 

The hotel they are offering has no aqua slides, half the restaurants and is not 24 hour AI so considerable difference to the hotel originally booked and was £500 cheaper at the time of booking and they are only offering £5 per person refund per night. That's £140 refund per couple for a hotel that was £500 cheaper so they are making £360!!. Has very bad reviews about food poisoning, poor facilities, tired in need of refurb and more like a three star than a four star. This is the only hotel they can come up with as an alternative so obviously people are complaining. it is nowhere near the standard of the hotel booked. The other hotels that are of a slightly less standard but acceptable they are asking people to pay over a thousand pounds to have.

 

Looks like Thomas Cook are purposefully offering this as an alternative so people cancel and they can wash their hands of the problem. because they dallied nearly a month before admitting there was a problem at all even when it was obvious. They have significantly reduced options for alternatives by watiing till season starts to look for somewhere else so obviously prices have risen as they have no sales etc on now.

 

Travel Republic who also sold this holiday are offering their customers discounts off alternative choices of hotel on their site

Edited April 14, 2012 by xmedia

[assisted blonde]

I think that as long as the company has made an offer of alternative accomodation( which has been rejected) then the only option remaining is to obtain a full refund, I am surprised at this as if It is TC they have always been more than reasonable with us, and when a hotel we had booked a few years ago had some building work due we were offered and accepted somthing that turned out to be much better.

Try a speaking to TC again and see if they can come up with anything better, it may be that a different destination country will give a better hotel for a similar price, can they change their holiday dates at all to give a wider option ?

[xmedia]

This is at least a dozen people on tripadvisor forum so I don't know what position they are in as to regards changing travel dates. Mainly the people going in July as it is only a few weeks away. Hopefully people booked September and october may get a better deal. They are working through the bookings in date order at moment so all the issues raised affect the July travellers.

 

If some have to accept a refund then they cannot book anything for the same price in the same area, Thomas Coolk have kept them waiting weeks for an alternative to be offered, advising them not to cancel. By waiting they have reduced the time available to sort out alternate choices as good hotels are already booked. which explains why so many are being offered the inferior hotel. They obviously have suffered from the poor reviews given from last year so their bookings are down.

 

The whole thing has been a shambles. Some people were being told by their branch there was a problem and others in different part of the country being told all was ok. Operations Department at Thomas Cook now saying that if they don't accept the alternative that they will treat it as a cancellation by the customer and not entitled to a full refund, which is not true.

 

Think the main problem, is that the booking was for a very high standard hotel at a good deal price so it is impossible to offer anything at the same price to the same standard. if it was just a normal booking then they would have paid more in line with other hotels so a switch would have been much easier cost wise.

 

It was still not cheap as people paying £8442 for 6 adults 2 children for 2 weeks in July so to be asked for a further £1000 is a bit much.

[assisted blonde]

I think you have summed it up it was a good deal but it was a risk as the hotel had yet to be completed, sadly on this occasion the risk hasnt paid off.

 

If a refund is accepted there are a lot of last minute deals around and being in a position to pay cash they may get a good deal, alternatively, contact an independent travel agent and ask them to come up with something, we have found that if you quote a price from a main agent they can usually beat it by quite a bit and its the same flights, hotels etc.

 

Hope they get something sorted.

[xmedia]

Good news a couple of people have managed to get a straight swap for a much better hotel, one which previously they were told was not possible:

 

Hopefully armed with that the others can insist on the same hotel, or at least on another of the same standard. This was one they have been told they had to pay extra for before.

 

Think they quoted what I posted up before about hotel of same standard so maybe that worked or they have just had so many complaints they caved.

 

lets face it in their present position they don't need to lose any more customers