Bloody Travel Agents - Can They do this?
Discussion
Back in March I booked a family holiday for Autumn half term. We have had a tough year so I wanted to spoil us all.
Using an ABTA bonded well known Travel Agent I booked through their website a 5* all inclusive new hotel with a private beach, flights were booked at the same time as I searched and selected Hotels and Flights as one option. I booked 2 suites, flights and car hire and it is all paid for as the final payment date was in August.
I had a phone call today to tell me tha the hotel is now unavailable as they have decided to close early for the winter...WTF?
The agent then went on to say that they have booked me two rooms at another hotel. I checked that hotek online and find its a tired looking 1970's monstrosity, is only 4 stars and is across the road from a public beach.
I told the agent that this is no where near equivalent to the hotel I booked, and they have said that it is the best available and they have no all inclusive 5* rooms for my dates.
They then told me that if I didnt accept the hotel that they would refund my accommodation charges but not flights or car hire! This would leave me with either flights and no accommodation or out of pocket by almost £2k. Flights are totally useless without accommodation.
I have looked for accommodation myself, but the dates are so close that the price of anything equivalent is massive and out of budget - circa £4000 for 2 rooms (not suites) for a week.
The agent is ABTA bonded, and I have tried to call ABTA to find out my rights but their phone enquiries line costs 50p a minute and is barred by work anyway.
Clearly I have told the agent that they need to sort this out to my satisfaction and have given them a list of acceptable subsitute hotels.
My dates are fixed because of school holidays, the destination is sort of fixed as it also relates to my daughters school project.
Does any one know what my rights are? Do I have to accept a carrpy hotel or lose the costs of my flights and car hire?
I did book by credit card. I don't really want to cancel as the family need a holiday as we havent had a propoer one this year due to exams and my work.
Using an ABTA bonded well known Travel Agent I booked through their website a 5* all inclusive new hotel with a private beach, flights were booked at the same time as I searched and selected Hotels and Flights as one option. I booked 2 suites, flights and car hire and it is all paid for as the final payment date was in August.
I had a phone call today to tell me tha the hotel is now unavailable as they have decided to close early for the winter...WTF?
The agent then went on to say that they have booked me two rooms at another hotel. I checked that hotek online and find its a tired looking 1970's monstrosity, is only 4 stars and is across the road from a public beach.
I told the agent that this is no where near equivalent to the hotel I booked, and they have said that it is the best available and they have no all inclusive 5* rooms for my dates.
They then told me that if I didnt accept the hotel that they would refund my accommodation charges but not flights or car hire! This would leave me with either flights and no accommodation or out of pocket by almost £2k. Flights are totally useless without accommodation.
I have looked for accommodation myself, but the dates are so close that the price of anything equivalent is massive and out of budget - circa £4000 for 2 rooms (not suites) for a week.
The agent is ABTA bonded, and I have tried to call ABTA to find out my rights but their phone enquiries line costs 50p a minute and is barred by work anyway.
Clearly I have told the agent that they need to sort this out to my satisfaction and have given them a list of acceptable subsitute hotels.
My dates are fixed because of school holidays, the destination is sort of fixed as it also relates to my daughters school project.
Does any one know what my rights are? Do I have to accept a carrpy hotel or lose the costs of my flights and car hire?
I did book by credit card. I don't really want to cancel as the family need a holiday as we havent had a propoer one this year due to exams and my work.
Talk to your credit card company as a starting point, see if that is a viable 'get out'.
As far as travel regs are concerned, you're entitled to an 'equivalent quality' alternative...so 4 star across the road isn't a substitute for 5* on the beach...can't remember the precise regulation on that though.
That said, if they haven't got an equivalent (if you can find it elsewhere then I'd argue they can and just aren't looking hard enough), then I don't know what they do/don't have to refund you - if you've booked it as a package I'd say "everything", but IANAL.
As far as travel regs are concerned, you're entitled to an 'equivalent quality' alternative...so 4 star across the road isn't a substitute for 5* on the beach...can't remember the precise regulation on that though.
That said, if they haven't got an equivalent (if you can find it elsewhere then I'd argue they can and just aren't looking hard enough), then I don't know what they do/don't have to refund you - if you've booked it as a package I'd say "everything", but IANAL.
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