We’ve seen hundreds of online complaints from people who have been offered below-par alternatives after their meticulously selected hotels suddenly became unavailable.
Honeymoon disaster
Shane and Galina Bolster were upset when Loveholidays downgraded their honeymoon at the last minute. Two weeks before departure, the couple’s five-star hotel in Kusadasi, Turkey was replaced with a ‘dirty’ four-star alternative. The couple say they even found a previous occupant’s sock in their bed.
The newlyweds racked up a £130 phone bill in overseas calls to Loveholidays and eventually arranged alternative accommodation themselves at a cost of nearly £800.
It was only when Which? stepped in that Loveholidays apologised – refunding the couple the full cost of the hotel plus an extra £100 as a goodwill gesture. It told Which? Travel: ‘We are investigating the relocation error with our accommodation supplier to ensure it does not happen again.'
But at least this couple were aware of the hotel change before they stepped onto the plane. Sharon and Geoffrey Hewlett arrived at their Bodrum hotel only to be told there was no record of their booking and the hotel was full.
EasyJet Holidays found them an alternative hotel the following day, but it lacked the amenities of the original – including a spa, a choice of restaurants and evening entertainment. EasyJet Holidays eventually refunded the couple 30% of the cost of the holiday and assured us that last-minute changes are ‘a rare occurrence’.
Are holiday companies allowed to change your accommodation?
Tour operators are allowed to make changes to your package holiday after booking, including where you stay.
This can happen for a variety of reasons including contractual changes, hotel closures and overbooking.
Travel association Abta told us that some hotels purposely oversell rooms ‘on the basis that a percentage of customers will cancel’. While it assured us that overbooking is ‘fairly uncommon’, it can backfire and mean not enough rooms are available.
Can I cancel my package holiday if my hotel is changed?
The regulations clearly state that the package holiday organiser (Loveholidays in the Bolster’s case) is responsible for putting things right, regardless of who’s at fault.
First and foremost, it must find you an alternative of equal or higher value at no extra cost to you. If successful, this is classed as a ‘minor change’ to your booking – meaning you can’t usually cancel for a full refund .
If the replacement accommodation is of lesser quality (for example, a lower star rating) or in a different resort, this qualifies as a ‘significant change’ to your booking. In this case, you should be given the option to either accept the change (with a price adjustment if you're downgraded) or cancel the booking for a full refund.
How can I complain about my package holiday?
1. Check the paperwork
Read through the tour operator’s T&Cs to see if it’s honouring its promises. Some state that they will pay compensation if elements of your holiday are changed at short notice. Even if it’s not a package – if your hotel is not as promised – you may have rights under the Consumer Rights Act. If you booked directly with a foreign hotel, you may be subject to that country’s laws.
2. Talk to your travel agent immediately
Contact your provider the moment you encounter an issue, to give it the chance to put things right. If you’re still unhappy with the outcome, make sure to take video or photo evidence and keep hold of any receipts for out-of-pocket expenses. That way you can file a formal complaint when you get home.
3. Complain to a travel association
Abta and travel association Aito both run arbitration services. If your holiday company is a member of either, and it fails to compensate you fairly, you can escalate your complaint.
4. Consider the small claims court
source https://www.which.co.uk/news/article/package-holiday-changes-accommodation-aAQMa9h7WsYQ