Tour Operator moving us to a different hotel

[CaurnieBred]

Have also posted this in Legal:

We have been contacted by our travel agent to say that the accommodation we have booked for our summer holiday next August has not renewed their contract with the Tour Operator (TO) next year.

To ensure we got one of the free child places for our holiday in August 2011, we booked the holiday on the day that the TO released them for sale, which was back in April this year. Our current booking is for a one bedroom apartment on a 4 complex on a half board basis, on one of their premium properties. In replacement we have been offered, with no discount or recompense, a single hotel room on an all inclusive basis in a 4 complex (but not in the premium range), and in a different resort (same island though). They say that this is an upgrade as the cost of the hotel is higher than what we have currently paid for the apartment (this is true if we didn't have the free child place: with the free child place the cost is £342 less; without the free child place the difference would be £857 more - and if we hadn't had the free child place at the apartment, then that actually would have cost more as children do not count towards occupancy).

Our issue is that we are not being offered like for like: accommodation is (much) smaller, not as high a quality and in a different resort. We have also been told that we could not have been guaranteed a free child place at the hotel if we had booked that but as we booked the holiday the day the holidays were released we think this is highly unlikely (and surely with computerised booking sytems they would be able to track when the free child places were available).

Of course we have the option to cancel our booking but then we will be penalised as we will no longer be able to find a holiday for when we want to go (end of August) that still has free child places available, and will thus be liable for the higher charges.

Would anyone have any idea what we can do?

not entirely sure from the legal perspective as it would depend on the small print of the contract i think.

have you spoken to ABTA about this? they were very helpful when i had an issue with a tour operator some years ago.

presumably you have voiced your concerns already with the tour operator in writing - maybe via email? I would do this first and then take the response to ABTA.

If you could have the premium range at the hotel they suggest would that be suitable? I would investigate alternatives that they provide and think about suggesting those that you are happy with. one of the flight companies cancelled a flight shortly after i booked it and tried to fob me off with a mid-week one - i said i would be happy for it to be changed to the sat and we ended up with a more convient and expensive flight at no extra cost to ourselves.

good luck. some companies try to fob you off with crap to see if they can get away with it, but sometimes if you stand your ground they will come to their senses

extra thought - i seem to remember from my advertising training that you should not be promoting something you cannot supply. might be worth pointing this out to them, along with the fact that if you cannot find a resolution you will be approaching abta.

Thanks

You don't have to cancel or take their alternative straight away. Don't feel under pressure to do so.
I suggests you
2) Get a quote from a reputable Tour Operator for the same holiday package that your originally booked, see what the price is - it may even be less - so you can cancel and rebook elsewhere.
or

1. Shop around to see if you can get something better elsewhere for a better price, then cancel and get your full refund - refund the deposit too. Don;t take any rubbish about them keeping an admin fee. Mention ABTA and travel package regulations .. blah blah blah. You are not going till next August, so I guess you have only paid a deposit.

If you decide not to take their alternative, you should get a full refund - including a refund for the deposit too (that;s what full means).

TBH Free child places are generally offered by the hotels/resorts, the airlines still charge for the flight seats. Sometimes companies offer free child place which are falsely advertised, when in fact the adult prices are hiked up to compensate the free place. No such thing as a free holiday.

Posted on your Legal thread too.