I'm no expect but it seems to me that you can't have any complaints about First Choice. They have let you know ahead of time about the facilities not being available (presumably they are being repaired or refurbished). The resort probably notified First Choice about this fairly recently and First Choice have done their customers the courtesy of notifying them. It's not FC's fault if the resort decides to refurbish their facilities. All FC can do is offer you a refund or, perhaps, offer to move you to a similar resort. As you said yourself, there are no similary priced holidays available so their only option was to give you the choice of sticking with the holiday or accepting the refund.

It sucks for you and your family, I know, but I don't see what FC have done wrong here.

hi ..carmel.. ..you did not say when you are due to go on holiday....if they have only given you short notice then it would be nice if they could fix you up with something that is the same elsewere without any extra charge ,as you say you booked 12 months ago they should be more understanding,..hope you get it sorted let us know....regards...johndoe

They are dammed if they do notify you and dammed if they don't

Carmel
Do they not have any similar properties in their brochure that they will swap you into as goodwill?
Failing that have you looked round all the other tour op brochures. I know this sounds like a great pain in the **** but they all do activity filled holidays and if this was the critical part of your holiday it might be worth the hassle.
For what its worth I do feel for you
Marie

You should read the information provided by this link:

http://www.opsi.gov.uk/si/si1992/Uksi_19923288_en_1.htm

Point 14 "Significant proportion of services not provided" should interest you.

Clause 14 (2) covers the T.O's responsibility to provide you with alternate arrangements - at no extra cost to you.

Point 12 may also have some bearing on your case and should be read in conjunction with point 13 (2) (a).

To summaraise, the T.O. has complete responsibility for the "proper performance of the obligations under the contact". This means the T.O. IS responsible for the fact that the hotel can no longer offer the sports facilities.

Greyejectbutton's view is false in as much as First Choice need to either contract those services with an alternate supplier or negotiate with you for an acceptable reduction in the holiday cost. As regards F.C. extending you any courtesy - well, they are legally obliged to do that and should in fact do more.

Johndoe is heading in the right direction - F.Choice should look to offer you alternate packages that come close to providing those facilities they are no longer able to provide. If that causes them to bear extra costs so be it - it must not burden you with any additional costs and should not preclude F.Choice making such a provision simply because they will suffer extra costs - that's tough but it is their problem - not yours.

kmba - a succint comment. The F.O. could avoid being damned by complying with their obligations and finding a suitable replacement holiday for their client. Simply offering the ability to cancel is not acceptable. Clause 13 (2) (a) gives the client the right to a substitute package of equivalent or superior quality.

Carmel, search the First Choice brochures - all of them - worldwide. When you find a package that provides you with the facilities that you booked for in good faith 12 months ago ask First Choice to transfer you to that package. Preempt their suggestion there's no availability by first checking such with a travel agent.

If F.C. will not comply with your request to change to a suitable replacement contact ABTA and seek their opinion of the 1992 Package Travel and Tour regulations.

Let us know the outcome.

Good Luck
Mike

Greyejectbutton's view is false

Nobody's view is "false", please don't be so rude. The information contained in my opinion may be incorrect but I did say I wasn't an expert (yes, I know there was a typo). So, what happens if no alternative accomodation is available? This is what the poster originally indicated. Do you expect FC to magically conjure up a brand new resort? Or should they do as they already have done, and offer a full refund?

I am sorry greyejectbutton, my post was not meant to offend - and it has - so you have my complete apology for that.

A T.O. the size of First Choice is likely to have many alternate choices - it is for the client to determine the suitability rather than the T.O. Not sure the original poster was ever offered any alternatives by First Choice - I believe F.C. went straight to the refund option - but I might be wrong.

Again, my apologies for upsetting you.

Mike

No problem, sorry if I misunderstood you. It's sometimes hard to gauge a person's tone over the Internet!

I also received a letter about the facilities being unavaiable. I am unhappy as I am not interested in a soccer school especially being my age of 45. What gets me is when did they know about this, very convient for them just when i paid the full amount. We have about 26 people going to club dorado on June 7th, so am going to get them all to complain. We booked the holiday on what was offered and where it is so why should I go anywhere else.

Jen,

If you are unprepared to move to an alternate hotel with facilities similar to those booked then negotiate with the T.O. for a reduction in price commensurate with the loss of facilities.

That's likely to be tough though as the T.O. will apportion a ludicrously low value on those facilities and likely offer you next to no discount.

Cancellation is your final option with refund of all monies paid within 7 days of cancellation being agreed.

Mike