Hello everyone, new to the forum and I am in desperate need of help!
In March me and my 3 friends bought a package holiday through lowcostholidays.com to Malia,Crete from the 5th of July to the 12th of July we booked a hotel which i'll call hotel A, however today we have found that the hotel was overbooked and hence they have placed us in another hotel called hotel B.
They have told us that since they are both 3* hotels and near the location we wanted to be in they will not compensate us, now here comes the problem, when we booked back in march we were looking at both hotels A and B, at the time hotel A was £120 and hotel B was about £80 however we decided to go for the more expensive hotel after reading the terrible reviews about hotel B and the great ones about hotel A. We have expressed this to the company but they still refuse to compensate us.
I have looked through all the legal information and acts (also loss of value claims) however I am not one that hugely understands the legal jargon. As you can probably tell by the location I am going to I am a young traveler and would normally get my parents to help me with this, however they are on holiday themselves until the day before I leave! So I am very much on my own here and in desperate need of help on my rights and what I can do!
Also I have read that lowcostholidays.com have pulled out of ABTA, I don't know if this is a recent development or not and if because I ordered in march they will still be covered.
Thank you very much everybody!
read the T&Cs for low cost holidays and i am sure you will see that they are allowed to do this as it is only a minor change.
the only light i can shed is that there will probably also be a bit in the T&Cs that deals with the difference in cost if they do move you like this.
i think you may have a case for a refund of the difference in price, but check how they price both hotels now
I will definitely look into the T&Cs about a refund of the difference in price as that is mainly what we want, we do not mind spending our time in a not so good hotel as long as we can get some compensation for it, I will keep you informed on the status of the situation.
It doesn't sound as though you've booked a package holiday, more than likely its a dynamic package whereby Lowcost put the various components together ie separate flight & accommodation booking. If is a package then who is the Tour Operator?
'lowcostholidays.com don’t do package holidays, instead we provide tailor made holidays to suit your taste and budget. By using innovative technology we search for the cheapest holidays and provide you with the flexibility to go when you want and stay where you want. This means that a holiday with lowcostholidays.com is cheaper and more flexible than most cheap package holidays available'
So I am guessing as you say we have booked a dynamic package instead! I'm guessing by the changing of wording this changes my rights completely?
Thanks in advance!
As long as they have offered you a comparable alternative they have done all they need to. It is up to you whether you accept it. A refund of any difference wouldn't normally happen, even when a package has been booked. The large tour operators pay a small amount of compensation, depending on how long in advance the change is done, but as this isn't a package this won't apply.
Low Cost did pull out of Abta, along with several other companies, and are now part of ATA (Association of Travel Agents).
As they are unlikely to go bust, being an Abta member shouldn't really matter. The financial protection of the flight and accomodation comes via their Atol licence.
Sunaddict wrote:It could be a dynamic package that is a true package, but I don't think Low Cost actually do package their own. Your Atol certificate will tell you whether it's a package or a flight plus.
As long as they have offered you a comparable alternative they have done all they need to. It is up to you whether you accept it. A refund of any difference wouldn't normally happen, even when a package has been booked. The large tour operators pay a small amount of compensation, depending on how long in advance the change is done, but as this isn't a package this won't apply.
Low Cost did pull out of Abta, along with several other companies, and are now part of ATA (Association of Travel Agents).
As they are unlikely to go bust, being an Abta member shouldn't really matter. The financial protection of the flight and accomodation comes via their Atol licence.
Have looked at the ATOL certificate and have hence found that what we have booked is a 'flight-plus' holiday and hence not a package. Guessing by your paragraph is that we are very unlikely to get compensation which is a shame! I will have a look at the ATA regulations and see what I can uncover.
Thanks for the help!
http://content.lowcostholidays.com/DataObjects/FlightTermsConditions/File/Lowcostholidays%20Terms%20and%20Conditions%20Flights.pdf
In fact they include the statement
.You must understand that it is you who creates your own booking(s) and who organizes it. We do not organize package arrangements of any sort. The consequence is that no booking you make will fall within the Package Travel, Package Holidays and Package Tours Regulations 1992 (as amended).
SM
But surely in this case the OP did 'create his own booking and organize it' to include Hotel A, whereas it was Lowcost who changed this to Hotel B. I'm probably missing something, but by reference to their stated terms it would appear they are hoist by their own petard.
After complaining and complaining they came back and offered us two options:
1. Stay in hotel A with room-only (we had booked self catering)
2. Stay in hotel B with £40 compensation, £10 compensation per person
As we deemed the compensation for hotel B wasn't enough (£160 would be worth it) we decided to stay in the hotel A. Even though we thought that taking the "self catering" part of the room away we should be due a little money back, we would not have cooked anyway so it wouldn't affect our holiday.
Thank you for everyone who replied, your advice was very helpful when I was in a really tough situation not really knowing my rights!
Thanks for coming back to update us.
Aslemma wrote:But surely in this case the OP did 'create his own booking and organize it' to include Hotel A, whereas it was Lowcost who changed this to Hotel B. I'm probably missing something, but by reference to their stated terms it would appear they are hoist by their own petard. :-?
Aslemma in this situation with companies like Lowcostholidays you create your own booking and organise it direct with the bed supplier and the changes are usually made by them and you have to negotiate with them and/or rely on Lowcostholidays to negotiate with them on your behalf. In such circumstances Lowcostholidays are the messengers not the people who made the decision and their T&Cs cover them for exactly this sort of situation.
SM
I guess I've been lucky, as in all the years I've been booking through companies like this I've only ever been up-graded when my hotel hasn't been available.
Though I've never used Lowcostholidays I too have used companies like them - principally Travel Republic - and never had problems either. I do wonder though whether as women of shall we say more 'mature' years that some companies think twice about trying to do this sort of thing to people like us who because of our age can be assumed to be a bit more experienced and worldly wise when it comes to travelling? We seem to have seen a spate of posts here from younger travellers just like the OP here and perhaps some bed bookers and hotels try to take advantage of them, thinking that they will give up more easily?
The only thing against that theory is that I can't remember ever being asked for my age when booking on line, so whilst it may apply when face-to-face with a sales person I can't see it affecting bookings made on the net.. As for being mature, you speak for yourself my dear, I'm positively ancient.
No, I've never been asked for my age when booking just a hotel either but more and more flight operators ask for the passport information at the time of booking or at least a few weeks before departure so that information would be in the documentation for a dynamic package booking? Just a thought that's all.
SM
1 - Destination and accommodation (we will have already decided before we start) so any sales pitch is wasted on us - if that hotel is not available then we stop there and then. Go away and think about alternatives never accept the one the agent suggests. With all the holiday review sites it is not difficult.
2 - What dates,and flexibility. We only do day time flights these days so times are important.
3 - 20Kg luggage so we are not caught out as we once were.
Sounds simple but as we know from the complaints aired on here people are only too willing to be sold something rather than buying what they actually want. Cost wise it is probably the largest item of expenditure people make after a house or car so make sure it is the holiday YOU want.
I always tell people to forget the excitement of booking a holiday, which is often the reason people do not read the T&Cs and so end up in a mess, it is no different from buying anything else
fwh
Low Cost don't decide who get's bumped. The hotel will inform their suppliers of an overbooking. If it's close to arrival the hotel itself may even decide which customers to bump, and they have no idea of how old people are, neither do Low Cost's suppliers. The only people that do now are Low Cost, and they don't make the decision.
fwh wrote:Experience obviously counts when booking some of these holidays. We usually go back to hotels where we have had a good experience these days but I still make a few notes before even looking.
1 - Destination and accommodation (we will have already decided before we start) so any sales pitch is wasted on us - if that hotel is not available then we stop there and then. Go away and think about alternatives never accept the one the agent suggests. With all the holiday review sites it is not difficult.
2 - What dates,and flexibility. We only do day time flights these days so times are important.
3 - 20Kg luggage so we are not caught out as we once were.
Sounds simple but as we know from the complaints aired on here people are only too willing to be sold something rather than buying what they actually want. Cost wise it is probably the largest item of expenditure people make after a house or car so make sure it is the holiday YOU want.
I always tell people to forget the excitement of booking a holiday, which is often the reason people do not read the T&Cs and so end up in a mess, it is no different from buying anything else
fwh
Totally agree , which is why I would not book these type of suppliers or any other name they call themselves
SMa wrote:Lowcostholidays don't do packages of any sort as their Terms and Conditions make very clear here
http://content.lowcostholidays.com/DataObjects/FlightTermsConditions/File/Lowcostholidays%20Terms%20and%20Conditions%20Flights.pdf
In fact they include the statement
.You must understand that it is you who creates your own booking(s) and who organizes it. We do not organize package arrangements of any sort. The consequence is that no booking you make will fall within the Package Travel, Package Holidays and Package Tours Regulations 1992 (as amended).
SM
SMa wrote:
Aslemma wrote:But surely in this case the OP did 'create his own booking and organize it' to include Hotel A, whereas it was Lowcost who changed this to Hotel B. I'm probably missing something, but by reference to their stated terms it would appear they are hoist by their own petard. :-?
Aslemma in this situation with companies like Lowcostholidays you create your own booking and organise it direct with the bed supplier and the changes are usually made by them and you have to negotiate with them and/or rely on Lowcostholidays to negotiate with them on your behalf. In such circumstances Lowcostholidays are the messengers not the people who made the decision and their T&Cs cover them for exactly this sort of situation.
SM
As fwh said , cost wise it is probably the largest item of expenditure people make after a house or car , I think I would really want to know exactly what I was getting and who exactly is responsible
And just for the record , I don't go on holiday to cook either
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