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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I booked a holiday May 5th 2014 for Dec 15th 2014. I have paid a substantial deposit and the balance is due end of September. The holiday company has now told me that the hotel was incorrectly advertised as on the beach and a shuttle bus is required which they are providing. I asked if I had the option to change to another hotel or cancel without cost. They have advised that to change the hotel on the same destination will cost £150 and I cannot cancel without all deposit lost or move the money paid to another holiday destination. I feel this should be available as the firm did not describe the location correctly. Please advise options.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help with this.
Alex Watts : What do their terns say about errors please?

Major Changes To Your Holiday
Occasionally, we have to make major changes to the flight or accommodation making up your holiday with us.

Major changes to your holiday for which we will pay compensation unless the change is for reasons beyond our control (see 'Important Note - Events Beyond Our Control'), using the scale shown, may include the following changes: a significant change of destination; a change in accommodation to that of a lower category, a change in the time of your departure or return flight by more than 12 hours, a change of UK departure airport (excluding changes between London airports, London, Ebbsfleet and Ashford stations and between Dover/Folkestone ports). A delay to your flight that we need to make within 24 hours before you are due to depart will not be considered a major change unless the delay is for more than 24 hours. These changes are only examples and there may be other significant changes which constitute major changes.

If we tell you about any of these changes after we have confirmed your holiday booking, you may either:
- accept the new arrangements offered by us; or
- accept a replacement holiday from us of equivalent or similar standard and price, at the date of the change, if we are able to offer you one. We may offer you a replacement holiday from another TUI Travel Group company. Should you choose this option the terms and conditions of your holiday will not change and these conditions still apply to your booking; or
- cancel your holiday with us and receive a full refund of all monies paid.

Either way, we will pay you compensation, using the Compensation table shown, unless the change is for reasons beyond our control (see the ‘Important note – events beyond our control’) and we will always refund the difference in price if the replacement holiday is of a lower standard and price, at the date of the change.

This standard payment will not affect your statutory or other legal rights. We will only make one payment for each full-fare-paying adult in the holiday booking. Any children not paying the full adult fare will receive 50% of these amounts. Children using a free child place will not receive any standard payment.

Any compensation payable will be on these scales, based on how many days before your booked holiday departure we tell you of a major change.

Period Before Departure When A Major Change Is NotifiedCompensation Payable Per Person
84 days or more£0
83 - 29 days£10
28 - 15 days£20
14 - 8 days£30
7 - 0 days£40

If The Change Is Not Acceptable To You
If any major change indicated above is not acceptable to you, you can cancel your holiday booking. In this case, we will refund all the money you have paid us and will pay you compensation, as shown above, depending on how many days before your holiday we tell you about this change unless the change is for reasons beyond our control (see 'Important Note - Events Beyond Our Control'). This standard payment will not affect your statutory or other legal rights.

Important Note - Events Beyond Our Control
Events beyond our control include: war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks and pandemics, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events.

Alex Watts : Thank you. In that case you do not have to pay.
Alex Watts : There is nothing in here that says if they make an error you have to pay the difference.
Alex Watts : Therefore you do not.
Alex Watts : Its their error and they should lose the £150. It's not your fault. Their terms do not say errors and omissions excepted.
Alex Watts : Therefore you do not have to pay the extra.
Alex Watts : Can I clarify anything for you about this today please?

So in this case can I ask for:


  1. can I request to cancel with a full refund


Trying to send a full question, can I get a refund without loss, option to move to another hotel on the beach and pay extra if higher price,or have a separate holiday with the funds moved to that holiday without cost,

Alex Watts : Yes you can cancel with a 100% refund if you have not already agreed to the amendment. But you can simply refus to pay the £150 and ask in the terms where it says you should.
Alex Watts : Does that help ?

Thank you, ***** ***** them again.

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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