EasyJet hammers home that there will be no refund
I booked a £609 package to Spain through easyJet Holidays. Shortly afterwards, easyJet notified me that there were building works at the hotel. I was given the option of going ahead with the trip, or changing the holiday and paying any difference in price. Equivalent packages cost more, and since I've been under a lot of stress the last thing I wanted was a week on a building site, so I asked for a refund, but easyJet refused.
JT, Brighton
The easyJet alert is certainly discouraging given the hotel advertised was in a 'quiet' location. It warned that the noise of hammering was likely for 11 hours a day while the front of the hotel was repaired. However, because its facilities were still open, you did not qualify for a refund.
Surprisingly, this seems to be backed up by the rules. The Package Travel Regulations stipulate a refund is due if the main characteristic of a holiday is altered, but it's silent on noisy building works. Abta's code of conduct says that if building work does not affect hotel facilities no refund is due. Katherine Allen at law firm Hugh James says you might have a case if the holiday was sold on the basis of tranquillity, works were extensive and another hotel of the same quality could not be found.
EasyJet holidays says: 'The building work was graded as 'moderate', meaning having an insignificant impact. We contacted JT as soon as we were made aware, and offered the opportunity to book an alternative.' Email your.problems@observer.co.uk. Include an address and phone number. Submission and publication are subject to our terms and conditions
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