A recent dispute between a customer and easyJet Holidays has highlighted the complexities surrounding travel refunds when unexpected disruptions arise. The customer, who had booked a £609 holiday package to Spain with easyJet Holidays, discovered that their planned hotel accommodation was undergoing substantial repairs. The renovations, expected to generate noise for 11 hours each day, contradicted the hotel's description as being in a "quiet" location.
Upon learning about the building work, the customer immediately reached out to easyJet Holidays. The airline responded by offering an alternative hotel booking. However, the customer, distressed by the prospect of staying amid construction noise, declined the offer and requested a refund instead. EasyJet Holidays refused to issue a refund, citing that the building work was rated as "moderate" with an insignificant impact on guests.
"The building work was graded as ‘moderate’, meaning having an insignificant impact." – EasyJet holidays
The legal framework governing such situations, the Package Travel Regulations, stipulates that a refund is warranted if a holiday's main characteristics are altered. However, these regulations do not explicitly address scenarios involving noisy building works. Meanwhile, Abta's code of conduct indicates that refunds are not due unless the construction affects hotel facilities, further complicating the customer's claim.
"We contacted JT as soon as we were made aware, and offered the opportunity to book an alternative." – EasyJet holidays
Legal expert Katherine Allen from Hugh James law firm suggested that the customer might have grounds for a refund if tranquility was a key selling point of the holiday package. The hotel's advertisement had warned of extensive noise due to hammering during its repairs.
"It warned that the noise of hammering was likely for 11 hours a day while the front of the hotel was repaired." – JT (hotel advertisement)
The customer argued that staying in a hotel with ongoing building work would exacerbate their stress. Additionally, equivalent holiday packages now cost more than their original booking, adding financial strain to their predicament.