Hotel change in package travel: significant contractual change, choice and repayment

If a package-travel organiser changes the accommodation before departure, the change may be a significant alteration of the package travel contract. Under section 9 PRG, travellers may then accept the proposal within a reasonable period or withdraw without compensation. If a replacement trip is offered or the quality is lower, repayment or a price reduction may also be relevant.

The assessment compares the accommodation agreed in the contract with the accommodation now offered. Hotel name, category, location, meals, facilities, travel dates and expressly promised features all matter. This article concerns a hotel change before departure. Overbooking after arrival, a lack of conformity during travel and a price increase are separate situations.

Section 9(2) PRG covers a significant alteration of an essential characteristic of a travel service before a package travel begins. Section 4(1)(1) PRG requires information about characteristics such as the type, main features and category of the accommodation and its approximate location. The change must therefore be assessed by comparing the agreed service with the replacement actually proposed.

A different hotel name does not answer the question by itself. A replacement in a comparable category and location, with the same agreed meals, may be assessed differently from a move to a materially different area, category or standard. An expressly promised feature may also be essential, such as a beachfront location, accessibility or a specified form of board.

The contract and the purpose of the trip shape the assessment. Accommodation selected for a tour, a family holiday or a fixed event may have different important features. Compare the organiser’s notice with the standard information form, booking confirmation and original service description. Keep the assessment tied to the actual package and its agreed services.

Under section 9(1) PRG, a unilateral change to contract terms other than price is allowed where the contract reserved that right, the change is insignificant and the traveller receives clear information on a durable medium. A significant alteration therefore cannot be treated as an ordinary minor adjustment.

For a significant alteration, the organiser must explain the proposed change and its effect on the package price. The notice must also state the reasonable period for a response, the consequence of no response and, where relevant, the replacement trip and its price. A short message saying that the hotel has changed leaves important statutory information unanswered.

The response period runs from receipt of the notice. Keep the email, attachment or account message with its date and time. If the organiser only explains the change by telephone, ask for a form that can be stored. The notice should identify both the service originally agreed and what is to replace it.

Where an essential characteristic is significantly altered, the traveller may accept the proposal within the reasonable period or withdraw from the contract. The same choice exists where the organiser proposes to increase the total price by more than 8 per cent under section 8 PRG. For a hotel change without a price increase, the key issue is the significance of the altered accommodation.

Withdrawal under section 9(2) PRG is free of compensation. The statement should identify the package travel contract, the notice of change and the decision clearly. If several people are included in the booking, state whose contract position and payments are covered by the response.

The organiser may offer another package travel arrangement. Under section 9(3) PRG, the traveller may agree to an equivalent or higher-quality replacement trip where possible. Compare accommodation, destination, dates and the remaining travel services carefully. Acceptance should follow a sufficiently specific description of the alternative.

If the traveller withdraws under section 9(2) PRG and does not accept a replacement trip, the organiser must repay all payments made by or on behalf of the traveller without undue delay and no later than 14 days after receipt of the withdrawal statement. The period is linked to receipt. Send the statement in a way that can later be shown and keep the evidence.

Where the change or replacement trip results in lower quality or lower costs, section 9(5) PRG provides for an appropriate price reduction. This concerns the value of the altered travel service compared with what was agreed. Classify any credit, discount or other offer before making a further demand, because its scope may be limited to one part of the change.

Repayment after withdrawal and a price reduction after accepting the changed trip are different consequences. Travellers who take the trip despite lower quality generally assess the reduction in the value of the performance. Travellers who end the contract assess repayment of the amounts paid and any further claims under the applicable legal requirements.

Start with the features stated in the original booking. Compare the type of accommodation, category, room or unit, location, distance, meals, accessibility, facilities, travel dates and included services. Photographs from a website can support the record, but they do not replace the contractual documents.

The travel itinerary can affect the importance of the accommodation. On a multi-stop package, a different location may change transfers or the use of other booked services. For a family trip, room layout and accessibility may matter. On a holiday focused on rest, an expressly promised beach location, spa facility or board arrangement may shape the value of the booking.

Do not accept the replacement silently while its consequences are still unclear. Ask for the address, category, meals, additional costs, transfer and treatment of payments already made. If you accept, state whether the acceptance also settles a price reduction or other claims. The answer should be clear for both sides.

Arrange the documents chronologically: offer, standard information form, booking confirmation, contract, payment records, notice of change and your response. Mark the original accommodation features and describe the differences in your own words. Screenshots should show the relevant account area or URL and the time of capture.

Record when the change arrived and which deadline the organiser set. If no clear period is stated, ask for clarification in writing. Your response should identify the contract and the selected option, so it remains clear whether you accepted the alteration, accepted a replacement trip or withdrew.

Keep proof of payments and any offer for a replacement trip. A repayment request should identify the amounts concerned. For a price reduction, a table can compare the original service, the replacement, the price and each concrete quality difference. A general demand is harder to assess than a documented comparison.

A hotel change before departure concerns an alteration of the contract under section 9 PRG. Overbooking discovered on arrival concerns the provision of the booked accommodation. For a lack of conformity during the package, sections 11 and 12 PRG address remedies, price reduction and damages. The same deadline and choice should not be assumed for all three situations.

A price increase is another separate case. It is governed by section 8 PRG and may trigger the choice under section 9(2) PRG when it exceeds 8 per cent. A hotel change without a price change instead turns on the essential characteristic of the accommodation. The agreed service, the nature of the alteration and the time of the notice are decisive.

Cancellation of the entire package also has a different focus. There, performance of the trip as a whole is in question. With a hotel change, the organiser may intend to continue the trip with an altered service. The organiser’s letter and the package services must be examined before choosing a response.

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