Discovering the hard way that our 'package holiday' is a 'non package'

We paid £1,300 to Bookable Holidays but the trip turned into a disaster. Why have we only been offered a £345 refund?

We booked a seven-night all-inclusive holiday to Egypt through Bookable Holidays and paid £1,300. After checking in we realised we were among a handful of guests in a hotel that had gone into administration. The promised lake was nowhere to be seen. Only one of the many swimming pools had water in it. There were no activities at the Sol Y Mar Riva Club as described, shops within the hotel had windows broken and contained dead birds and broken furniture. The water from the taps and shower was orange, except on one day when there was no water.

We contacted Bookable Holidays and were transferred a day later but for the rest of our holiday we suffered with a stomach bug picked up from food at the first hotel.

We asked for a full refund but have only been offered £345. PL, London

The £345 reflects the cost of the seven night's accommodation and that, alas, is all you're likely to get since, although you paid Bookable Holidays for the flights and hotel, it does not count as a package holiday. The different providers were itemised and receipted separately and Bookable's terms and conditions make it clear that it acts as an agent. That means it cannot be held liable under the package travel regulations. Instead, you have separate contracts with the airline and the accommodation supplier. If that is not as described you can claim for "loss of bargain", the difference between what you paid and what you got, and "loss of enjoyment" from the supplier. But you wouldn't be entitled to a refund from the airline that took you there. It's difficult for consumers to make the distinction between regulated package and unregulated non package when using an agent, so it's wise to check.

Bookable Holidays, meanwhile, says it has done all it can to mediate between you and the hotel and suggests you refer your dispute to ABTA or the small claims court. But Abta can't help since the accommodation supplier is not a member and, given the nature of the contract and that you were transferred after three nights, it's by no means certain a court would award you more – or even as much as the £345.
