Q: My husband and I recently booked a package holiday with a local travel agency. When we booked the holiday, we were told we would be staying at a particular hotel.

We were also shown photos on the internet of a very nice hotel, situated in the city centre. We were told we had to pay a higher rate for this hotel, which we readily did. Unfortunately, what we found when we checked in was a completely different story.

First of all, the hotel was different to the one promised to us by the travel agency. The first thing that greeted us when we were shown to our rooms was the suffocating smell of fresh paint. This is irritating for everyone, let alone my husband who is asthmatic. He started having an attack soon after he entered the room and spent most nights awake in the balcony.

Another big disappointment was the breakfast which was meant to be a buffet. But we only found a machine with hot drinks, orange juice, small pieces of stale bread and cheese.

When we asked staff about the rest of the breakfast, they explained the only missing foods were yoghurt and ham. Furthermore, every morning we had to ask the staff for clean cups and glasses and also for clean cutlery.

We complained about this whole situation with the hotel manager and told him we wanted to leave and wanted our money back. He said he could not do that because we were booked through an agency. So we asked him to get in touch with the agency and explain the situation to them. We never got an answer, so we had to endure the rest of our holiday in this hotel.

Are we entitled to claim a refund and if yes, who is responsible for providing us with a refund, the hotel or the travel agency?

A: The Package Travel Regulations provide that when we book a package holiday with a travel agency, the latter is responsible for providing us with all the information about the holiday, including the type of accommodation.

If the information proves to be false or misleading, we are legally entitled to compensation for any discrepancy and loss suffered.

It is, however, imperative we complain immediately and try and sort the problem on the spot. For instance, with regard to your complaint about the smell of fresh paint, you should have complained immediately to the hotel manager to see if the problem could be solved – such as having the room changed.

Regarding the different hotel you were booked in, if this hotel was of a lesser value than the one originally booked, you are entitled to a proportionate compensation.

You can also claim compensation for not having the promised breakfast.

You may also be entitled to seek refund for any extra money which you had to spend as a direct result of the discrepancies with the original package.

If the travel agency refuses to give you reasonable compensation for all you had to endure during your holiday, you may file a complaint with the Office for Consumer Affairs by calling freephone 8007 4400.