Am I entitled to a refund if my hotel does not meet the booked standards?
June 12, 2022 | 30,00 EUR | answered by Fred Kock
Dear travel lawyer,
My name is Isabel Schreiber and I recently booked a trip to a hotel that does not meet the standards that were promised to me at the time of booking. I paid for a stay in a four-star hotel, but upon arrival, I found the hotel to be not clean, the furnishings outdated and worn, and the service lacking. I was very disappointed with the condition of the hotel and feel deceived as the reality does not match the promises that were made to me.
I have already contacted the hotel management to request appropriate compensation or a refund, but they are refusing to offer me a refund and claim that I am bound by the terms I accepted at the time of booking. However, I firmly believe that as a customer, I have the right to receive appropriate compensation if I am not provided with the services and standards that were promised to me.
My concerns are that I have paid a lot of money for this stay and now I am not getting the quality and comfort that I expected. Therefore, I would like to know if I am entitled to request a refund and what legal steps I can take to enforce my rights. Are there specific laws or regulations in travel law that could help me in this situation?
Thank you in advance for your help and advice on this matter.
Sincerely,
Isabel Schreiber
Dear Mrs. Schreiber,
I understand your disappointment regarding the standards not being met during your stay at the booked four-star hotel. As a travel law attorney, I am here to assist you and will provide you with further information on your rights and potential legal steps.
First and foremost, it is important to know that as a consumer, you are protected by the Package Travel Regulations. According to § 651a of the German Civil Code (BGB), travelers have the right to demand appropriate compensation if the booked travel service does not meet the contractually agreed standards. In your case, since the hotel did not meet the promised four-star standard, you are entitled to a refund or an appropriate price reduction.
You have already tried to contact the hotel management directly to find a solution, which is commendable. However, if the hotel continues to refuse to offer you appropriate compensation, I recommend seeking assistance from a travel law attorney. Your attorney will help you enforce your rights and, if necessary, take legal action against the hotel.
It is also advisable to gather all relevant documents such as booking confirmations, correspondence with the hotel, and photos of the hotel's condition not meeting the standards to support your claims.
Regarding the specific laws and regulations in travel law that could assist you in this situation, it is important to mention that German travel law is heavily influenced by the European Directive on Package Travel. This Directive grants consumers a high level of protection in package travel and sets clear rules for the rights and obligations of travelers and travel organizers.
In conclusion, I recommend that you promptly contact a travel law attorney to assert your claims and obtain appropriate compensation. I hope that my information is helpful to you and I am available for further questions.
Sincerely,
Fred Kock, Attorney at Law
