Can I get a refund if my booked wellness hotel was closed?
July 21, 2024 | 40,00 EUR | answered by Ralf Schlittmaier
Dear travel lawyer,
My name is Dirk Engel and I recently booked a trip to a wellness hotel to relax and unwind. Unfortunately, I found out that the hotel was closed during my planned stay due to government measures to contain the Corona pandemic. As a result, I was unable to start my booked stay and lost the cost of the accommodation completely.
This unforeseen situation has put a financial strain on me and I am wondering if I have a right to a refund of the costs, as the hotel was not available as agreed. I have already tried to contact the hotel, but was informed that no refund is possible due to the circumstances.
Therefore, I would like to ask if there are any legal options to get a refund for my unused stay at the wellness hotel. Are there any laws or consumer protection regulations that could help me in this case? What steps should I take to get my money back?
I thank you in advance for your support and expertise in this matter.
Sincerely,
Dirk Engel
Dear Mr. Engel,
Thank you for your inquiry regarding the reimbursement of the costs for your unused stay at the wellness hotel due to the official closure during the Corona pandemic. This situation is certainly very frustrating and causes financial burdens.
As a consumer, you have certain rights when a booked service cannot be provided. In the case of the hotel's closure due to measures to contain the pandemic, it is considered a force majeure event. This means that the hotel may not be obligated to offer you a refund. However, there are legal options available to help you get your money back.
Firstly, you should check if you have taken out travel cancellation insurance that covers such cases. In this case, you may be entitled to a refund of the costs. If not, you should check if the hotel has offered you alternative solutions, such as the opportunity to reschedule your stay for a later date.
If the hotel does not offer a solution and you do not have travel cancellation insurance, you may consider legal action. Under § 651a BGB, you have the right as a consumer to a reduction in the travel price if the service is not provided as agreed. This could mean that you may at least receive a partial refund of the costs.
It is advisable to seek assistance from a lawyer specializing in travel law in such a case. You may also try to reach an out-of-court settlement with the hotel by making your claim in writing and explaining the legal basis.
I hope this information helps you and wish you success in enforcing your claims against the wellness hotel.
Best regards,
Ralf Schlittmaier
Lawyer specializing in travel law
