How can I proceed if the hotel I booked does not match the descriptions?
June 4, 2024 | 30,00 EUR | answered by Ralf Schlittmaier
Dear travel lawyer,
my name is Heike Gallenberg and I recently booked a trip where I was supposed to stay in a specific hotel. Unfortunately, I had to realize that the hotel does not correspond to the descriptions that were given to me at the time of booking.
The situation is as follows: I booked a room in a 4-star hotel online, which, according to the description, should have had a pool, a fitness room, and a wellness area. However, when I arrived, I found out that the pool was closed, the fitness room was not usable, and the wellness area did not even exist. Additionally, the room was significantly smaller than expected and the cleanliness was lacking.
My concerns now are that I paid for a service that I did not receive. I feel deceived and frustrated, as I was looking forward to a relaxing holiday and am now confronted with these issues.
My question to you is how I can best proceed to claim a refund or receive adequate compensation. What legal steps can I take to take action against the hotel and enforce my rights as a consumer? Is there perhaps also a possibility to terminate the trip prematurely and find an alternative?
I thank you in advance for your help and support in this matter.
Sincerely,
Heike Gallenberg
Dear Mrs. Gallenberg,
Thank you for your inquiry regarding the unfortunate situation you experienced during your booked trip. As a lawyer specializing in travel law, I understand your frustration and your desire for appropriate compensation for the services not provided.
First and foremost, it is important to note that as a consumer, you are protected by travel law and entitled to a proper execution of your booked trip. If the hotel does not meet the descriptions provided to you at the time of booking, it constitutes a breach of contract on the part of the hotel. In such a case, you have various legal options to enforce your rights as a consumer.
First, you should inform the tour operator through whom you booked the trip. Write to them detailing the deficiencies you have observed and demand appropriate compensation or a refund of the price already paid. The tour operator is usually your first point of contact and is responsible for ensuring that the services at the booked hotel are provided. If the tour operator is unwilling to address your complaint, you may consider taking legal action.
In this case, I recommend seeking the advice of a lawyer specializing in travel law to assert your claims. An experienced lawyer can help you enforce your demands against the tour operator and possibly the hotel as well. Depending on the nature and extent of the deficiencies, you may be able to claim a reduction in the price of the trip, damages, or termination of the contract.
It is important to gather all relevant documents such as booking confirmations, descriptions of the booked hotel, and photos of the deficiencies to support your claims. The more detailed your documentation of the deficiencies, the better your chances of receiving appropriate compensation.
Regarding the premature termination of the trip and the search for an alternative, this will depend on the specific circumstances. In some cases, it may be possible to cancel the trip for a valid reason and find alternative accommodation. Here again, a lawyer specializing in travel law can advise you and help you enforce your rights.
I hope that my explanations are helpful and wish you success in asserting your claims. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Ralf Schlittmaier
Lawyer specializing in travel law
