What can I do if my booked holiday home is not habitable?
April 23, 2022 | 30,00 EUR | answered by Ralf Schlittmaier
Dear lawyer,
my name is Erwin Karpinski and I have booked a holiday home in Spain for my summer vacation through an online platform. Unfortunately, upon my arrival, I discovered that the holiday home is uninhabitable. There are problems with electricity, water supply, and cleanliness is also lacking. I have already spoken to the landlord, but he was unable to fix the defects within a reasonable time.
I am very worried as I am now left without accommodation and cannot enjoy my vacation as planned. I have already spent a lot of money on booking the holiday home and do not want to incur additional costs for alternative accommodation.
My question to you is: What can I do in such a situation? Are there legal steps I can take against the landlord to reclaim my money or receive appropriate compensation? I am in a dilemma and would appreciate any help and support to resolve this unpleasant situation as best as possible.
Thank you in advance for your advice.
Best regards,
Erwin Karpinski
Dear Mr. Karpinski,
Thank you for your inquiry and for trusting in my expertise in the field of travel law. I am sorry to hear that you have had such unpleasant experiences with your holiday home in Spain. In such a situation, it is understandable that you are concerned and looking for solutions to reclaim your money or receive appropriate compensation.
First and foremost, it is important that you inform the landlord in writing about the defects in the holiday home and give them a reasonable deadline to fix the problems. If the landlord fails to rectify the defects even after the deadline, you generally have the right to a reduction in the rent or even to withdraw from the contract.
In your case, since the defects are so serious that the holiday home is uninhabitable, withdrawing from the contract would probably be the best option. In this case, you can request the landlord to refund the rent already paid and any additional costs incurred for alternative accommodation. If the landlord refuses, you can take legal action to enforce your rights.
In such a situation, it is advisable to consult a travel lawyer to professionally represent your claims. The lawyer can assist you in setting a reasonable deadline and drafting the withdrawal letter. Additionally, they can help you in enforcing your claims in court or through out-of-court negotiations.
It is important that you gather and keep all relevant documents such as the rental agreement, your communication with the landlord, and receipts for additional costs incurred to support your claims.
I hope that my explanation helps you and that you can resolve the unpleasant situation as best as possible. If you have any further questions, please do not hesitate to contact me.
Best regards,
Ralf Schlittmaier
Travel Lawyer
