What can I do if my booked hotel is overbooked upon arrival?
November 2, 2023 | 40,00 EUR | answered by Alwin Hohenwarter
Dear travel law attorney,
My name is Sophia Lenzner and I recently booked a trip that I was looking forward to with great anticipation. Unfortunately, upon my arrival at the booked hotel, I encountered an unpleasant problem: the hotel was overbooked and could not provide me with a room.
This unexpected situation has left me feeling very unsettled and I am concerned about what to do next. Since I have already paid in advance for the accommodation, I feel disadvantaged and wonder what rights I have as a traveler in this situation. Is the hotel obligated to offer me alternative accommodation? What rights do I have as a guest who has made a reservation in advance?
I am looking for solutions to ensure that my travel experience is not completely disrupted. I would like to know what steps I can take to assert my rights and possibly receive compensation or a refund. Are there specific laws or regulations that can help me in this case?
I hope that with your expertise and experience in the field of travel law, you can assist me. I would be very grateful for your support and advice.
Sincerely,
Sophia Lenzner
Dear Mrs. Lenzner,
I understand your concern and regret that you encountered an unpleasant problem upon your arrival at the booked hotel. Indeed, it is very frustrating when one looks forward to a trip and is then confronted with such a situation. As a travel law expert, I can assist you in this matter and provide you with some important information about your rights as a traveler.
In your case, if the hotel is overbooked and cannot provide you with a room, the hotel actually has the obligation to offer you alternative accommodation. This is based on the so-called travel contract law, which is legally regulated in Germany. According to § 651a BGB, the tour operator (in this case the hotel) is obliged to provide the travel services in accordance with the contract. This also includes providing accommodation that you have booked and paid for in advance.
If the hotel does not offer an alternative accommodation or does not provide you with a satisfactory solution, you have the right to claim damages. This may include a refund of the costs for the services not provided, as well as compensation for any inconvenience caused. It is important that you keep all communication with the hotel in writing and have any evidence such as booking confirmations or payment receipts on hand to support your claims.
If the hotel is not cooperative or does not offer you a reasonable solution, I recommend seeking advice from a travel law attorney to best enforce your rights. An experienced attorney can help you obtain adequate compensation and, if necessary, initiate legal proceedings to enforce your claims.
I hope this information is helpful to you and that you can find a satisfactory solution to your problem. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Alwin Hohenwarter
