What should I do if my hotel room does not correspond to the description?
May 20, 2023 | 40,00 EUR | answered by Sophia Breitwieser
Dear Travel Law Attorney,
My name is Carsten Ehrig and I recently booked a vacation where I encountered a problem. I booked a hotel room that was supposed to have luxurious amenities and a breathtaking sea view according to the description. Unfortunately, the room I was assigned upon arrival does not at all match the description.
The situation is as follows: I booked a room in a 5-star hotel in advance and was looking forward to a relaxing and luxurious stay. However, when I entered my room, I was disappointed as the amenities did not match the description and the sea view was obstructed by buildings. I have already spoken to the hotel staff, but they could not offer a satisfactory solution.
My concerns now are that I paid for a service that was not delivered. I feel deceived and wonder if I can take legal action to get my money back or receive appropriate compensation. I also wonder if I can leave the hotel and find alternative accommodation without fearing financial consequences.
Could you please advise me on the steps I should take to protect my rights as a consumer and how best to proceed in finding a solution to my problem? Thank you in advance for your help and advice.
Sincerely,
Carsten Ehrig
Dear Mr. Ehrig,
Thank you for your inquiry and for trusting me with your concerns in the field of travel law. I am sorry to hear that you have encountered problems during your vacation and that your expectations were not met. It is understandable that you feel deceived and are seeking a solution to your problem.
In your case, it is a case of defective goods liability, as the booked service does not correspond to the description. As a consumer, you have the right to receive a service free from defects that corresponds to the agreed contract. If the hotel room does not meet the agreed conditions, you have the right to demand rectification, price reduction, or in extreme cases, even termination of the contract and refund of the money paid.
Initially, you should continue the discussion with the hotel staff and clearly communicate your dissatisfaction with the service provided. Demand an appropriate solution that meets your expectations. If the hotel cannot offer a satisfactory solution, I recommend documenting all relevant information and communication in writing. This can serve as evidence later on if legal action is required.
In your case, it would be advisable to consult a lawyer specializing in travel law to discuss your legal options and potentially file a lawsuit against the hotel. An experienced lawyer can help you enforce your claims and obtain appropriate compensation.
It is important that you assert your claims promptly, as they may expire within a certain period of time. Therefore, do not hesitate to take legal action if the hotel does not offer a satisfactory solution.
I hope that my information helps you and that you are able to find a solution to your problem. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Sophia Breitwieser
Attorney specializing in travel law
