Arriving at the hotel and discovering that the room does not match the one reserved, that a promised service is missing, or, directly, that there is no accommodation available despite having a confirmed reservation does not force the traveler to settle.
The hotel must respect the contracted conditions and the advertised offer, and its breach may open the door to a price reduction, a refund, or the claim for economic damages that can be proven.
Advertising also matters. The European Consumer Centre in Spain reminds that the content of the offer, promotion, or advertising is enforceable by consumers, even when some of those conditions do not subsequently appear expressly stated in the contract. Therefore, it is especially important to keep the description of the room, the reservation confirmation, photographs, emails, and any document that allows demonstrating what was contracted.
What to claim if you are given an inferior room
If the establishment provides a room of a lower category than contracted, the guest can request to be provided with another room of the same category that was reserved. If it is not available and accepts a lower alternative, they can demand a price reduction.
The difference may lie in the room's own category, but also in determining characteristics of the reservation. It is not the same to have contracted a family room than to receive a standard one, nor to reserve specific views, capacity, or equipment and find oneself with inferior services.
Documentation will be essential if there is a dispute later. It is advisable to keep the original confirmation of the reservation, the price paid, and any description that allows demonstrating what room was contracted and what room was finally received.
What happens if the air conditioning does not work
The air conditioning may seem like an accessory element, but if it was included among the characteristics of the contracted accommodation, it is part of the conditions that the establishment must respect. The importance of the breach will also be very different depending on the circumstances, especially during episodes of high temperatures.
The first thing is to communicate the breakdown and allow the hotel to resolve it, either by repairing it or providing another room that meets the contracted conditions. If the establishment resolves the problem adequately, the harm caused will be different from that of a guest forced to endure the entire stay without the service.
If there is no solution, the traveler can file a complaint and request compensation proportional to the breach. There is no official rate that establishes how much money corresponds for a night without air conditioning, so it would not be correct to automatically attribute a specific percentage of refund.
Closed pool, nonexistent breakfast, and other advertised services
The same logic can be applied to other services used by the hotel to market the stay. An advertised pool that is actually closed, an included breakfast that is not provided, or promised facilities that do not exist can constitute a breach if they were part of the contracted offer.
Consumer legislation establishes that the content of the offer, promotion, or advertising and the conditions offered are enforceable, even if they do not subsequently appear expressly in the contract made. The establishment cannot use certain services to sell the room and then simply ignore those conditions.
The response must relate to the importance of the breached service. Not all services carry the same weight on a stay, nor does any incident justify fully recovering the price of the accommodation.
What you can claim if the hotel has overbooking
The problem is greater when there is a confirmed reservation but the establishment does not have the room when the customer arrives. The traveler must immediately claim to the hotel and request an adequate alternative.
If an inferior room is offered and the customer accepts it, they can claim the corresponding price reduction. If the establishment does not provide a room with the contracted characteristics, the consumer can request the corresponding refund.
Overbooking can also cause other harms. For example, that the traveler has to look for alternative accommodation at the last minute or face a higher expense. In these cases, it is especially important to document that the additional expense directly arises from the establishment's inability to fulfill the reservation.
Can what was paid for another hotel be claimed?
When the breach forces the client to seek alternative accommodation, there is the possibility of claiming the damages caused. If the traveler ends up staying in another room for a higher price, they can file a claim for breach of contract.
This does not mean that any expense decided unilaterally has to be automatically reimbursed. It will be essential to demonstrate the relationship between the breach and the expenditure made, in addition to keeping the invoices of the alternative accommodation.
It is also advisable to act reasonably. If there is no cause to justify it, replacing a mid-range room with a considerably more expensive luxury hotel may hinder a full claim for the difference. The better it can be proven that the new expense was necessary and proportionate, the stronger the claim will be.
What evidence to keep
The reservation confirmation is the starting point. The email or document where the category of the room, the dates, the price, the number of guests, and the included services are stated must be kept.
It is also advisable to take photographs or videos of any deficiencies, save screenshots of the advertising, and keep the messages exchanged with the establishment or the platform. If the hotel acknowledges in writing that it does not have the reserved room or that a certain service is not functioning, that communication can be especially useful.
Finally, all invoices and receipts for the expenses that are later to be claimed must be kept. Without documentation, it will be much more difficult to prove both the breach and the economic damage suffered.
Who to claim to if you booked through a platform
Having made the reservation through a platform does not necessarily mean that it is responsible for any problem that occurred at the hotel. When the breach corresponds to the provision of accommodation, the claim must be directed first against the establishment.
Responsibility may be different when the problem arises from the service provided by the intermediary itself, such as certain incidents related to its payment system or with information whose management corresponds to it. That is why it is important to identify where the breach occurred before filing the claim.
If a solution is not reached, the consumer can resort to the available complaint and extrajudicial resolution mechanisms. In cross-border conflicts with companies from other countries in the European Union, Iceland, or Norway, consumers residing in Spain can also turn to the European Consumer Centre.
Claim during the stay and not wait to return home
One of the most important decisions is to communicate the problem while still staying at the hotel. In this way, the establishment has the opportunity to solve it and there is evidence that it was aware of the incident.
If the problem is not resolved, it is advisable to submit a written complaint before leaving the establishment or immediately after. Photographs, invoices, screenshots of the reservation, and communications maintained during those days will help reconstruct what happened.
The fundamental principle is simple: the consumer has the right to receive what they contracted. When the hotel cannot provide it, the complaint should be adjusted to the severity of the breach and the harm actually suffered, from a reduction for receiving an inferior room to the expenses incurred from having to look for other accommodation.