Hotel Booking Disputes

Hotels sometimes accept more reservations than they have rooms, anticipating cancellations. When this happens and you have a valid confirmed booking:

• The hotel must provide you with accommodation of at least equivalent standard, at no extra charge to you.
• If the alternative is more expensive, the hotel (not you) must pay the difference.
• The hotel should pay for transport to the alternative accommodation.
• If you are in a package, your tour operator must resolve the problem — the hotel's individual obligations are less significant than the organiser's duty under the PTRs 2018.

Keep all receipts for any additional costs you incur (taxis, meals while waiting, calls). These are recoverable as damages if the hotel does not voluntarily reimburse them.

Under the Consumer Rights Act 2015 and the Consumer Protection from Unfair Trading Regulations 2008, it is unlawful for a hotel or booking platform to make false or misleading statements about accommodation. Common complaints include:

• Pool or spa advertised as open but closed during your stay
• Sea view room with no sea view
• Air conditioning advertised but not functioning
• Star rating or cleanliness significantly lower than advertised

Document everything with photographs and written complaints made at the time. A service must be provided with reasonable skill and care and match any description given before the contract was made. If it does not, you may be entitled to a partial or full refund, plus compensation for any losses (e.g., cost of a meal you would not have needed to buy if the restaurant had been open).

When you book through a third-party platform (Booking.com, Expedia, Hotels.com), the contract is typically between you and the hotel, with the platform acting as agent. This means:

• Your primary remedy is against the hotel, not the platform.
• However, platforms have their own dispute resolution processes and often mediate between guests and hotels.
• Some platforms offer a "best price guarantee" or booking guarantee that provides additional protections.

If the platform misrepresented the hotel (e.g., displayed incorrect photos or outdated information), you may have a claim against the platform as well. The Consumer Protection from Unfair Trading Regulations 2008 apply to misleading commercial practices by any trader in the supply chain.

If the hotel or platform does not resolve your complaint satisfactorily:

1. Complain in writing to the hotel's head office or the booking platform's customer service within 28 days of returning.
2. ABTA: If the hotel or booking was part of a package with an ABTA member, use ABTA's ADR scheme.
3. Credit card chargeback: If you paid by credit card and the service was not as described, your card provider can reverse the charge. For purchases over £100, Section 75 of the Consumer Credit Act makes the card provider jointly liable.
4. Small claims court: For claims up to £10,000 in England and Wales.

For standalone hotel bookings — not part of a package — your primary legal framework is the Consumer Rights Act 2015 (CRA 2015) and, where a credit card was used, Section 75 of the Consumer Credit Act 1974.

Consumer Rights Act 2015: services must match their description

Under the CRA 2015, hotel accommodation is a service that must be provided:

• With reasonable skill and care — a dirty room, broken facilities, or unhygienic conditions all fall short of this standard.
• As described — any description on the booking website or in the hotel's own marketing forms part of the contract. If the hotel described a pool as "open year-round" and it was closed during your stay, this is a breach of contract.
• Fit for purpose — accommodation must be safe, secure, and suitable for what you booked it for (e.g., a family room must be adequate for a family).

If the hotel falls short, you are entitled to a price reduction — a partial refund proportionate to the difference between what was promised and what was delivered. Document everything with photographs and written complaints to reception during your stay.

Section 75 of the Consumer Credit Act 1974

If you paid more than £100 for your hotel booking by credit card, Section 75 provides a powerful backstop. Your card issuer is jointly liable with the hotel for any breach of contract or misrepresentation. This is particularly useful when:

• The hotel is abroad and difficult to pursue directly.
• The hotel has closed or gone insolvent.
• The hotel is denying the misrepresentation and the booking platform is deflecting responsibility.

Submit your Section 75 claim to your card provider in writing, attaching evidence of the breach (photographs, booking confirmation showing the description, written complaints made during the stay). The card provider must investigate and can reverse the relevant portion of the charge.

CMA enforcement and unfair terms

The Competition and Markets Authority (CMA) has taken action against hotel booking platforms and operators whose terms mislead consumers — for example, fake "limited rooms" urgency claims or non-disclosure of resort fees. Under the Digital Markets, Competition and Consumers Act 2024, the CMA has strengthened direct enforcement powers. If you believe a hotel or booking platform has used systematically misleading practices, you can report this to the CMA, which can investigate and impose fines without needing to go to court. Trading Standards offices can also investigate individual misleading practices complaints referred through Citizens Advice.