When we book a hotel either through a travel agency or online, we have a right to expect that its facilities and characteristics are exactly as described by the trader.
If, for instance, the hotel is described as having air-conditioned rooms, but when we arrive there we find out that there is no air-conditioning, then legally we have the right to complain and claim compensation.
When accommodation is purchased as part of a package holiday, all that is promised in the brochure describing the hotel, must be delivered during the holiday. If we find out that the promised four-star central hotel is in reality a three-star one, not centrally located in the city we are visiting, this would be considered a breach of contract and we will be entitled to compensation.
We are also entitled to complain should we encounter problems with the hotel’s facilities, such as if our room is not cleaned or the shower is not working well. It is important that when faced with such problems we report them while still on holiday.
If we have booked the accommodation directly with the hotel, we should communicate with the hotel’s management and request an adequate and immediate solution. In case of a package holiday, if a tour leader is accompanying us on our holiday, we should address our complaint to them.
In absence of a tour leader, we should contact directly the travel agency and report the problems we are encountering. If we do not give the travel agency the possibility to make things right while we are still on holiday, it might affect our claim for compensation when we eventually lodge our complaint on our return.
Should the hotel or travel agency offer us alternative arrangements or compensation while still on holiday, before accepting, we should keep in mind that if we accept, we usually would not be able to make any further claims. Hence, unless we are entirely satisfied with the solution offered, we should not accept it.
In situations where problems are unresolved while still on holiday, it is advisable to put our complaint in writing and also collect all documents relevant to our complaint and any other evidence that can sustain our claim, such as photographs and videos.
The amount of compensation claimed should reflect the seriousness of the shortcomings suffered. The larger the discrepancy between what was promised to us when booking the accommodation and the reality of what we got, the bigger should be the compensation claimed.
We must however always make reasonable claims and never demand something we are not entitled to. If our complaint is rejected, or the trader offers less than what we requested, our next step is to file a complaint with the Office for Consumer Affairs for mediation and an amicable settlement.
In situations where the hotel’s booking is made online and we do not manage to solve the problem directly with the hotel, if the hotel is in a EU member State, we can seek the help of the European Consumer Centre Malta.
odette.vella@mccaa.org.mt
Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.