Consumer rights
The protection of the rights of consumers and users is supported both in our Constitution, in Royal Legislative Decree 1/2007
, as well as in the consumer protection regulations enacted by the Autonomous Communities in accordance with their respective competences. All of this is without prejudice to other sectorial regulations that may regulate specific products or services. Knowing your rights as a consumer is essential so that, should you need to, you can claim them. For this reason, below are some of the most important rights that consumers have when booking accommodation.
Clear information
Information must be clear, truthful, relevant, sufficient and accessible. Before booking, the characteristics and conditions of the contract, the name, business name and address of the entrepreneur, the full final price, the method of payment and deadlines, as well as the complaints procedure must be provided. Any ambiguity will be interpreted in favour of the consumer and unfair conditions will not be binding.
Free information
Pre-contractual information shall be provided free of charge and at least in Spanish. If requested by the consumer, it shall also be drafted in any of the official languages of the place where the contract is concluded.
Consent to additional payments
Additional payments for ancillary services shall be communicated to the consumer in a clear and comprehensible manner. Before the user is bound by the contract, he must give his express consent. Without this consent, the user shall be entitled to reimbursement of the corresponding charges.
Booking confirmation
For online bookings, the establishment shall send a confirmation by a means equivalent to that used for the booking, provided that it can be archived, and as soon as the booking has been made. If it has been made by e-mail or similar, an acknowledgement of receipt shall be sent by this means within 24 hours.
Online advertising
Both electronic commercial communications and their sender must be clearly identified and, as a general rule, they must have the corresponding authorisation. The recipient shall be offered the possibility of objecting - easily and free of charge - to the processing of his or her data for promotional purposes, both at the time of collection and in each of the communications.
Terms and conditions
It is recommended to always consult the terms and conditions published on the website in order to know the consumer's rights, as well as the characteristics of the service.
Advertising offers
Advertising, offers, promotions or any other marketing used for the sale of services, even if not included in the contract, may be demanded by the consumer. If the contract contains more beneficial terms, they shall prevail.
The services must be provided with the quality that corresponds to the category of the establishment and the characteristics and conditions contracted. Otherwise, the user may be entitled to a fair refund of the market price, which may be total or partial. It should be remembered that the advertising offer is integrated into the contract and can also be demanded. In any case, the services contracted must be detailed in the invoice.
Have you been overcharged? Ask for your money back and if you are forced to stay in another room at a higher price, claim for breach of contract. For additional payments not foreseen in the agreed price, the trader must have the consumer's consent, otherwise the consumer is entitled to reimbursement of the unauthorised payments.
The room you booked is not available? Ask for another room in the same category. If you are offered an inferior room, ask for a price reduction. If the establishment refuses to offer you a room with the same characteristics, ask for a refund.
Does the room not have the contracted characteristics? Demand that it has the features and services contracted or ask for a reduction in the price, otherwise claim a refund.
Have you booked a package holiday? For package tours and linked travel services, there are specific rules. In these cases, preferably contact the organiser of the trip: tour guide, tour operator or travel agency.
When providing personal data, the purpose for which they are collected must be verified and the procedure for access, rectification, deletion, portability, limitation of processing and objection must be simple. When commercial communications sent by electronic means are sent, the possibility of opposing the processing of the data shall be provided in a simple and free manner, both at the time of collection of the data and in each of the communications.
Health protection
In the event of food poisoning, the damage suffered can be claimed. The ticket or receipt for the consumption should be kept, and a doctor should be consulted when the symptoms begin and the corresponding report should be requested. In Spain, claims can be made through administrative channels via the Municipal Consumer Offices (OMICs) and a mediation process can be initiated or arbitration can be initiated to reach an amicable agreement. In the most serious cases, there may be a crime against public health, which will have to be reported to the courts of justice. Witnesses will help to prove the facts.
Security protection
The goods or services shall present no risk to the health or safety of persons or their property, or only the minimum risks compatible with the use of the goods or services, which are considered acceptable at a high level of protection. The consumer shall be informed of these foreseeable risks. In the event of safety problems, a complaint may be lodged and administrative and legal proceedings may be initiated.
Establishments shall be liable for damages caused to consumers and users, unless they can prove that they have complied with the regulatory requirements and other care and diligence required by the service.
They shall be liable for theft and damage caused to the possessions of their customers, both inside the establishment and in the parking area, except when the theft is armed robbery or force majeure. To claim compensation, the consumer must have some evidence of the value of the stolen or damaged possessions, e.g. a statement of value signed by both parties.
"Exclusion notices" in which the hotel announces that it is not liable for theft or damage are not valid. In such cases, the hotel management should be informed, reported to the police and a written complaint should be submitted to the hotel as soon as possible.
If the terms of a contract are unfair, they are not binding on the consumer. And if the unfair term is not an essential element in the contract, the unfair term will not be binding but the rest will remain valid.
What are unfair terms?
In general, unfair terms are terms that bind the contract to the will of the trader, limit the consumer's rights or are disproportionate. Terms must be based on good faith, drafted in clear and understandable language and contain accurate and sufficient information. Any ambiguity shall be interpreted in favour of the consumer.
As for unfair commercial practices, these can be misleading, either by action (giving false information) or by omission (withholding important information); or aggressive in order to force a purchase.
Persons with disabilities will be provided with information in an easily accessible format, ensuring the necessary assistance to ensure their proper understanding and to enable them to make decisions that are in their best interests.
Entrepreneurs may not charge consumers and users - for the use of certain means of payment - fees that exceed the cost borne by the entrepreneur. For online bookings, consumers from European countries will have the same conditions when purchasing goods or services, as well as when choosing the method of payment, irrespective of their nationality or residence.
No right of withdrawal
If the online booking provides for a specific date or period of performance, there is no right of withdrawal. In other words, the consumer does not have a period of 14 days to cancel the booking without having to justify his decision and without penalty of any kind, as is generally the case for other online purchases.
With right of withdrawal
Is the accommodation part of a package holiday? In this case, yes, you have the right of withdrawal.
What is a package holiday?
These are travel plans that combine at least two services - such as transport and accommodation - at a flat rate and for stays of more than 24 hours. For these cases, the rules offer special protection to consumers. For example, they would have the right of withdrawal if the booking was made remotely or outside the establishment and, in the event of a complaint, it will be the travel organiser or retailer who will resolve the problem.
The establishment must guarantee the protection of the rights of consumers and users. It shall provide information on the mechanisms for submitting a complaint or claim and shall have the means and supports for universal accessibility to guarantee access to them.
The business must respond to complaints as soon as possible within a maximum period of one month. If the trader does not resolve the complaint satisfactorily, consumers may turn to an alternative dispute resolution entity accredited by the European Commission. For cross-border European consumer complaints, they can also turn to the European Consumer Centres Network (ECCNet).
Related Document
Brochure: Accomodation in Europe
